In Re the Estate of Smith

OPINION

RANDALL, Judge.

This appeal challenges an award of attorney fees directed both against an attorney and his client. The trial court found that appellant Ardelle Smith Cobb and her attorney, Robert D. Stoneburner, acted in bad faith, in a frivolous manner, and upon an unfounded position by contesting the will of Bert Smith. Therefore, the trial court awarded attorney fees of $3,472.50 to respondent Estate of Bert W. Smith pursuant to Minn.Stat. § 549.21, subd. 2 (1986). We reverse.

FACTS

Appellant is decedent Bert Smith’s daughter. The decedent executed a will on September 3, 1985, which…