Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Kansas for guidance tailored to your situation.
Detailed Answer
When you retain an attorney for probate matters in Kansas, the initial probate representation agreement (often called an engagement letter or fee agreement) should clearly define the scope of services. Kansas Rules of Professional Conduct (KRPC) require lawyers to communicate the scope of representation and the basis or rate of their fees in writing. Here’s how to determine which tasks are included:
- Review the engagement letter: The agreement should list specific tasks the attorney will perform. Commonly covered tasks include:
- Preparing and filing the petition to open probate (K.S.A. 59-2201 et seq.)
- Drafting and serving notice to heirs, beneficiaries, and creditors (K.S.A. 59-2234)
- Collecting and safeguarding estate assets
- Preparing an inventory and appraisement (K.S.A. 59-2238)
- Preparing and filing accountings with the court (K.S.A. 59-2239)
- Assisting with distribution of assets and closing the estate (K.S.A. 59-2241)
- Consult the Kansas Rules of Professional Conduct: Under KRPC Rule 1.5(b), attorneys must define the scope of representation. If the written agreement is vague, ask your attorney to amend it to specify which probate tasks are included and which tasks (e.g., contested will disputes, business valuations, tax compliance beyond standard filings) will incur additional fees. You can review the full rules here: KRPC Rules.
- Identify routine vs. non-routine tasks: Routine probate generally covers filing paperwork, mailing notices, basic asset collection, and distributions. Complex services—such as contested hearings, forensic accounting, or ancillary probate in another state—often fall outside the initial agreement unless specifically listed.
- Ask for an itemized fee schedule: Attorneys frequently charge hourly rates or flat fees. An itemized schedule breaks down the cost for covered tasks and alerts you to potential extra charges if you request services beyond the initial scope.
- Request periodic updates: Good communication helps you track which tasks have been completed under the initial agreement. If new issues arise, request a written amendment to your engagement letter to avoid surprise fees.
By carefully reviewing and clarifying your engagement letter against Kansas statutes (see chapter 59 of the Kansas Statutes: K.S.A. Ch. 59), you can ensure you understand which probate tasks are covered under your initial agreement.
Helpful Hints
- Request a clear, written list of services and fees before signing.
- Confirm which court filings are included and which require extra fees.
- Discuss how the attorney bills for administrative tasks (phone calls, emails, copying).
- Ask about handling unexpected issues like will contests or claims objections.
- Keep copies of all engagement letters and amendments.
- Review probate timelines under K.S.A. 59-2234 (notice periods) to anticipate deadlines.