Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
When you first hire an attorney to handle probate in Maine, you typically sign a written probate representation agreement (retainer agreement). This agreement should clearly describe which tasks the lawyer will perform under the initial fee arrangement. To determine what is covered, follow these steps:
- Review the Scope of Representation: The agreement must outline the scope of work. Common tasks listed under an initial probate retainer include:
- Preparing and filing the petition for probate. See 18-A MRSA §3-301.
- Notifying heirs and beneficiaries.
- Publishing notice to creditors and handling claims. See 18-A MRSA §3-404 (duties of personal representative).
- Gathering the decedent’s assets and preparing an inventory.
- Managing routine correspondence with the probate court.
- Identify Excluded Services: Agreements often carve out tasks not covered under the initial fee, such as:
- Handling complex litigation (e.g., will contests or creditor disputes).
- Preparing federal and state estate tax returns.
- Resolving contested beneficiary claims.
- Real estate closings and sales beyond initial filings.
- Ask for Clarification: If you see broad terms like “all necessary probate services,” ask your attorney to list specific stages or milestones covered by the initial fee. Clear examples:
- “Does this cover the hearing on the petition for appointment?”
- “Are inventory and accounting included?”
- Seek Written Amendments: If you and your attorney agree to add more tasks, ask for an amendment or supplemental agreement. This protects both sides and ensures transparency on additional fees.
- Compare Agreements: Before signing, compare your attorney’s retainer with sample agreements or guidelines from the Maine Board of Overseers of the Bar to ensure it follows the Maine Rules of Professional Conduct on fee agreements.
Helpful Hints
- Read your retainer carefully for “scope of representation” language.
- Keep a list of tasks you believe are included and verify in writing.
- Note deadlines for petitions and inventories under Maine probate law.
- Ask about hourly versus flat fees for additional services.
- Keep copies of all correspondence and billing statements.
- Request regular status updates to track completed tasks.