[WSBAPT] attorney fee award under 11.96A.150

[CHRISTOPHER CONSTANTINE]

            Three cases provide a good starting point on this issue.  See
Burmeister v. State Farm, 70 Wn. App. 532, reversed on other grounds, 124
Wn. 2d 282; Estate of Kvande v. Olsen, 74 Wn. App. 65, review denied, 124
Wn. 2d 1021; and Estate of Niehenke, 117 Wn. 2d 681.  If the litigation
affects the interests of unrepresented parties, the court can deny fees.  If
all interested persons are represented, the court may award fees. However
"[w]here both sides to a contest over distribution advance reasonable and
good faith arguments, the trial court may properly assess attorneys' fees
against the estate rather than against the parties personally."  Estate of
Kvande v. Olsen, 74 Wn. App. 71.

Chris Constantine

Of Counsel, Inc. PS

P. O. Box 7125

Tacoma WA 98417-0125

(253) 752-7850

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Thursday, February 25, 2016 1:06 PM
To: wsba probate & trust
Subject: [WSBAPT] attorney fee award under 11.96A.150

 

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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