Justice Leonard Austin
Askin died in 1997 survived by daughter Glenn Askin (Glenn), son Neil Zachary, and her grandchildren. Massachusetts resident Glenn became the estate’s executor. She retained Massachusetts-based law firm Choate Hall to render legal services. Glenn’s executor’s report sought permission to pay Choate Hall $131,312 in fees and $12,549 in unpaid costs. Objections by Zachary and the grandchildren, were settled under a 2010 stipulation under which Choate Hall sought $161,557, $133,079 represented fees, expenses and services through May 31, 2003. Relying on Judiciary law §470 the Surrogate’s Court held it could not fix the legal fees due an out-of-state law firm. It also required Choate Hall to return the $133,079 it had been paid. Second Department ruled Surrogate’s Court held jurisdiction to determine the amount of legal fees due an out-of-state law firm representing an estate’s executor, and that it should have directed only that Choate Hall refund the fees exceeding what the court determined to be the fair value of Choate Hall’s services to Askin’s estate under Surrogate’s Court Practice Act 2110. Thus Choate Hall’s application for $161,557 in legal fees was reinstated to the extent it sought to retain the $133,079 already paid by the estate.
