Who Pays Attorney Fees In Probate In Delaware

Video Transcription

Hi. Tim here, with Opp Real Estate. So you may be wondering who pays the attorney fees in a probate in Delaware. So, most people think that the personal administrator has to pay the fees, but that’s not necessarily the case. We have run into a lot of situations where the homeowners or executors of the estate have paid out of pocket, and the truth is that they don’t have to pay out of pocket. Really, it comes out of the estate’s assets. The estate’s assets are legally what should be paying the attorneys.

Now, that being said, you could run into a couple of problems. One, if the estate has only property in it, and there’s no actual cash to pay an attorney, then you have no money to pay an attorney. What do you do? Well, one, you could find a different attorney. A lot of attorneys, yes, do require a retainer up front. In our experience, maybe the majority of them do, but there are some attorneys, and you might be able to find one. Not saying there isn’t any out there that will take payment on the back end. Depending on the size of the estate, that may be very possible, and then you won’t have to pay them until all the paperwork’s said and done, and all the assets of the estate have been liquidated. So that’s one way.

The second way is, yes, the personal administrator or the executor will have to pay money out of pocket to pay the attorney, and there’s no way around that. But, the estate can reimburse them once it has been sold. So, once the property has been sold, and there’s cash in the estate, then it can be sold and given to the attorney for their fee.

So, I hope that answers your questions about how to pay attorney fees for probate in Delaware. We run across the situation all the time, and if there’s any other homeowners out there that are watching this video, that are going through the situation or about to, you need some assistance, feel free to give us a call. We’ll happy to give you any type of help in any way, even if you’re not ready to sell property yet. That’s completely fine. There’s no obligation. Otherwise, we can refer you out to another attorney, and I would say if you want a more legal answer, I would talk to an attorney about it. Always consult an attorney, because we’re just going off our experience.

So, I hope that helps. If you have any other questions about how to pay attorney fees and probate in Delaware, or anything else, feel free to reach out to us on our website or give us a call. Thanks.

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