Surrogate Rita Mella
Nominated executor, Hamada’s attorney, Verma, sought an order fixing her fees at over $250,000, as well as costs, attorney fees, and pre- and post- judgment interests, to be paid from a revocable trust. The court noted Hamada, individually, paid Verma $82,000, which the attorney claimed were for services allegedly benefitting decedent’s estate. Objections were filed by the Attorney General, and Citibank, the sole trustee of both the revocable and charitable trusts. The court noted the fees Verma sought were for representation of Hamada for less than six months. It found Verma’s time records were replete with charges for non-legal work, and work unrelated to administration of either decedent’s estate or the two trusts. The court stated Verma’s work in obtaining preliminary letters and obtaining a probate decree were “under circumstances that were far from complicated.” Thus, it denied her motion, stating the fees she received from Hamada covered more than reasonable compensation, and fixed her fees at zero. Citibank sought sanctions against Verma for alleged frivolous conduct. The court stated while Verma “demonstrated a clear want of understand,” sanctions would not advance a punitive or prophylactic purpose, denying same.
