This case pertains to the accounting proceeding relative to attorneys fees, accountant’s fee and commissions.
In February 26, 1996, the decedent died leaving a will dated March 9, 1984 which was decreed on May 18, 2004 to which a letters of administration was issued to the Public Administrator on said date. The summary state shows charges to accounting party of P289,650.33 as the Public Administrator’s first and final accounting. The residuary estate under the will was directed to be paid to Diabetes Association of New York, Inc.
The court in its authority and discretion, considers a number of factors in evaluating legal services and other fees. These includes: the time spent, the complexity of the questions ivolved, the nature of the services provided, the amount of litigation required, the amounts involved and the benefit resulting from the execution of such services, the lawyer’s experience and reputation and the customary fee charge by the Bar for similar services. A New York Probate Lawyer said a legal fee must be imposed reasonably taking into consideration the valude of the estate. The attorney(s) services includes: 1) preparation and filing of the petition for temporary letters of adminstration and cross petition for probate and letters of administration together with the acocmpanying affidavits and rquiredancillary documents; (2) preparation and filing of the renunciation of nominated executor and multiple waivers of process and consent to probate for numerous distributees and legatees (3) obtaining the Public Administrator’s fiduciary bond; (4) review of known family information and research as to whereabouts of alleged distributees (5) preparation and filing of an affidavit of heirship (6) arranging for service of process of probate citations and preparation and filing of an affidavit requesting substituted service (7) preparation and filing of proposed probate decree (8) attendance at the probate citation return date (9) preparation of receipt, release and refunding agreement for the hospital, who is a legatee under decedent’s will and conversations with the administrative and legal personnel regarding same (10) preparation and filing of the Public Adminstrator’s final account and the petition for judicial settlement of account (11) arranging for service of accounting citation and ensuring adequate service of same to secure jurisdiciton over all interested parties (12) multiple telephone conferences and correspondence with various attorneys and the Public Administrator of Nassau County and the employees thereof. The said firm likewise handled the sale of the cooperative apartment and charge services in the amount of $1,500.00 for the said purpose.