Computation Of Attorney Fees For Estates Page 15
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30In the event that a fiduciary and attorney negotiate for the payment of a fee
in excess of the fee allowed by this schedule, an Application for review
and approval by the Court must be made and entered prior to the rendition
of the legal services.
ATTORNEY FEES FOR THE RELEASE FROM ADMINISTRATION
The compensation allowable to an attorney who obtains the Release from
Administration of an estate and renders all legal services necessary,
including preparation and filing of required tax returns, shall be based on
reasonable hourly rate and work product performed. Attorney fees are
subject to Court approval.
Rule 41
EXECUTORS AND ADMINISTRATOR’S COMMISSIONS
(A)
Ordinary services (See O.R.C. 2113.35) – Computation of fees shall be
submitted to Court.
(B)
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 set for hearing and notice given to
interested parties in accordance with Civil Rule 4.1.
(C)
Except for good cause shown, executor’s and administrator’s commission
will not be allowed to executors or administrators who are delinquent in
filing an Account.
(D)
The commissions of co-executors or co-administrators in the aggregate
shall not exceed the commissions which would have been allowed one
executor or administrator acting alone, except where the instrument under
which the co-executor serves provides otherwise.
(E)
Where counsel fees have been applied for and awarded for rendering
services to the estate which normally would have been performed by the
executor or administrator, said executor or administrator’s fee shall be
reduced by the amount awarded to counsel for those services rendered
unless for good cause shown, the Court finds under the circumstances such
a ruling would be unfair to the executor or administrator.
(F)
No commissions are paid for the Release of an Estate from
Administration, excepting upon application and approval of the Court.
(G)
Fiduciary fees, when counsel is the duly appointed fiduciary of the estate,
shall not exceed one-half (1/2) the statutory allowance and shall be paid
only upon consent of primary beneficiaries and Application and Approval
of the Court.
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