Surrogate Edward McCarty III
Estate administrator commenced an action to determine legal fees for services rendered to her by Magriples. Administrator argued she was not provided a retainer agreement, but gave counsel a $2,500 retainer. She also claimed to never have been provided a billing statement or an accounting of Magriples’ time. Administrator argued counsel retained over $52,000 of proceeds after the closing on decedent’s residence, and failed to provide a closing statement. Magriples filed an answer setting forth affirmative defenses including a failure to state a cause of action, and filed an affirmation of legal services with time records and a retainer agreement. The court found Magriples’ affirmative defenses were meritless noting it had the authority to fix counsel’s compensation under Surrogate’s Court Procedure Act 2110. It noted time records Magriples submitted showed meetings with the administrator, preparation of the petition, reviews of correspondence and court files, among other things. The court found entries for non-compensable expenses, including those that were secretarial and executorial in nature, as well as for travel time, were disallowed. Hence, it ruled amounts paid in excess of $37,762.02 should be refunded to the estate.
