New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 2110. Compensation of attorneys




1. At any time during the administration of an estate and irrespective of the pendency of a particular proceeding, the court is authorized to fix and determine the compensation of an attorney for services rendered to a fiduciary or to a devisee, legatee, distributee or any person interested or of an attorney who has rendered legal services in connection with the performance of his duties as a fiduciary or in proceedings to compel the delivery of papers or funds in the hands of an attorney.

2. The proceeding shall be instituted by petition of a fiduciary of the estate or a person interested or an attorney who has rendered services.  The court may direct payment therefor from the estate generally or from the funds in the hands of the fiduciary belonging to any legatee, devisee, distributee or person interested.

3. In any event that any such attorney has already received or been paid an amount in excess of the fair value of his services as thus determined the court is authorized to direct him to refund the excess.

4. In any proceeding under this act or the estates, powers and trusts law in which the court determines the compensation of an attorney, the court shall consider the time and value of services performed by a person who is not an attorney, provided such services are performed under the supervision of an attorney and would, if performed by an attorney, be considered by the court in determining the attorney's compensation.





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