Surrogate John Czygier Jr.
Petitioner moved for partial summary judgment in this contested accounting proceeding, and an order fixing legal fees at $32,568.75. Petitioner also sought an order directing decedent’s two children, Joseph and Gina, to reimburse the estate sums necessary to satisfy unpaid administration expenses. Both children filed objections to the underlying accounting contending excessive legal fees and claiming distributions of estate assets were made before settlement of estate claims. Petitioner’s attorney argued a fair amount of time was spent collecting non-testamentary assets for the estate’s two beneficiaries, conceding that no separate retainer agreement was entered into between his firm and the beneficiaries. The court ruled as there were no distributions of the estate to Joseph, and as any payment of the administration expenses may effectively extinguish the residuary estate, petitioner could not seek reimbursement from him. Also, attorney time records show time was spent performing work for which, under the terms of the retainer agreement, the attorneys could not seek reimbursement, including work for the beneficiaries with whom there was no retainer agreement. The court approved petitioner’s legal fees in a reduced amount of $6,500.
