Computation Of Attorney Fees For Estates Page 14
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30(A)
Attorney fees for the administration of estates shall not be paid until the
Final Account is prepared for filing unless otherwise approved by the
Court, upon application and for good cause shown.
(B)
Attorney fees shall be allowed upon written Application and Computation
of attorney fees, or, itemized schedule of services and time rendered, with
consent of the fiduciary set forth on said Application; further, an
endorsement that a copy of said Application has been served on all
primary beneficiaries.
(C)
The Court, in it’s discretion, may set a hearing on any Application for
allowance of attorney fees, regardless of the fact that the required consent
of the primary beneficiaries has been given.
(D)
Except for good cause shown, attorney fees shall not be allowed to
attorneys representing fiduciaries who are delinquent in filing an Account,
as required by O.R.C. 2109.30.
(E)
An Application shall be filed for the allowance of counsel fees for services
rendered to a guardian or trustee. The Application shall set forth a
statement of the services rendered.
(F)
In computation of attorney fees, a percentage of the income earned during
the administration of the estate shall NOT be allowed, except
extraordinary compensation and then upon separate Application and
approval of Court.
(G)
Counsel fees for the administration of a decedent’s estate, as set forth in
example attached hereto as “Exhibit B”, may serve as a guide in
determining fees to be charged to the estate for legal services of any
ordinary nature rendered as attorney for the executor or administrator in
the complete administration of a decedent’s estate. Such example,
however, is not to be considered as minimum or maximum fees to be
charged.
COUNTY LOCAL RULE 40.1
Nothing in this rule shall in anyway prevent or prohibit any attorney
charging a fee less in amount than that calculated in accordance with the
attached example.
Nothing in this rule shall prohibit any fiduciary and his attorney from
negotiating with each other for payment of a fee different in amount from
that calculated in accordance with the attached example, subject, however,
to review and approval by the Court as provided herein.
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