A guardian of an estate may agree to convey a contingent interest in recovered property for attorney services, but court approval is required and the share generally cannot exceed one-third unless the court approves more.
Sec. 1155.053. COMPENSATION FOR SERVICES TO RECOVER PROPERTY. (a) Subject only to the approval of the court in which the estate is being administered and except as provided by Subsection (b), a guardian of an estate may convey or contract to convey a contingent interest in any property sought to be recovered, not to exceed one-third of the property for services of attorneys. (b) A guardian of an estate may convey or contract to convey for services of attorneys a contingent interest that exceeds one-third of the property sought to be recovered under this section only on the approval of the court in which the estate is being administered. The court must approve a contract entered into or conveyance made under this section before an attorney performs any legal services. A contract entered into or conveyance made in violation of this section is void unless the court ratifies or reforms the contract or documents relating to the conveyance to the extent necessary to cause the contract or conveyance to meet the requirements of this section. (c) In approving a contract or conveyance under Subsection (a) or (b) for services of an attorney, the court shall consider: (1) the time and labor that will be required, the novelty and difficulty of the questions to be involved, and the skill that will be required to perform the legal services properly; (2) the fee customarily charged in the locality for similar legal services; (3) the value of property recovered or sought to be recovered by the guardian under this section; (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 be performing the services. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.