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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2387
Experience:  Helping you with your legal questions.
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I am the PR of my father's very complicated estate, have an

Customer Question

I am the PR of my father's very complicated estate, have an attorney and CPA assisting me. The three adult children (I am one of the three) are the heirs of different gifts. The debts have just been paid, the trusts almost settled. One adult child heir has decided the estate is not moving fast enough and has decided to hire an attorney to "expedite and possibly challenge the Will, etc." Can the other two heirs recover the costs incurred (which would have be a portion of their inheritence) had the impatient heir not stepped in? What forms of recourse as heirs do the two have?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.

If someone challenges the probate of the will, they would have to cover their own costs. The personal representative would have to cover the cost to the estate and later deduct the attorneys fees from the estate. The person challenging the will does not have to pay the attorneys fees of the personal representative, although, with the increase in fees, there would be less for estate distribution. The only way that the estate personal representative can make a claim against the objectant for attorneys fees is if the objectant losses and there is evidence the objections were frivolous and that the objectant purposefully delayed the process for no reason other than to delay the process or by being malicious. Since you have an attorney, you can discuss these issues with your attorney.

Customer: replied 1 year ago.
My question is what recourse do the two heirs, whose share was reduced by the actions of the third heir have against the third for recovery of their lost share?
Expert:  Damien Bosco replied 1 year ago.

They would have to show the objections and actions of the objectant were frivolous and malicious.