DISCLAIMER: The contents of this article are intended to convey general information only and not to provide either legal advice or opinions. While FairSquare Home Buyers works with a team of attorneys on a regular basis, we are not licensed to practice law, and as such, the contents of this article, as well as the posting and viewing of the information contained within this article, should not be construed as, and should not be relied upon for, legal or tax advice in any particular circumstance or fact situation. No action should be taken in reliance on the information contained within this article, and an attorney should be contacted for advice on specific legal issues. Should you need such a referral, please feel free to reach out to us.
Information Updated: 11-5-2020
Who pays attorney fees in Probate in Kentucky?
Most people think that the Personal Administrator or Executor of the Estate has to pay the fees, but that’s not necessarily the case. In most scenarios, the attorney fees should be paid by the estate assets. With that being said, you could run into some potential problems.
- If the estate has only property and no cash, then there is no cash available to pay an attorney. What do you do in this situation? You could try to find an attorney that does not require a retainer up front. Some are willing to receive payment on the back end. Depending on the size of the estate, this might be possible and then you won’t have to pay them until all the all the assets of the estate have been liquidated. Typically the payment will be a percentage of the estate instead of billing you by the hour.
- The second way option is that the personal administrator or the executor will have to pay money out of pocket to pay the attorney. You need to have legal representation to handle this process. But, the estate can reimburse the Executor once the estate has been liquidated and assets have been sold.
We run across the situation all the time, and if there are any homeowners out there watching this video that are going through this situation and need some assistance, feel free to give us a call. We are here to help in any way we can, even if you are not ready to sell your property yet. There’s no obligation. We can also refer you out to an attorney that specializes in probate. Please reach out to us anytime, we are here to help.