Attorneys’ Fees

Attorneys’ Fees- Repayment by Estate

Except as indicated, all indented material is copied directly from the court’s opinion.

Opinions of the Tennessee Supreme Court

Opinions of the Tennessee Court of Appeals


In re Estate of Waller, No. M2022-00183-COA-R3-CV, p. 5 (Tenn. Ct. App. Nov. 2, 2022)

Attorney’s fees incurred to benefit or protect the estate are the type of expenses for which repayment is appropriate. Leaver v. McBride, 506 S.W.2d 141, 145 (Tenn. 1974). “Deciding whether a party’s attorney’s fees should be paid by the estate does not necessarily hinge on the success of the party’s claims.” In re Estate of Greenamyre, 219 S.W.3d 877, 886 (Tenn. Ct. App. 2005). Instead, “[t]he controlling question is whether the entire estate benefitted from the efforts of the party’s lawyer.” Id. We will not alter a court’s decision regarding attorney’s fees absent an abuse of discretion. Id. at 885; In re Estate of Wallace, 829 S.W.2d at 701.



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