Surrogate Rita Mella
Beneficiary Frey's counsel, Herzfeld & Rubin, sought to have its legal fees fixed by the court for services rendered to Frey on matters related to her interest in her mother's estate. Executor Bass did not object to the requested relief, but contended the fees were to be charged to Frey's share of the estate. H&R were engaged by Frey to assist in her claims against the estate, which led to Frey receiving emergency and regular distributions, and personal property from the estate she was unable to obtain before retaining counsel. Counsel argued that since it successfully obtained relief requested by Frey it was unable to reach her, and their fees remained unpaid. The court stated that in pursuing her claims, Frey did not seek to benefit or enlarge the estate, but to secure her legacy, finding H&R was able to persuade Bass that Frey's portion should be released. It stated if fees were billed to the estate, Bass' portion would be reduced despite having no part in and not being able to benefit from H&R's retention. The court noted Frey was the only party benefitting from H&R's actions, and there was no reason to charge the estate for counsel's services. Hence, it fixed the fees at $30,467.42 to be paid from Frey's portion of decedent's estate.
