[WSBAPT] Estate fees

Wed Jun 16 10:06:50 PDT 2021

The Greider decision is unpublished but here is the holding re: fees:

Attorney Fees.

Both parties request attorney fees under RAP 18.1 and RCW 11.96A.150. Brett's heirs contend that they are entitled to attorney fees because they were forced to litigate in order to compel the Trustee to comply with her duties under the Trust. The Trustee, on the other hand, contends that the litigation was both premature and unnecessary. We award fees to the Trustee under RAP 18.1. Under RAP 18.1(a) we may award a party-who so requests-attorney fees if applicable law provides for such an award. In re Estate of Mower, 193 Wn. App. 706, 729, 374 P.3d 180 (2016). RCW 11.96A.150(1) states:

The court may order . . . 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 . . . trust involved. This section applies to appellate courts. Mower, 193 Wn. App. at 729. We may order that the fees be paid by any party to the proceedings or from the assets of the trust involved. Id. The "touchstone" for TEDRA attorney fee awards is "'whether the litigation resulted in a substantial benefit to the estate.'" Mower, 193 Wn. App. at 728, (quoting In re Estate of Black, 116 Wn. App. 476, 490, 66 P.3d 670 (2003)); see also Matter of Marital Tr. of Graham, 11 Wn. App. 2d 608, 615, 455 P.3d 187 (2019), review denied sub nom., 195 Wn.2d 1026, 466 P.3d 778 (2020). Courts No. 81194-1-I/17 17 may also consider whether a case presented "novel or unique issues." In re Estate of Stover, 178 Wn. App. 550, 564, 315 P.3d 579 (2013) (quoting In re Guardianship of Lamb, 173 Wn.2d 173, 198, 265 P.3d 876 (2011)).

The Trustee has prevailed on appeal. This litigation neither benefitted the Trust nor raised novel or unique issues, the resolution of which added benefit to the appeal. We deny Brett's heirs' request for fees, and award the Trustee reasonable attorney fees, subject to her compliance with RAP 18.1(d).

Dalynne Singleton
Gourley Law Group
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, June 16, 2021 9:03 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] estate fees

Apparently that was an issue in a trust matter mentioned in a case law update kindly presented by RoseMary Reed at the section meeting last week. (In re the Greider Family Trust). Apparently the trustee was challenged on such allocation and the Court found that there was also no breach because expenses were not allocated equally to all 4 shares of the trust. Brett's share had expenses that were unique to him
(including responding to a lawsuit that sought to reach his share of the trust)
that made it reasonable for the trustee to allocate those expenses solely to
Brett's share.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Shannon Jones
Sent: Wednesday, June 16, 2021 8:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] estate fees

Listmates, Where estate attorney fees are increased several thousand dollars due to an heir with counsel who questioned the non-intervention PR's every move, can the PR "allocate" estate fees devoted to that heir's issues only to her share of the estate? Input appreciated.

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