Klenk Law

Serving as an executor of an estate is a time-consuming and arduous task. In addition to the emotional strength required, the executor must be able to quickly digest numerous laws and responsibilities enforced by various bureaucracies and institutions. It’s a monumental task in a foreign field. Fortunately, there is help.

Along with accepting compensation for serving in the role, an executor is strongly encouraged to hire a probate attorney. An experienced probate attorney guides an executor through the process, becomes responsible for most of the difficult tasks, and helps ensure the executor satisfies all of their fiduciary responsibilities.

Probate attorney’s fees in New Jersey are paid out of the estate funds. New Jersey has not applied a statutory formula to the calculation of a probate attorney’s fees. In fact, some judges have suggested attorney’s fees based on a percentage of the estate cannot be imposed. Ultimately, in New Jersey, an appropriate estate attorney’s fee must be “reasonable” based on a multitude of factors.

Factors Used to Determine Reasonable Probate Attorney Fees in New Jersey

The factors that a judge will look at to determine whether or not an estate attorney’s fees are reasonable or unreasonable include:

  1. the amount of the estate and the amount thereof in dispute or jeopardy as to which professional services were made necessary;
  2. the nature and extent of the jeopardy or risk involved or incurred;
  3. the nature, extent, and difficulty of the services rendered;
  4. the experience and legal knowledge required, and the skill, diligence, ability and judgment shown;
  5. the time necessarily spent by the attorney in the performance of his services;
  6. the results obtained;
  7. the benefits or advantages resulting to the estate, and their importance;
  8. any special circumstances, including the standing of the attorney for integrity and skill; and
  9. the overhead expense to which the attorney has been put.

In re Bloomer’s Estate, 117 A.2d 17, 21-22 (App. Div. 1955).

As you can see, various factors influence the propriety of a probate attorney’s fees. A reasonable probate attorney’s fee should be mutually agreed to by the executor and attorney based on the division of work, nature of the estate and experience of the attorney. We will update our blog with examples of cases where probate attorney fees in New Jersey have been challenged and upheld—or reduced—as we find them!

If you have questions about probate fees in New Jersey or any other estate planning concerns contact our office for a free consultation.

What Our clients are saying

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.

Stars

When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...

Stars

AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!

Stars

Great friendly staff

Stars

Tremendous firm with bright, kind and tenacious people. Great representation for our family.

Stars

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Stars

Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!

Stars

Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.

Stars

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

Stars

Answered my question quickly and referred me to a colleague that could handle my problem

Stars

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

Stars

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Stars

Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!

Stars

You & your staff are the best thank you for everything.

Stars

Peter and his staff handled all of our needs in a very professional and timely matter.

Stars

Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

Stars

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Stars

Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.

Stars

Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.

Stars

Surprisingly easy

Stars

Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

Stars

Peter and his associates made things easy for us.

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