Legal Question in Wills and Trusts in Ohio

Re: Who pays?

It depends on what type of legal battle you are talking about. Usually the attorney for the estate is paid out of estate assets. If there was a will contest invovlved then the responsiblity for the fees can be shifted.

Re: Who pays?

It depends on the nature of the legal battle.

Generally, the lawyer representing the estate fiduciary (Executor, Administrator, or Guardian) will be paid from the estate, subject of course to Court approval. Other lawyers involved, even if they are challenging a Last Will or pursuing some other type of lawsuit involving the estate, can be paid from the estate if they can show there was a material benefit to the estate because of their work.

Also worth noting, the client remains responsible to pay their lawyer for any amounts which are not covered by a Court award of attorney's fees.