Priest's Estate Leads to Big Fee Battle

When Monsignor Edward Ryle died in December 2005, he left behind a reputation as "God's lobbyist" at the state Capitol, a modest estate and no will.

His extended family hired a private fiduciary to gather, liquidate and distribute the Catholic priest's assets: a downtown condo, a car, some cash and a small pension.

The fiduciary firm estimated the total cost of services would be about $3,000, to be paid out of Ryle's assets. The fiduciary's attorney estimated his fees at up to $5,000.When the bill arrived, it totaled $33,607, more than four times the original estimate, according to the priest's relatives and bills seen by The Arizona Republic, although it eventually was reduced.

Ryle's case is an example of how probate cases can sometimes become far more expensive than families expect when they turn to attorneys and for-profit fiduciaries for help when a relative dies without leaving instructions about their assets.

When people die with no trusts or wills that spell out how an estate should be divided up, the Maricopa County Probate Court may appoint a fiduciary, sometimes at family members' request, as a "personal representative" to sort out the cash and assets.

The fiduciary's fees, and its attorney's fees, can be predictable and modest - or, as in Ryle's case, can be higher than anticipated and anger family members.

Ryle's nephew, Michael Petty, said family members were "absolutely shocked" when the fiduciary's bill arrived in the mail.

"It was the irony that impacted us. Uncle Ed lived his life to defend people who had no voice," Petty said. "That's what he did. Of all people to take advantage of."

Greg DoVico, owner of Southwest Fiduciary, which handled the case, and Southwest's attorney, Jay Polk, said the estate was more complicated than expected and the family was kept informed.

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Maricopa County Probate Court - Priest's Estate Leads to Big Fee Battle