Attorney Jeffrey P. Coleman explains how the payment of attorney’s fees is determined by the court in a will contest case.
If I Successfully Bring A Will Contest Case, Does The Estate Pay Attorney’s Fees?
If you are successful in setting aside a will,you have, in essence, provided a benefit to that estate; and a benefit to the court in establishing what was the proper will for that deceased person.
Therefore if you are successful in setting aside a will and establishing how the estate should be administrated, your attorney’s fees will generally be paid from that estate
Who Is Responsible For The Attorney’s Fees Of The Party Filing A Will Contest Case?
The attorney’s fees for the person filing a will contest case will sometimes be determined by whether they are successful, or whether a court determines that a will contest was brought in bad faith.
But generally speaking,confirming what will is appropriate is of benefit to the estate and so the attorney fees on all sides are paid by the estate.