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02-06-2024 07:05 PM - edited 02-06-2024 07:08 PM
I know the attorney gets a hearty fee for handling a wrongful death case. They also get any "expenses" they incur reimbursed.
The closest family members get a share of the settlement after lawyers and expenses are paid.
An Executor of a Will gets a fee for their services in handling the Estate. Does the person who handles the lawsuit get a fee for their time and work on the case if a settlement is reached? It can be as much work as an Estate in some ways. And it includes lengthy depositions and overall lots of work.
Hyacinth
02-06-2024 07:09 PM
I'm guessing that paying anyone not specifically named in the will would be up to the discretion of those named in the will.
02-06-2024 07:14 PM
Usually, their fee a one-third of the settlement.
02-06-2024 07:29 PM
The attorney has already taken his fees - time and expenses.
The settlement is going to the children. But only one handled the whole case. So does THAT person get a fee for all the time, etc. they spent on working with the attorneys?
Hyacinth
02-06-2024 07:37 PM
@hyacinth003 NOPE!
Now if the other children want to contribute a little something-something that is up to them.
"Never argue with a fool. Onlookers may not be able to tell the difference."
02-06-2024 07:59 PM
@hyacinth003 Legally the child who did the work is not entitled to a fee unless it was agreed in writing by the parties involved. Otherwise it's up to the others if they choose to chip in. This should have been handled previously and in writing to this.
02-06-2024 08:05 PM - edited 02-06-2024 08:07 PM
Any monetary arrangements regarding the fees should have been made in writing when the lawyers took the case. I don't know what is meant by one child worked with the lawyer on the case. However the settlement award is being split should have been worked out beforehand also.
02-06-2024 08:15 PM
I know when my brother died and his will was in probate I was the executor and I was entitled to a fee. Not sure if this is applicable or not.
02-06-2024 08:20 PM
Seems like you need a lawyer to double check the lawyer. The average person doesn't know everything to ask!
By one person, I meant there are 3 children, but one did all the handling of the case with the attorneys, including paperwork, phone calls, lengthy depositions, etc. The others will just get checks handed to them, it sounds like!
Hyacinth
02-06-2024 08:21 PM
PI cases are usually handled as no fee unless you win. I've seen enough PI attorney commercials to know that. As far as an executor getting paid I think you're best to ask the attorney how that works in relation to your particular case.
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