Fairfax, VA Probate Blog

Sunday, February 9, 2014

Estate Attorney/ Probate Attorney

Estate Attorney

Estate Attorney Defined: An estate attorney is an attorney that administer’s a decedent’s estate. 

Estate Attorney: What does an estate attorney do

The estate attorney is tasked with collecting estate assets, preserving the estate, probating the estate, paying estate expenses, costs, debts and taxes, and distributing estate assets. 

Estate Attorney: Estate attorney as personal representative or counsel

The estate attorney may serve as the decedent’s personal representative or serve as separate legal counsel to the third party personal representative. If the estate attorney serves as the personal representative, the estate attorney’s fees will usually be an hourly rate or certain percentage of probate estate (as established by the Commissioner of Accounts). If the estate attorney is serving as counsel to a personal representative, the estate attorney’s fees are generally hourly.   

Estate Attorney: Expense of Estate

Reasonable Estate Attorney fees, incurred as a result of attorney serving as Counsel,  may be deductible as an expense of the decedent’s estate. The estate attorney’s fees may be deducted if they are reasonable. However, estate attorney fees deductibility is subject to review and approval by the Commissioner’s Office. It is important to consult an Estate Attorney about the deductibility of any estate expense.   

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