In a case arising out of Dallas County, an executor sued to regain possession of property held by another person, spending $27,000 before being successful. Sadly, the executor was denied a request that the court impose those attorneys’ fees on the person who wrongfully withheld the assets from the estate. The court said that there might have been other ways to proceed that could have allowed the court to impose legal fees on the wrongdoer, but the statute cited by the executor allowing recovery of legal fees did not say against whom the fees could be recovered and did not condition recovery of legal fees on being successful, the court reasoned that only the estate itself was liable for those costs.
Probate and Estate Planning News
