Legal fees charged to the Estate??

[Suedama]

What is the name of your state? New Jersey

I am the Executor to my Brother's Will.
There was a contest to the Will and it
eventually went into Binding Arbitration with
the both sides agreeing not to appeal. Of
course the other side lost and are still trying to
appeal. A few questions: I know the other side
will try to charge the estate for legal costs
during the arbitration phase. Since they are appealing this judgment, can they still try to
charge the estate for their legal bills? How does the court decide what they are entitled to as
far as charging the estate? Can someone point me to a url which has info on this topic? (Note: their last appeal was denied by an upper court, but I believe they will keep trying more legal
manuevers thinking they can charge it to the estate.)

Best regards,
Simon

 

[I AM ALWAYS LIABLE]

My response:

I can't speak to New Jersey's laws, specifically. But, generally speaking, a Will contestant (successful or unsuccessful) will naturally incur a personal obligation to pay attorney fees to his or her own counsel because the action is "independent" of the Will itself. Absent agreement (e.g., in settlement of a will contest), there is no basis for charging the Estate with a contestant's fee liability - - even if the contestant prevails in the lawsuit. Absent a statute or agreement on the subject, party employing counsel is responsible for paying attorney fees - - not the Estate.

IAAL