Computation Form Of Attorney Fees Page 18

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RULE 71.2
EXTRAORDINARY FEES
Examples of extraordinary services which may be compensated in addition to the
foregoing suggested guidelines on ordinary fees includes, but is not limited to the
following:
1.
Litigation or matters in a court other than Probate Court.
2.
In a contested matter in the Probate Court, including but not limited to
will contests, applications to determine heirships, declaratory judgments
for interpretations of wills.
3.
In connection with the preparation or filing, audit, protest of any state,
federal, or local income tax issue or any applicable business tax.
4.
In connection with the settlement of Estate or inheritance taxes in
respect to insurance not payable to the estate, gifts in contemplation of
death, or general testamentary powers of appointment not excerised by
the decedent and other negotiation not represented by assets included
in the ‘gross value’ of the estate.
5.
With respect to problems of valuation or taxability of property for estate
and inheritance taxes or to the protest of such taxes.
6.
Preparation and filings of federal estate tax returns or audit of state or
federal estate tax returns.
7.
In connection with matters which are unusual or expensive for the size
of the estate involved.
8.
In connection with the performance of duties normally performable by
the personal representative but which fall to the lawyer because of
personal representative’s inexperience, lack of ability, or absence from
the place from which assets of the estate must be managed.
9.
Sale of business or business assets.
10.
Proceedings involving partnership.
RULE 71.3
OHIO ESTATE TAX RETURN
The Ohio Estate Tax Return shall not be considered as an extraordinary fee.
RULE 71.4
COMBINED FIDUCIARY AND ATTORNEY FEES
When an attorney is appointed as executor, administrator, or guardian, AND
that attorney or other attorney with the same law firm is acting as attorney for the
fiduciary, the combined total fees allowed may not exceed the statutory fiduciary
commission plus one-half of the guideline counsel fee absent good cause shown.
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