Source or prior law:

22-317, 22-919, 22-920, 38-227, 62-2024.

Cross References to Related Sections:

Compensation and expenses of executor and executor's attorneys, see 59-1504.

Law Review and Bar Journal References:

1959-61 survey of law of administration of estates, Richard C. Harris, 10 K.L.R. 133, 139 (1961).

"Estate Tax Deductions and Credits—The Effect of Events Occurring Subsequent to Death," Edwin W. Hecker, Jr., 44 J.B.A.K. 143, 146 (1975).

"Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 561 (1979).

"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 23 (1995).

CASE ANNOTATIONS

1. Applied to appeal from final settlement order; attorney for administrator cannot enforce claim for services directly against estate. In re Estate of Eyth, 157 Kan. 268, 275, 276, 139 P.2d 378.

2. Facts considered and allowance of partial attorney's and executor's fees upheld. In re Estate of Snyder, 188 Kan. 46, 49, 360 P.2d 883.

3. Attorney fees for services rendered to a nonresident ancillary executor allowed; subrogation rights; appeal by attorneys. In re Estate of Bertrand, 188 Kan. 531, 537, 541, 542, 363 P.2d 412.

4. Mentioned but not applied in construing attorney fee provisions of K.S.A. 44-504. U.S. Fidelity & Guaranty Co. v. Allied Mutual Cas. Co., 190 Kan. 383, 384, 375 P.2d 619.

5. Determination of fair and reasonable attorney fee must give consideration to amount involved, time and effort expended, seriousness of problems involved, the results obtained and the experience and ability of the attorneys. First National Bank of Topeka, Kan. v. United States, 233 F. Supp. 19, 30.

6. District court has right to allow guardian ad litem fees. In re Estate of Showers, 207 Kan. 268, 275, 485 P.2d 299.

7. Cited; probate court has exclusive jurisdiction initially to determine executor's attorney fees hereunder. In re Estate of Murdock, 213 Kan. 837, 851, 852, 853, 854, 519 P.2d 108.

8. No appeal from order awarding attorney fees to trustees of revocable trust in action to enforce contract as claim against estate. Reznik v. McKee, Trustee, 216 Kan. 659, 682, 534 P.2d 243.

9. Applied; trustee entitled to allowance for compensation and expenses; allocation. Jennings v. Murdock, 220 Kan. 182, 183, 214, 553 P.2d 846.

10. Compensation of trustee and conduct reducing the same is within sound discretion of trial court. Burch v. Dodge, 4 Kan. App. 2d 503, 509, 608 P.2d 1032.

11. Award of fee is mandatory if trustee acted in good faith; amount of award within discretion of court. McClary v. Harbaugh, 231 Kan. 564, 570, 646 P.2d 498 (1982).

12. Cited in holding attorney fees under K.S.A. 59-1504 awarded to person defending or opposing, not attorney. In re Estate of Robinson, 236 Kan. 431, 436, 690 P.2d 1383 (1984).

13. Cited; circumstances rendering order approving claims voidable due to conservator's substantial conflict of interest (K.S.A. 59-1703), "other interested parties" examined. In re Conservatorship of L.M.S., 12 Kan. App. 2d 725, 726, 755 P.2d 22 (1988).

14. Whether trustees are entitled to attorney fees from trust corpus because they acted in good faith in defending action as trustee examined. Morrison v. Watkins, 20 Kan. App. 2d 411, 424, 889 P.2d 140 (1995).

15. No abuse of discretion in court's allowing expenses and discharging conservator. In re Guardianship & Conservatorship of Heck, 22 Kan. App. 2d 135, 146, 913 P.2d 213 (1996).

16. Substantial evidence supported allowance of fees from estate for counsel hired by executor to help preserve assets. In re Estate of Reynolds, 266 Kan. 449, 461, 970 P.2d 537 (1998).

17. Cited in attorney disciplinary case; attorney fees paid in violation of K.S.A. 59-1717. In re Alig, 285 Kan. 117, 169 P.3d 690 (2007).