In many states and in most probate matters, the amount an attorney can charge for his or her services is specified by law as a percentage of the gross value of the estate.
The law of jurisdiction and, in some situations, the judgment of the judge presiding over a case play a role in awarding attorney’s fees. The level of court in which the matter is tried does not always affect the award. Statutory fees may be awarded by a state court in cases involving federal laws or statutes, for example. Fee-shifting refers to the practice of requiring the losing party in a legal action to pay for the legal bills of the winning party.
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