Q: Can estate retain beneficiary's cash behest to pay for the $40k legal fees he incurred on a dismissed frivolous lawsuit?
Plaintiff was the only one beneficiary out of three beneficiaries to file suit on an irrevocable will of his fathers. He wanted items out of estate he claimed he deserved but were not documented in the will.
A:
Did you ask for attorney's fees in your defense? Did the Court consider it and chose not to act? Then no.
Did you NOT ask for attorneys fees. Shame on you, no you can't just 'assert' it now.
Did you OFFER to settle at some point and they rejected the offer? Many states allow you to charge fees if the party refusing an offer then doesn't prevail. If so then maybe
Does the will ALLOW such set-offs, then maybe.
Bottom line: You have an attorney (I HOPE!). ASK! There is no one 'right' answer and depending on the documents and the case law, they answer could be yes, no or something in-between! If you don't have an attorney, it would make a great deal of sense to hire one now before this spins even further out of control. Don't be penny wise and pound foolish ... hire an estate attorney to help with this and the many other questions that will come up during the process of finalizing the estate.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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