Legal Question in Wills and Trusts in New York

Legal Fee's and Court Costs

* 5 people named in a will.

* One person is contesting the will

* the remaining 4 individuals have to hire additional legal help due to that individual.

Can the 4 people sue that one individual for the additional legal fee's that were incurred due to the person contesting the will?


Asked on 8/09/06, 9:50 am

3 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Legal Fee's and Court Costs

Not usually. The legal fees will come out of the Estate. Better to settle the matter than pay 5 attorney fees.

Otherwise, I hope the Estate is large enough so there is something left for the heirs at the end.

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Answered on 8/09/06, 10:03 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Legal Fee's and Court Costs

Lawsuit,no. But if the claim is wholly without merit (frivolous), the other benenficiaries can ask the court to order to order that legal fees are reimbursed, it's not usually granted, but it is an option.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/09/06, 10:17 am
Walter LeVine Walter D. LeVine, Esq.

Re: Legal Fee's and Court Costs

I agree with both Debra and Steve. If legitimate, all fees are paid by the estate; if not, you can raise the frivolous litigation issue and if upheld, you might get reimbursement (which presumes the person contesting has the funds to pay you, or their share of the estate is large enough to cover your legal costs). Not knowing the issues or positions, I cannot comment on the merits of the case. This is a response to an Internet question and the reply is not to be considered legal advice or to create an attorney-client relationship. Be aware that different or omitted facts may change the response.

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Answered on 8/09/06, 4:27 pm


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