Printable Format58a-1004. Attorney fees and costs. In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
History: L. 2002, ch. 133, ยง 79; January 1, 2003.
Law Review and Bar Journal References:
"The Kansas Uniform Trust Code," David M. English, 51 K.L.R. 311 (2003).
CASE ANNOTATIONS
1. Party is entitled to costs and reasonable attorney fees under the facts of case. Hamel v. Hamel, 296 Kan. 1060, 299 P.3d 278 (2013).
2. The awarding of attorney fees is subject to an abuse of discretion standard, which includes an assessment of whether no reasonable person would adopt the position taken by the district court. Cresto v. Cresto, 302 Kan. 820, 849, 358 P.3d 831 (2015).
3. District court did not abuse its discretion by ordering attorney costs from trust on whose benefit the costs were incurred. Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 53 Kan. App. 2d 131, 146, 385 P.3d 533 (2016).