In Re the Estate of Catron

ISSUE TWO

[¶ 30.] One of our basic tenets regarding attorneys’ fees is that they are not to be awarded to an adverse party absent statutory authority. Kanaly v. State, 401 N.W.2d 551 (S.D.1987); see also Estate of Weickum, 317 N.W.2d 142 (S.D.1982); Boland v. City of Rapid City, 315 N.W.2d 496 (S.D.1982). Carol erroneously relies upon SDCL 29A-3-719 and 720 as such authority. We have stated on numerous occasions, however, that before attorneys’ fees will be paid from the estate pursuant to such authority, the estate must somehow benefit from the work of the attorney submitting the bill.…