Detailed Answer
When you hire an attorney for initial probate representation in Idaho, the engagement letter should spell out exactly which services the attorney will perform and which tasks require a separate agreement. Idaho law requires that fee agreements define the scope of representation (Idaho Rule of Professional Conduct 1.5(b)). Understanding common inclusions and exclusions helps you avoid unexpected bills.
Definition of an Initial Probate Representation Agreement
An initial probate representation agreement (often called an engagement letter) is a written contract between you and your attorney. Under Idaho Rule of Professional Conduct 1.5(b), it must describe the legal services covered, the fee structure (hourly, flat fee, retainer), and any responsibilities you must fulfill.
Common Tasks Included in Initial Probate Agreements
- Review of the decedent’s will and related estate planning documents.
- Preparation and filing of the Petition for Probate with the court (Idaho Code § 15-3-102).
- Notice to heirs and beneficiaries, including service by mail and publication (Idaho Code § 15-3-201).
- Application for and receipt of Letters Testamentary or Letters of Administration.
- Preparation and filing of a bond, if the court requires one.
Tasks Often Excluded from Initial Agreements
- Preparing or filing the Inventory and Appraisement (Idaho Code § 15-3-701).
- Ongoing estate administration, such as managing investments or real estate.
- Handling creditor claims or defending against lawsuits.
- Preparing interim or final accountings (Idaho Code § 15-3-903).
- Distributing assets to heirs or beneficiaries (Idaho Code § 15-3-1201).
How to Confirm Your Scope of Work
1. Request a written engagement letter that lists each service.
2. Review the description line by line and ask your attorney to clarify any ambiguous terms.
3. If you need additional services, ask for a limited-scope addendum under Idaho Rule of Professional Conduct 1.2(c).
4. Compare fees: confirm whether tasks beyond the initial scope incur additional charges or require a new flat fee.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Idaho attorney for legal guidance tailored to your situation.
Helpful Hints
- Keep your engagement letter accessible and review it before every meeting.
- Ask for status updates in writing to confirm completed tasks.
- Clarify billing increments (e.g., six-minute units vs. hourly).
- Request explanations for any unfamiliar legal terms.
- Obtain a second opinion if you feel scope or fees aren’t clear.