Probate - General

In accordance with Superior Court, Probate Division Rule 308, both are entitled to reasonable compensation for services rendered. A fee petition must be filed.

The threshold date for payment of fees is the date of the guardian’s and/or conservator’s appointment.

Sullivan v. DC, 829 A.2d 221 (DC 2003), pages 228-229

Yes. A guardian who is an attorney may file a petition for reasonable attorney’s fees for preparing pleadings filed with the Court and for other necessary legal services rendered.

Yes, if the Court finds the Petition for a General Proceeding to be meritorious and approves the request. The request must be approved by the Court before the fees are reimbursed. Failure to obtain prior Court approval could result in removal. It is recommended that a petition for compensation completed by counsel accompany any petition for approval of such an expenditure.

In re Randolph Brevard, Sr., 2011 INT 44, 8-5-11 order; In re Leon M. Stanard, 2011 INT 20, May 26, 2011 order

Yes, if you file a petition for reimbursement, and the expenses are approved by the Court.

Yes, the Court may, in its discretion, approve compensation for mileage within the Washington, DC, Metropolitan area if the claim is reasonable. Travel time and mileage must be detailed separately in the petition for compensation and cannot be included in the service rendered at the destination. The date, time, distance traveled, location, and the purpose of the travel must be stated. The Court rate for mileage is currently 51 cents per mile, the rate paid to attorneys on the CCAN and CJA panels.

Travel time and mileage to and from Court is not compensated in accordance with the practice in CCAN and CJA cases.

See In re Brenda J. Wilson and In re Irene Mason, 139 WLR 2753 (DC Superior Court, December 27, 2011); In re Alice Bush, 2008 INT 286, 2-3-12 order; In re Fred T. Darson, 2011 INT 328, 1-12-12 order; In re Robert Washington, 2008 INT 79, 1-12-12 order; In re Ruby McDougald, 2008 INT 63, 1-12-12 order

Yes, the Court may, in its discretion, approve compensation for ordinary travel time within the Washington, DC, Metropolitan area if the claim is reasonable. Travel time must be detailed separately in the petition for compensation and cannot be included in the service rendered at the destination. The date, time, distance traveled, location, and the purpose of the travel must be stated. Travel time must be in tenths of an hour. Travel time from an office outside the Washington, DC, Metropolitan area may not be compensable.

It depends upon your relationship to the case and what you are asking the guardian to do. If the minor’s money is needed for care of the minor and you are the caretaker of the child, petition the Court to approve the expenditure. However, be advised that the Court will wish to know that the expenditure is in the best interests of the child in the view of the guardian.

If assets are discovered after a final order has issued, a supplemental petition for small estate proceeding and written verification of those newly found assets must be filed. If the amount discovered increases the estate assets over $40,000.00, then a petition for probate for a large estate must be filed.