The Notice Regarding Attorney Fees (PC 576) form is a mandatory form for when an attorney has been retained or hired by the probate personal representative. What does this form mean though? Let’s go through the form. After filling in your county and file number, court address and phone number, we are on our way to understanding this form a little better.
The first part of the form you’ll need to enter information on now is in regards to the estate. Who is this the estate of? Pretty easy to fill that out! Now let’s go to the next part. The next section is for the eyes of all affected interested persons. The verbiage reads as follows:
1. The attorney named below has been retained to provide services on behalf of the personal representative of this estate. A copy of the agreement for payment of attorney fees is attached for your information.
2. The attorney will send a statement for services to the personal representative before payment is made. The statement shall include time records consisting of the identity of the person performing the services, the date the services were performed, the amount of time spent performing the services, and a brief description of the services. You have the right to copies of all statements and can request them from either the attorney or the personal representative.
3. The attorney fees will be paid monthly. quarterly. other .
(This is a section where you check in “monthly,” “quarterly,” or “other”)
4. You have the right to object to the attorney fees at any time before the probate court allows the fees.
5. If you want to make an objection it must be made in writing or at a hearing. See below for directions on written objections.
• If this is a supervised administration, a written objection must be filed with the probate court along with a $20.00 filing fee. You may file your objection by mail or in person at the above court address. A copy of the written objection must also be sent to either the personal representative or attorney named below. If you want a hearing on your objection, you must file a motion with the court requesting a time and date for the hearing. You must notify all interested persons of the hearing time and date.
• If this is an unsupervised administration, a written objection must be filed with the probate court along with a $20.00 filing fee. You may file your objection by mail or in person at the above court address. A copy of the written objection must also be sent to either the personal representative or attorney named below. The court will not hold a hearing on your objection unless you or another person request one. To request a hearing you must file a petition for a formal proceeding with the probate court along with a $20.00 filing fee. A copy of the petition must also be sent to either the personal representative or the attorney named below.
Darren Findling of The Probate Pro explains what the entire form means, as well as what court rulings and legislature support the creation of this form.
It’s important that you know your rights when an attorney is involved. As an interested party, you may lack an understanding of what’s going on in the administration. This form gives you more information, and you should demand for this. If you or someone you know is in need of probate or medicaid legal services, call The Probate Pro today at (833) PROBATE. Our legal team is ready to help you in Michigan, Illinois and Florida today.