[WSBAPT] attorney fee award under 11.96A.150

[Krista MacLaren]

Dear Listmates,

There is case law, which I believe is still good, that says it is inappropriate to assess fees against an estate when the litigation benefited only certain rival beneficiaries to the estate because it would unjustly penalize the beneficiaries not involved in the litigation.  

Does this mean that a petitioner who is the recipient of a specific bequest should not request attorney fees when she is having to bring an action against the estate to pay the specific bequest, because it would harm residual beneficiaries?  Or is it fine to make the request and force the respondent to say it is improper?

thanks!

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com

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