Bennett v. Ruegg

Petitioner Stacy R. Bennett, personal representative in a decedent estate, seeks review of a Court of Appeals per curiam decision which reversed a judgment of the King County Superior Court awarding attorneys’ fees to the estate of Mary Margaret Kerr on behalf of Petitioner, personal representative of the estate, who successfully resisted her removal in a probate proceeding. We granted review. We reverse.

QUESTION PRESENTED

The question presented in this case is whether, under the general fee provision of the Probate Code, RCW 11.96.140,1 courts may award discretionary attorneys’ fees in…