Sunday, 26 April 2015

If a beneficiary of a will objects to what is in a will and hires an attorney on their own, are those attorney fees entitled to be paid by t...

Question

If a beneficiary of a will objects to what is in a will and hires an attorney on their own, are those attorney fees entitled to be paid by the estate of the deceased?



Answer

Perhaps, if the objection is valid and provides a benefit to the Estate.



Answer

Sometimes. It can get complicated; normally beneficiaries bear their own attorney fees, but as Mr. Stein notes, IF the litigation is of benefit to the estate, then they may be able to be paid by estate; however, those fees are still subject to review by the court for reasonableness (i.e., not ALL of the fees may be paid).



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