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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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A lot depends on location as to what would be the cost for an Attorney. The large law firms in the mega metro areas could cost $500 or more, some times the para-legals will do some of the work thus their hourly rate is less.
Attorneys in small towns or one person offices could charge less. It depends on what you are comfortable with. I wanted a large law firm which had numerous Elder Law Attorneys just in case the one I was using left the firm.... another could step right into that spot. The larger firms rarely close up shop.
Some attorneys charge a flat fee for doing a case, others can charge by the hour.
And as Katie above pointed out, inheritors fighting over the estate? That happened with my mother's parents estate. It went into probate [no Revocable Trust existed back then] and an immediate relative was upset that she was getting less than other immediate heirs. That probate dragged out for 10 years because that relative kept hiring new attorneys for herself and they had to start from square one. She didn't get a dime more and used up her inheritance on attorney fees :P
The percentage cost is charged by the Probate Court for the net worth. Maybe the attorney has that as part of the estimate, which then would make sense of the cost. Ask the attorney to break down the estimate.
There would be a higher cost if the Attorney had to list all the furniture, cars, bank accounts, stocks/bonds, value of the house, coin collections, gold pieces, stamp books, etc.
I had avoided that because my Dad had a Revocable Trust where most of those items were placed, thus not taxable. Unfortunately my Dad never transferred bank accounts or stock to the Trust, so those items are in Probate, and are taxable [it may differ from State to State]. Thank goodness I had Dad transfer his stock to one broker instead of having it scattered everywhere. Same with his bank accounts. My gosh why so many banks? Must have been free toaster and glassware giveaways :P
My attorney first estimated 2-4% of the amount probated.
My mothers estate was very easy - almost everything had beneficiaries named and only one investment account and some loose cash was probated. Also - the inventory that freqflyer mentions - in Oregon that step can be skipped if all beneficiaries sign a legal doc agreeing to it. It doesn't matter if there are a few things or hundreds. Check with your attorney if your state allows that and also if the other beneficiaries will agree to it. It can save significant time and therefore money with an attorney- not to mention the time it takes the court to review the inventory and sign off on it. In Oregon an executor or personal representative- as they are referred to here must attend a class regarding their duties before a judge will sign off in their appointment. This was the only fact I learned during that class that I didn't already know. This tidbit came in the last ten minutes of a tedious two hours but in terms of the money it saves the estate - it made it all worthwhile.
But bottom line - I ended up paying a little over $2,000 for the attorney probating just under $500,000. But again - my moms estate was in order, easy and no issues at all. Still - your attorney sounds a little high to me. Maybe it's the area where you live?
I wanted to add that roughly another $1,000 was spent on misc costs related to probate such as count filing fees and a three week run of a required death notice in a local newspaper- required here to make the death public in case someone wanted to file a claim against the estate. Maybe your attorney is giving you one lump figure. Adding that in I paid a little over $3,000 which is a little closer to the percentage of your guys estimate but still not as high.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
The going rate is $250 per hour. It all depends on the work involved.
Attorneys in small towns or one person offices could charge less. It depends on what you are comfortable with. I wanted a large law firm which had numerous Elder Law Attorneys just in case the one I was using left the firm.... another could step right into that spot. The larger firms rarely close up shop.
Some attorneys charge a flat fee for doing a case, others can charge by the hour.
And as Katie above pointed out, inheritors fighting over the estate? That happened with my mother's parents estate. It went into probate [no Revocable Trust existed back then] and an immediate relative was upset that she was getting less than other immediate heirs. That probate dragged out for 10 years because that relative kept hiring new attorneys for herself and they had to start from square one. She didn't get a dime more and used up her inheritance on attorney fees :P
There would be a higher cost if the Attorney had to list all the furniture, cars, bank accounts, stocks/bonds, value of the house, coin collections, gold pieces, stamp books, etc.
I had avoided that because my Dad had a Revocable Trust where most of those items were placed, thus not taxable. Unfortunately my Dad never transferred bank accounts or stock to the Trust, so those items are in Probate, and are taxable [it may differ from State to State]. Thank goodness I had Dad transfer his stock to one broker instead of having it scattered everywhere. Same with his bank accounts. My gosh why so many banks? Must have been free toaster and glassware giveaways :P
My mothers estate was very easy - almost everything had beneficiaries named and only one investment account and some loose cash was probated. Also - the inventory that freqflyer mentions - in Oregon that step can be skipped if all beneficiaries sign a legal doc agreeing to it. It doesn't matter if there are a few things or hundreds. Check with your attorney if your state allows that and also if the other beneficiaries will agree to it. It can save significant time and therefore money with an attorney- not to mention the time it takes the court to review the inventory and sign off on it. In Oregon an executor or personal representative- as they are referred to here must attend a class regarding their duties before a judge will sign off in their appointment. This was the only fact I learned during that class that I didn't already know. This tidbit came in the last ten minutes of a tedious two hours but in terms of the money it saves the estate - it made it all worthwhile.
But bottom line - I ended up paying a little over $2,000 for the attorney probating just under $500,000. But again - my moms estate was in order, easy and no issues at all. Still - your attorney sounds a little high to me. Maybe it's the area where you live?