Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Detailed Answer
1. Review Your Written Fee Agreement
Under Illinois Supreme Court Rule 1.5(f), every attorney must provide a written fee agreement that clearly defines the scope of services. This document—often called an engagement letter—lists tasks the lawyer will perform and those excluded. Begin by locating the section titled “Scope of Representation” or “Services Included.”
2. Identify Core Probate Tasks
In a standard initial probate engagement, attorneys typically handle:
- Reviewing the decedent’s will and related documents.
- Preparing and filing the petition for probate or letters of administration (755 ILCS 5/2-1).
- Obtaining Letters of Office from the court.
- Notifying beneficiaries and creditors.
- Gathering and valuing estate assets.
- Maintaining estate accounting and bank accounts.
3. Spot Excluded or Extra Services
Engagement letters often carve out complex or litigated matters. Common exclusions include:
- Contested will proceedings or will-contest litigation.
- Trust administration or guardianship appointments separate from probate.
- Federal and state estate tax return preparation.
- Real estate closings, environmental assessments, or business valuations.
- Post-distribution disputes and appeals.
4. Consult Relevant Statutes and Rules
Although probate procedure is governed by the Illinois Probate Act (755 ILCS 5), the engagement rules come from the Illinois Supreme Court Rules. Rule 1.5(f) requires clarity on scope and fees. If your agreement is vague, ask the attorney to amend it in writing.
5. Seek Clarification Early
If any task is missing or you need additional services, request an addendum to your engagement letter. Make sure it specifies the new tasks, the attorney’s hourly rate or flat fee, and any applicable retainer amount. Clear documentation reduces surprises and billing disputes.
Helpful Hints
- Read your engagement letter carefully before signing. Look for “Scope” and “Exclusions” sections.
- Verify that required tasks such as filing the petition and obtaining Letters of Office are included.
- Ask for a task list in plain language if legal jargon is confusing.
- Note deadlines for creditor notices and inventory filings under 755 ILCS 5/4-1.
- Keep copies of all signed agreements and amendments for your records.
- Discuss billing intervals—monthly invoices vs. completion milestones—to monitor costs.