Notice Of Hearing On Application For Attorney Fees Page 25

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Responsibility shall govern the reasonableness of all fees, notwithstanding statutory
allowances. The Court assumes an attorney, appointed as fiduciary, has been selected
due to the attorney’s special knowledge and abilities resulting in a savings of fees to the
estate, guardianship or trust.
RULE 71.4
EARLY PAYMENT OF ATTORNEY FEES
Attorney fees for the administration of decedents’ estate shall not be paid or
advanced from any source until the final account or final closing documents are prepared
for filing unless otherwise approved by the Court upon application. Such application
shall contain a statement that the fee is being required in advance of the time permitted by
Sup. R. 71(B) and shall set forth the reason for requesting early payment of fees. The
application shall be accompanied by a consent as to the amount and the timing of the fees
by all beneficiaries who have yet to receive their complete distribution or shall be set for
hearing with notice to the non-consenting beneficiaries.
RULE 71.5
NOTICE AND CONSENT FOR ATTORNEY FEES IN ESTATES
A.
Application for attorney fees in estates, made at the time of the filing of
the final account, shall include a statement of the amount of the fees and a
statement of services rendered. The applicant shall give notice of the
hearing on the fees to one hundred percent (100%) of the persons whose
interests are affected by the payment of the fees, including creditors if the
estate is insolvent.
B.
If persons entitled to greater than 50% of the assets used for the payment
of the fees filed a written consent to the fees, the Court may, subject to
Sup. R. 71 (D), dispense with the filing of the application and the hearing
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