§ 851.40 — Basis for attorney fees.

Wisconsin § 851.40

• Jurisdiction: Wisconsin
• Ch. 851: Probate — definitions and general provisions
• Subch.: subch. II of ch. 851 SUBCHAPTER II

Text

851.40
851.40(1) (1) Any attorney performing services for the estate of a deceased person in any proceeding under chs. 851 to 879 , including a proceeding for informal administration under ch. 865 , shall be entitled to just and reasonable compensation for such services.
851.40(2) (2) Any personal representative, heir, beneficiary under a will or other interested party may petition the court to review any attorney’s fee which is subject to sub. (1) . If the decedent died intestate or the testator’s will contains no provision concerning attorney fees, the court shall consider the following factors in determining what is a just and reasonable attorney’s fee:
851.40(2)(a) (a) The time and labor required.
851.40(2)(b) (b) The experience and knowledge of the attorney.
851.40(2)(c) (c) The complexity and novelty of the problems involved.
851.40(2)(d) (d) The extent of the responsibilities assumed and the results obtained.
851.40(2)(e) (e) The sufficiency of assets properly available to pay for the services, except that the value of the estate may not be the controlling factor.
[Cross-reference: 851.40 Cross-reference Cross-reference: See s. 865.16 (1m) review of attorney fees by the probate registrar.]

Legislative History

851.40 History History: 1975 c. 329 ; 1993 a. 490 .