[WSBAPT] attorney fee award under 11.96A.150

[Eric Nelsen]

Krista--The court can order anybody involved to pay fees, including the PR personally. In your scenario I would argue that the PR has breached a fiduciary duty of diligence, and should pay the attorney fees personally rather than the fees coming out of the estate.

In my pleadings I have usually frame the question for the court as: "Someone should pay my client's attorney fees under the statute. My client is an innocent party who has been forced to bring legal action in order to enforce her rights, and it is not fair for her to have to pay fees to receive what is hers by right. The other beneficiaries of the estate have had no part in depriving my client of her rights, and the residuary Estate should not be taxed with the fees. The PR, on the other hand, has breached her fiduciary duties to diligently settle this estate and pay the specific bequest as required under the Will that the PR has an affirmative duty to follow. Under these circumstances, it would be unfair to my client not to award fees. The PR should pay my client's attorney fees."

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



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<mailto:kjm.inc at mac.com>

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