Texas § ES.351.152 - CONTINGENT INTEREST FOR CERTAIN ATTORNEY'S FEES

§ ES.351.152. CONTINGENT INTEREST FOR CERTAIN ATTORNEY'S FEES

CONTINGENT INTEREST FOR CERTAIN ATTORNEY'S FEES; COURT APPROVAL. (a) A personal representative may, without court approval, convey or enter into a contract to convey for attorney services a contingent interest in any property sought to be recovered, not to exceed a one-third interest in the property. (b) A personal representative, including an independent executor or independent administrator, may convey or enter into a contract to convey for attorney services a contingent interest in any property sought to be recovered under this subchapter in an amount that exceeds a one-third interest in the property only on the approval of the court in which the estate is being administered. The court must approve a contract or conveyance described by this subsection before an attorney performs any legal services. A contract entered into or a conveyance made in violation of this subsection is void unless the court ratifies or reforms the contract or documents relating to the conveyance to the extent necessary to make the contract or conveyance meet the requirements of this subsection. (c) In approving a contract or conveyance under this section, the court shall consider: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill required to perform the legal services properly; (2) the fee customarily charged in the locality for similar legal services; (3) the value of the property recovered or sought to be recovered by the personal representative under this subchapter; (4) the benefits to the estate that the attorney will be responsible for securing; and (5) the experience and ability of the attorney who will perform the services. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782 ), Sec. 23, eff. September 1, 2019.