Notice Of Hearing On Application For Attorney Fees Page 28
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52B.
If the contingent fee agreement exceeds 33 1/3% of the recovery or 40% if
an appeal is taken, prior approval of the Court is required for the fiduciary
to enter into such an agreement. Absent such prior approval, the maximum
fee permitted shall not exceed 33 1/3% of the recovery.
SUP. R. 72
EXECUTOR’S AND ADMINISTRATOR’S COMMISSION
RULE 72.1
EXECUTOR/ADMINISTRATOR COMMISSION
A.
Where there is a claim for extraordinary services, an application shall be
filed setting forth an itemized statement of the services rendered. The
Court may require the application to be set for hearing with notice given to
parties affected by the payment of fees in accordance with Civ. R. 4.1.
B.
Except for good cause shown, commissions will not be allowed if there is
a delinquency in the filing of an account.
C.
The commissions of co-executors in the aggregate shall not exceed the
commissions which would have been allowed to one executor or
administrator acting alone except where the instrument under which the
co-executors serve provided otherwise.
D.
Where counsel fees of extraordinary nature have been awarded for
services to the estate which normally would have been performed by the
executor or administrator, the said executor’s or administrator’s fee may
be reduced by the amount awarded to counsel for those services rendered,
unless, for good cause shown, the Court finds that such a ruling would be
unfair.
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