Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When you hire an attorney for probate matters in Massachusetts, the initial probate representation agreement defines which tasks fall within your attorney’s scope of work. This agreement lays out the services your attorney will handle without additional fees beyond the agreed rate or retainer.
Common tasks covered under an initial probate representation agreement include:
- Filing the petition for informal probate and appointment of a personal representative under M.G.L. c.190B §3-301.
- Notifying heirs and beneficiaries as required by M.G.L. c.190B §3-703.
- Publishing informal notice to creditors in a local newspaper, per M.G.L. c.190B §3-708.
- Collecting and safeguarding estate assets, and preparing an inventory under M.G.L. c.190B §3-701.
- Preparing and filing accountings and final distributions pursuant to M.G.L. c.190B §3-715.
Attorneys often exclude complex litigation or contested matters from the initial engagement. Examples of tasks that usually require a separate agreement or additional fees include:
- Will contests or beneficiary disputes.
- Formal accounting hearings or creditor litigation.
- Tax audits or estate tax return preparation beyond standard filings.
- Trust modifications or guardianship proceedings.
To determine exactly which services are covered, review your written engagement letter. It should list specific services included and identify tasks considered extra work. Ask your attorney to clarify any ambiguous items before you sign.
Helpful Hints
- Read the engagement letter carefully. Highlight all listed services and exclusions.
- Confirm billing rates and retainer application. Understand when fees exceed the retainer.
- Request a list of attorney and paralegal time charges to track your case costs.
- Ask about flat fees vs. hourly rates for certain probate tasks.
- Get clarity on how the attorney handles communication and updates.