Rule SLR 9.091 - ATTORNEY FEES AND FIDUCIARY FEES IN PROBATE MATTERS; APPROVAL(1) Attorney fee and fiduciary expenses under ORS 116.183 and 125.095 must be approved by the court. All attorney fee and fiduciary expenses under ORS 116.183 and 125.095 which are to be paid out of the decedent's or protected person's estate, must so state and be pre-approved by the court.(a) Such requests must be accompanied by an itemized affidavit for attorney fees and fiduciary fees, filed in the form required by UTCR 5.080, showing the number of hours expended, the hourly rate charged and a designation of title for each person performing work.(b) In addition to the information required by UTCR 5.080 for a civil action, under this rule the statement also must include a description of normal attorney tasks with hours expended. For extraordinary activities, the statement must also concisely address the following issues to be resolved and the process and time spent on each: (i) For establishing and funding trusts, a brief narrative must identify complexities involved;(ii) For tax planning, describe objectives and activities required;(iii) For tax returns, indicate the number filed and the nature of the returns;(iv) For tax audits and hearings, describe the issues addressed;(v) For disclaimers, describe the circumstances and complexities;(vi) For real estate management problems, include issues regarding compliance with local, state and federal authorities;(vii) Discuss sales of real property;(viii) Discuss operation or sale of business interests;(ix) Discuss management of family-owned corporation or closely held stock;(x) For contested matters, indicate whether they were of benefit to or in defense of the estate;(xi) Discuss election of spouse/marital share;(xii) Discuss disputed creditor's claims.(c) If tasks performed appear to be the duties of a personal representative, the court will question and possibly reduce attorney fee payments for such activities.(2) Consent by the parties to the attorney fee requests shall not waive the requirements of this rule.(3) Corporate Fiduciary Fees: Any request for approval of corporate fiduciary fees in addition to the basic percentage fee allowed pursuant to applicable statute, must be accompanied by an affidavit in compliance with 9.095(1)(a), above.(4) Private Fiduciary Fees: All requests for fiduciary fees (except those from a Personal Representative) shall be supported by an affidavit which details the services provided, the purpose of the services rendered, the results (if applicable), the hourly rate charged by the fiduciary and the reasons that hourly rate is deemed fair and reasonable.Clackamas Supp. L. R. SLR 9.091
Amended effective 2/1/2024.