Late discovery of no signed letter of agreement by PR while scrutinizing final bill from estate attorney
Asked in Perry Hall, MD on March 10, 2026 Last answered on April 13, 2026With late discovery by PR and admission of estate attorney, no signed letter of agreement exists: would quantum meruit apply? What must be done? Estate attorney pressure tactics to PR’s to sign consent to pay by 3/13/26 or they will withdraw and file with court for payment. Beneficiaries want estate closure and are willing to pay fees despite 6x’s meruit value. PR concerned with fiduciary breach consequences.
1 answer
Although it is strongly recommended to have a signed letter of engagement to avoid future misunderstandings regarding fees, it is not required in Maryland. The absence of a written engagement agreement does not mean that the attorney does not get paid. In probate matters in Maryland, all attorneys' fees must be appoved by the Orphan's Court prior to the attorney getting paid. Absent a valid signed Consent to Pay Fees, the attorney must file a Petition for Counsel Fees, along with an Invoice, requesting payment for work performed on behalf of the estate, which must be reasonable based on the circumstances and the issues involved in the estate.
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