Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Maryland, probate attorneys outline their services in an initial representation agreement (often called an engagement letter). To determine which tasks are covered, follow these steps:
- Review the Scope Clause: Under the Maryland Lawyers’ Rules of Professional Conduct Rule 1.4, your attorney must clearly describe the scope of representation. Look for a list of tasks the lawyer agrees to perform.
- Identify Common Included Tasks: Most initial agreements cover basic probate administration, such as:
- Filing the will and petition for probate with the Register of Wills (Md. Code, Est. & Trusts § 5-102, link).
- Notice to beneficiaries and creditors under Md. Code, Est. & Trusts § 7-101 et seq. (link).
- Preparing and filing an inventory and appraisal with the Register of Wills.
- Handling routine court filings and correspondence with interested parties.
- Note Typical Exclusions: Many agreements exclude specialized or post-probate work. Examples include:
- Complex tax planning or IRS filings.
- Real estate closings and title searches.
- Contested matters, such as will contests or creditor claims disputes.
- Trust administration after the estate closes.
- Request Amendments for Additional Services: If you need services beyond the initial scope, ask for a written amendment. Under Rule 1.5(b), fee agreements for extra work must be in writing.
- Confirm Fee Structure and Expenses: Make sure the agreement states whether fees are hourly, flat, or contingent. Also verify which out-of-pocket expenses (filing fees, appraisals, publication costs) you will pay.
Helpful Hints
- Ask your attorney to highlight exclusions in plain language.
- Keep a copy of the engagement letter and any amendments.
- Use a task list to track work against the agreement.
- Compare sample engagement letters from multiple attorneys.
- Request regular billing statements and progress updates.