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Keywords

litigationattorneyequityappealprobatetrustwill

attorneystatuteequityappealhearingmotionprobatetrustwilladmissibility

Related Cases

Alexander v. UMB Bank, N.A., 632 S.W.3d 385

Facts

Darthea Stodder Harrison created an irrevocable trust in 1947, which was to provide income to her son during his lifetime and distribute the remaining assets to his descendants or her brothers' children upon the death of both. After Darthea and her son William passed away, the trust's distribution became contested due to ambiguities regarding the beneficiaries. Kelsey Alexander, a grandchild of one of the deceased brothers, filed a petition to clarify the distribution, leading to a series of legal proceedings and appeals regarding the trust's assets and her entitlement to attorney fees for her legal efforts.

In March 1947, Darthea Stodder Harrison (“Darthea”) executed a trust agreement to create an irrevocable trust (“DSH Trust”). UMB Bank, N.A., (“UMB”) is the trustee. Pursuant to the DSH Trust, Darthea received the trust's net income monthly during her lifetime. Upon her death, the DSH Trust was to provide the income monthly to her only son, William Stodder Harrison, Jr., (“William”), during his lifetime. Upon the death of both Darthea and William, the trust was to terminate and the proceeds were to be distributed to William's bodily issue, if any, and, if none, to Darthea's brothers, R.H. Stodder (“R.H.”) and F.G. Stodder (“F.G.”).

Issue

Did the probate court abuse its discretion in denying Kelsey Alexander's full request for reimbursement of attorney fees and expenses incurred during the litigation over the trust's distribution?

Alexander's five points on appeal challenge the probate court's decision not to award her the full amount of attorney's fees she requested or any of her travel expenses.

Rule

The court may award costs and expenses, including reasonable attorney's fees, to any party in a judicial proceeding involving the administration of a trust, as justice and equity may require, but such awards are discretionary.

Section 456.10-1004 of the Missouri Uniform Trust Code provides that, '[i]n a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.' This statute is discretionary; hence, while it grants the circuit court the authority to award attorney's fees, it does not mandate an award.

Analysis

The court reviewed the probate commissioner's findings and determined that the fees Alexander sought were excessive relative to the trust's total assets. The court found that while some fees were justifiable, others were incurred for Alexander's personal benefit and did not benefit the trust as a whole. The court also noted that the proceedings were largely uncontested, which further justified the reduction in the awarded fees.

The probate commissioner held a hearing on Alexander's motion for default judgment and her petition for distribution of assets in July 2018. The day before the hearing, Alexander and UMB filed a stipulation to the admissibility of 24 exhibits to inform the commissioner of the identities and rights of the four lines of the DSH Trust remainder beneficiaries. One of the stipulated exhibits was a trust distribution agreement between Alexander, her brother, and her niece, who is a remainder beneficiary of the ASM Trust, agreeing that Anne's share of the DSH Trust should be distributed to the ASM Trust.

Conclusion

The Court of Appeals affirmed the probate court's judgment, concluding that the decision to award Alexander $139,958.15 in attorney's fees and expenses was not an abuse of discretion.

The probate court's judgment is affirmed.

Who won?

UMB Bank, as the trustee, prevailed in the case because the court upheld the probate commissioner's decision to limit the reimbursement of attorney fees and expenses to a reasonable amount.

The probate court, which tried the case and, therefore, was 'acquainted with all the issues involved,' 'is considered an expert on the question of attorney fees.'

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