Computation Of Attorney Fees For Estates Page 13
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30(G)
Where no guardian is appointed for either the receipt of an estate of a
minor or the receipt of a settlement for injury to a minor, the attorney
representing the interest of the minor shall prepare an Entry ordering the
deposit of said funds in a local banking institution in the name of the
minor impounding both the principal and interest and releasing said funds
to the minor on his eighteenth birthday. Said Entry shall be presented at
the time the Entry waiving appointment of a guardian or approving
settlement is approved. Said attorney shall further be responsible for
depositing said funds within seven (7) days of the Entry’s approval,
together with a copy of said Entry and shall further obtain a receipt from
the bank and deposit with the Court.
(H)
Other methods of distribution authorized by statute may be utilized upon
application to and approval by the Court.
Rule 38
SETTLEMENT OF CLAIMS FOR WRONGFUL DEATH AND
SURVIVAL CLAIMS
(A)
Application for approval of a settlement and distribution of wrongful death
and survival claims shall contain a concise statement of facts including the
amount to be allocated to settlement of the claim and the amount, if any, to
be allocated in settlement of the survival claim. The application shall also
include the proposed distribution of the net proceeds allocated to the
wrongful death claim.
(B)
The Court shall require that the Application and proposed allocation be set
for hearing and a written notice thereof be given to all interested parties in
the manner required by the Court where beneficiaries of different degrees
of consanguinity.
(C)
The Application shall also state what arrangements, if any, have been
made in respect to counsel fees, which fees shall be subject to review by
the Court.
Rule 39
COUNSEL FEES IN CONNECTION WITH SETTLEMENT OF
CLAIMS FOR WRONGFUL DEATH, CONSCIOUS PAIN AND
SUFFERING, CLAIMS FOR PERSONAL INJURIES TO PERSONS
UNDER GUARDIANSHIP, AND SETTLEMENT OF CLAIMS FOR
PERSONAL INJURIES TO MINORS UNDER R.C. 2111.18.
When representation is on a contingent fee basis, counsel will be allowed
fees based on a reasonable contingent fee contract voluntarily and
knowingly entered into between counsel and client (s) and subject to
approval by the Court.
Rule 40
COUNSEL FEES
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