Executor Cannot Charge Estate for Legal Costs of Fee Dispute

An executor cannot charge an estate with legal fees incurred by the executor in the course of disputing his own executor's fees. In Re Andrews' Appeal From Probate (Conn. App. Ct., No. AC 23446, July 29, 2003).

John S. Gorby's will named Gordon C. Andrews the executor of his estate. Following Mr. Gorby's death, Mr. Andrews utilized his own services as attorney for the estate. He subsequently submitted an accounting to the probate court in which he sought an executor's fee and a separate attorney's fee. John T. Gorby, the primary beneficiary of the estate, objected to the proposed fees. The Connecticut Superior Court eventually set the fee at less than half of what Mr. Andrews had originally requested.

Upon the conclusion of the fee dispute, Mr. Andrews requested an additional charge against the Gorby estate for the legal fees of an attorney Mr. Andrews had retained to litigate the fee dispute. Both the probate court and the superior court denied the additional fee request. Mr. Andrews appealed, maintaining that he had a legal claim for recovery because he had acted in good faith in obtaining legal advice that was beneficial for the estate.

The Appellate Court of Connecticut affirms, agreeing with the lower courts that the services performed by Mr. Andrews' attorney did not benefit the estate. While noting that there is no Connecticut law that specifically addresses an executor's right to charge an estate with legal fees incurred by the executor in the course of disputing his own executor's fees, the court holds that a contrary ruling would violate the American rule of attorney's fees and is not supported by other states' case law. Furthermore, the court notes that Mr. Andrews did not try to establish that Mr. Gorby had challenged the amount of his original executor's fee for reasons that were frivolous, unreasonable, or groundless.

To download the full text of this decision in PDF format, go to: https://www.jud.state.ct.us/external/supapp/Cases/AROap/AP78/78ap462.pdf
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