MATTER OF KLEIN


285 A.D.2d 718 (2001)

726 N.Y.S.2d 814

In the Matter of the Estate of JOSEPH KLEIN, Deceased. EARL M. BUCCI, Appellant; RICHARD H. JACOBS, as Executor of JOSEPH KLEIN, Deceased, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 5, 2001.


Carpinello, J.

On June 5, 1999, petitioner, an attorney, was in possession of decedent's last will and testament (the dispositive provisions of which consisted of half a page) when he was contacted by respondent, the designated executor, and retained to probate the will. There was no discussion about petitioner's legal fee at that time. Over the next several days, petitioner prepared a probate petition, affidavits of attesting witnesses, the requisite notices of probate...

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