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Percentage based fee agreements with heirs
and set fees paid by the fiduciary:
There are occasions where each is appropriate. Where only one of several
of the heirs is missing, we can enter into a fee agreement with the heir
whom we locate. In this way, our fee is paid solely by the missing heir
and not by those heirs who are known to the estate. (We often refer in
our office to the Birthday Card Test....if only that missing heir had
sent his dear deceased aunty a birthday card, he wouldn't be missing today!).
Possibly there are no funds available to pay for our services, and the
only way that the heirs will be found is if we enter into fee agreements
with them.
If, however, you have funds available (or the court will make them available)
and you wish to pay us directly when you make distribution to the heirs
whom we have found, we welcome this and can work at a somewhat lower fee
(because we are not at risk of failing to reach an agreement with a reluctant
heir).
What happens when we don't find the missing heirs? We give you a complete
synopsis of our efforts, in affidavit form if you wish, at no charge to
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