Court refuses to allow advanced retainer fee to be paid out of estate funds

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Court refuses to allow advanced retainer fee to be paid out of estate funds

Surrogate Frank Labuda ruled that under SCPA §2110 the court had discretion to award attorney fees from estate funds to pay legal fees for service renderd by consel to the estate fiduciarybut would not allow payment of attorney fees from estate funds for future legal services in this case a retainer fee which asks the court to presuppose those services would be rendered for the estate’s benefit which is not evident at this time in the proceeding. The Surrogate always has the power to determine legal fees for an estate under Surrogate’s Court Procedure Act §2110.

Matter of the Estate of Cirnigliaro,