Enders v. Parker

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Alaska Statute 13.16.435 entitles personal representatives who litigate in “good faith” to recover attorney’s fees and costs from the estate. Iris Enders was a personal representative who unsuccessfully challenged Joel Kottke’s 1997 will. She argues here that it was error to deny her request, for attorney’s fees and costs under the statute. Because the good faith required by AS 13.16.435 is implied, but not conclusively established, by the existence of “reasonably arguable grounds” for a will challenge, and because good faith requires that a personal…