Probate
May 6, 2010
Liability for Attorneys' Fees in Trust Disputes Shifts
Mark Phillips of Goldfarb, Sturman & Averbach says recent cases indicate a new flexibility on the part of courts when dealing with the enormously expensive nature of trust disputes.
One of the traditional inequalities in trust disputes is that the trustee has available the assets of the trust to pay the considerable fees inherent in a trust dispute, while the beneficiaries have to dip into their pockets to fund their litigation. Trusts routinely by their terms authorize a trustee to hire and pay attorneys from the trust corpus, and very few statutes permit shifting of the fee burden. As a consequence, beneficiarie...
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