Detailed Answer
When you sign an initial probate representation agreement with an attorney in Kentucky, you commit to certain services in exchange for a retainer and fees. To determine which tasks the lawyer will handle, follow these steps.
- Review the written retainer agreement. Kentucky Rules of Professional Conduct 1.5 require that attorneys memorialize fee arrangements in writing. Your agreement should list specific services. If it does not, ask your lawyer for a clear scope.
- Identify standard probate tasks. A comprehensive estate administration typically includes filing the will and petition (KRS Chapter 396), serving notice on heirs and creditors, collecting assets, preparing inventories, paying debts, and filing final accountings. Confirm that these appear in your engagement letter.
- Note exclusions and additional work. Contested matters—such as will contests, creditor disputes, tax litigations, guardianship petitions, or appeals—often fall outside an initial retainer. The agreement should state if these tasks trigger extra fees.
- Clarify communication responsibilities. Confirm how your attorney will keep you updated. Good practice includes regular status letters or calls. Define frequency in the retainer.
- Discuss fee structure and billing rates. Kentucky lawyers must disclose hourly rates or flat-fee terms. Some charge a percentage of the estate under KRS 395.020. Ask if the retainer covers court costs and third-party fees.
- Amend scope in writing. If you need extra services, request a written addendum. This prevents misunderstandings and preserves fee transparency under the Kentucky Rules of Professional Conduct.
Helpful Hints
- Ask for a sample engagement letter before you hire an attorney.
- Compare cost estimates from multiple probate attorneys.
- Keep a file of all retainer documents, invoices, and correspondence.
- Bookmark the Kentucky Revised Statutes online for easy reference.
- Request plain-language summaries of any legal jargon.
- Review your agreement every six months if probate drags on.
Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney to discuss your specific situation.