Ask the Expert: Get a retainer letter

I hired a lawyer to probate my father's will. I'm the only heir. The lawyer filed the will and then sent me a bill for his services. I don't know how to get my name on the deed to the house or how to complete forms related to the will. He hasn't returned phone calls or answered my letter asking for help. When I hire a lawyer to probate a will, what exactly should I expect him to do for the fee?

It depends. Probate-related services can range from just filing the will to handling all matters involving the estate - and the fee varies accordingly. All services and charges should be spelled out in advance in a retainer agreement, signed by both of you. Good lawyers always provide one. Indeed, New York law requires a retainer letter for services that will cost more than $3,000, says Stephen J. Silverberg, a Roslyn Heights estate lawyer.

Even if you signed a retainer agreement, if you believe you were overcharged for the services you received, you can file a grievance with the Nassau or Suffolk County bar association and ask for an arbitration hearing through the New York State Attorney-

Client Fee Dispute Resolution Program. Or you can complain directly to the court that probated your father's will. "Tell the judge that you think your lawyer overcharged you," Silverberg says. The lawyer is then required to provide the court a detailed accounting of his services and fee. After looking it over, the judge can overrule any retainer agreement and set the fee he or she deems appropriate. "That's one of the advantages of going through probate," Silverberg says.

The bottom line Don't hire a lawyer without a retainer letter, and if a fee seems excessive, file a complaint.

Websites with more information bit.ly/hdpnFQ and bit.ly/fO8cIE