[WSBAPT] Attorney Fees in Will Contest

[Inge Fordham]

Colleagues,

I have a probate where the decedent’s daughter commenced probate pursuant to an outdated will and had herself appointed as the personal representative pursuant to the outdated will.  The decedent’s son hired my office to contest the outdated will and admit a later-dated will.  The decedent’s daughter fought the will contest and forced the son to incur substantial costs and fees.  The court agreed with the decedent’s son and entered an order revoking the initial letters testamentary issued to the daughter, admitting the later-dated will, and appointing the personal representative identified in the later-dated will.  The two beneficiaries of the estate are the decedent’s son and daughter.  The son has requested to include his costs and attorneys’ fees as an expense of administration.  The daughter has requested the same.  My initial opinion is that the daughter commenced probate pursuant to an outdated will, with full knowledge that it was outdated, and then generated substantial costs and fees to challenge the later-dated will (and lost).  Can she claim her costs and fees as a cost of administration?

Best regards,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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