[WSBAPT] (no subject)

[Rob Wilson-Hoss]

A month or so I posted a question about taking costs and fees to deal with a
problem (intransigent)  heir out of his share of the Estate distributions.
There seemed to be no cases, just the obvious TEDRA language about awarding
fees equitably. 

 

See today's Div III unpublished (but citable now) In re Estate of Miller,
which says,

 

 

Bill argues that the trial court erred in assessing the costs incurred by
the estate against his share of the inheritance. That was a common, and
totally appropriate, action for the judge to make. There was no abuse of the
trial court's discretion. By statute, the judge is authorized to assign
costs of estate administration, including litigation expenses. RCW
11.96A.150(l)(c) provides in part that the court may order the costs,
including reasonable attorneys' fees, to be paid in such amount and in such
manner as the court determines to be equitable. In exercising its discretion
under this section, the court may consider any and all factors that it deems
to be relevant and appropriate, which factors may but need not include
whether the litigation benefits the estate or trust involved. The statute
squarely recognizes that trial judges have discretion in their authority to
act equitably. Accordingly, the appellate courts consistently have reviewed
attorney fee awards under the Trust and Estate Dispute Resolution Act
(TEDRA), chapter 11.96A 3 No. 34226-3-III In re Estate of Miller RCW, for
abuse of discretion. See, e.g., In re Guardianship of Lamb, 173 Wn.2d 173,
198,265 P.3d 876 (2011) ("The express language ofRCW 11.96A.150 leaves
attorney fee awards in cases resolving guardianship disputes to the court's
discretion. The statute allows a court considering a fee award to consider
any relevant factor."); In re Estate of Black, 153 Wn.2d 152, 173, 102 P.3d
796 (2004). Discretion is abused when it is exercised on untenable grounds
or for untenable reasons. State ex rel. Carroll v. Junker, 79 Wn.2d 12, 26,
482 P.2d 775 (1971).

Well, now. That works for me. Bill also got dinged for attorney fees on
appeal. 

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

 

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