New York § 2111 Ex parte application for advance payment of fees of an attorney-fiduciary or guardian ad litem 1

New York Statutes

§ 2111 — Ex parte application for advance payment of fees of an attorney-fiduciary or guardian ad litem 1

New York·Law SCP Surrogate's Court Procedure·Art. 21 Miscellaneous Proceedings

§ 2111. Ex parte application for advance payment of fees of an\n          attorney-fiduciary or guardian ad litem\n  1. At any time during the administration of an estate and irrespective\nof the pendency of a particular proceeding an attorney of this state who\nis a fiduciary, or guardian ad litem may present to the court from which\nhis or her letters or appointment issued a petition praying that he or\nshe be permitted to receive a sum on account of his or her compensation\nfor legal services theretofore rendered to the estate or to the person\nunder disability.  No notice of the application shall be required,\nexcept that in the case of a guardian ad litem notice shall be given to\nany attorney or person who has appeared in the proceeding for which the\nguardian ad litem seeks an allow

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§ 2111. Ex parte application for advance payment of fees of an\n attorney-fiduciary or guardian ad litem\n 1. At any time during the administration of an estate and irrespective\nof the pendency of a particular proceeding an attorney of this state who\nis a fiduciary, or guardian ad litem may present to the court from which\nhis or her letters or appointment issued a petition praying that he or\nshe be permitted to receive a sum on account of his or her compensation\nfor legal services theretofore rendered to the estate or to the person\nunder disability. No notice of the application shall be required,\nexcept that in the case of a guardian ad litem notice shall be given to\nany attorney or person who has appeared in the proceeding for which the\nguardian ad litem seeks an allowance. If the application be\nentertained, the court may award a sum on account of compensation or\nmake such other order, if any, as justice shall require. The total\nexpenses of the application shall be borne by the petitioner personally.\n 2. An attorney who is a fiduciary may take advances on account of\ncompensation for legal services rendered to the estate, without\napplication to the court if he shall have at least one co-fiduciary who\nis not rendering legal services to the estate and all co-fiduciaries\nhave consented to such payment on account or if the instrument under\nwhich the attorney is acting permits him to take such payments on\naccount in advance of the settlement of the account.\n 3. In all cases where any such payment on account of legal services\nhas been taken by an attorney his or her account must disclose the fact\nand the amount of such payment.\n 4. The compensation of an attorney for legal services awarded or taken\nunder this section may include compensation for the time and value of\nservices performed by a person who is not an attorney, provided such\nservices are performed under the supervision of an attorney and would,\nif performed by an attorney, be compensable under this section.\n

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