Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you enter into an initial probate representation agreement in Vermont, the scope of tasks is set by your engagement letter or retainer agreement. Attorneys must outline which duties they will perform, the fee structure, and how additional work is handled. To determine whether a specific task is covered under your agreement, follow these steps:
1. Review the Engagement Letter and Fee Agreement
Vermont Rule of Professional Conduct 1.5(b) requires attorneys to communicate the scope of representation and fees clearly, preferably in writing. Your retainer should specify:
- Included services (e.g., filing the probate petition).
- Excluded services (e.g., contested hearings or litigation).
- Billing method (hourly, flat fee, or hybrid).
- Additional costs (court fees, publication fees, appraisals).
2. Identify Standard Probate Tasks under Vermont Law
Typical tasks in an uncontested probate administration include:
- Filing a petition for probate of the will or appointment of an administrator (14 V.S.A. § 304).
- Notifying heirs and beneficiaries per statutory requirements.
- Publishing notice to creditors and filing proof of notice.
- Obtaining letters testamentary or letters of administration.
- Preparing an inventory and appraisal of estate assets (14 V.S.A. § 504).
- Reviewing and resolving creditor claims.
- Preparing accountings and proposed distributions.
- Distributing assets and closing the estate.
3. Clarify Out-of-Scope and Optional Services
Some tasks are often billed separately. These may include:
- Contested probate or will disputes.
- Estate and fiduciary income tax returns.
- Trust administration beyond probate.
- Guardianships or conservatorships.
- Litigation against creditors or beneficiaries.
4. Ask for a Written Amendment for Additional Work
If you anticipate tasks beyond the initial scope—such as handling federal estate tax returns or disputes—request a written amendment to your engagement letter. This ensures clear expectations and transparent billing.
Helpful Hints
- Keep copies of all agreements and invoices to track billed tasks.
- Request status updates tied to specific milestones in the probate process.
- Ask for a fee estimate for large transactions or tax filings.
- Confirm which tasks your attorney handles directly versus those sent to specialists.
- Clarify who pays for third-party costs (appraisers, publication fees, court costs).
- Inquire about flat-fee packages for straightforward or small estates.