[WSBAPT] (no subject)

[Paul Neumiller]

Off topic but, did I miss a case or something?  I thought we weren’t supposed to cite unpublished cases.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Tuesday, June 27, 2017 10:06 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] (no subject)

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See today's Div III unpublished (but citable now) In re Estate of Miller, which says,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