5. Fee Proceedings. If the matter of fees and costs is submitted to the Court for review or determination at any time, fees and costs shall be billed by and paid to Attorney for such fee proceeding on the same basis as other fees under this Agreement； i.e., billed and paid at least monthly. In addition, attorneys testifying as expert witnesses on the matter of fees shall be entitled to fees at their usual hourly rates, which shall be paid out of the estate. 6. Joint Representation. The parties agree that Attorney represents ________________ in his or her capacity as Personal Representative of the Estate and also in his or her capacity as Successor Trustee of THE ______________ TRUST. The parties understand the potential conflict of interest arising from representation of multiple parties in multiple roles. They understand that if a conflict should ever develop between the multiple clients concerning the Estate or Trust, then Attorney would not be able to represent either of the clients in that conflict. The Personal Representative, Trustee and residuary beneficiaries are encouraged to engage his or her own separate lawyer before signing this agreement if they desire legal advice concerning this Fee Agreement or concerning any other aspect of the probate estate or Trust. Under penalties of perjury, we declare that we have read the foregoing, and the facts alleged are true, to the best of our knowledge and belief. Attorney: ______________________________ Date:_________, 20____ Personal Representative: ______________________________ Date:_________, 20____ Residuary Beneficiary: ______________________________ Date:__________, 20____
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