ESTATE OF JOHANNA C. SMITH, Deceased

ESTATE OF JOHANNA C. SMITH, Deceased — In this SCPA 2110 proceeding the petitioner, a daughter of the decedent and the proponent in the underlying probate proceeding, seeks to fix the fee of the attorney who represented her from February 6, 2007 until she discharged him on or about April 18, 2011. In a bill dated June 16, 2011, the respondent indicated that he was owed the sum of $13,970 for legal services performed and disbursements incurred, after he credited the petitioner with $18,326.10 that was previously paid. Specifically, he requests a legal fee of $29,200, based upon an hourly charge of $400 for 73 hours of legal services and disbursements of $3,132.10. The respondent acknowledges receipt of a $16,000 retainer fee and agrees that thereafter, he received an additional $2,362.10 in partial payment of disbursements. The petition requests that the court fix the respondent's fee at $10,000 and certainly at "no more than $17,000."

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ESTATE OF JOHANNA C. SMITH, Deceased — In this SCPA 2110 proceeding the petitioner, a daughter of the decedent and the proponent in the underlying probate proceeding, seeks to fix the fee of the attorney who represented her from February 6, 2007 until she discharged him on or about April 18, 2011. In a bill dated June 16, 2011, the respondent indicated that he was owed the sum of $13,970 for legal services performed and disbursements incurred, after he credited the petitioner with $18,326.10 that was previously paid. Specifically, he requests a legal fee of $29,200, based upon an hourly charge of $400 for 73 hours of legal services and disbursements of $3,132.10. The respondent acknowledges receipt of a $16,000 retainer fee and agrees that thereafter, he received an additional $2,362.10 in partial payment of disbursements. The petition requests that the court fix the respondent’s fee at $10,000 and certainly at “no more than $17,000.”

The decedent died on November 1, 2006 survived by the petitioner and two other daughters, one of whom is under a disability. The only asset listed in the probate petition is a parcel of realty valued therein at $365,900. The respondent drafted the propounded instrument and his then secretary was one of the attesting witnesses. This secretary moved to another state and the respondent spent a substantial amount of time in unsuccessful attempts to arrange for the secretary’s appearance at an SCPA 1404 examination. The other daughter not under a disability filed objections in the probate proceeding on March 25, 2011. To date, the will has not been admitted to probate and the realty remains unsold.

ESTATE OF JOHANNA C. SMITH, Deceased

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