Woollett v. Matyastik

ON MOTION FOR REHEARING

LEE YEAKEL, Justice.

We withdraw our opinion and judgment of December 23, 1999, and substitute the following opinion.

Bill Matyastik (“Bill”), temporary guardian for Rose Matyastik, filed an application for approval of attorney’s fees to be paid from the guardianship estate. The Probate Code allows a guardian to be reimbursed from a guardianship estate for all necessary and reasonable expenses incurred in performing duties as guardian. See Tex. Prob.Code Ann. § 666 (West Supp.2000). The Probate Code also requires such expenses to meet certain proof requirements. See id. §…