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attorneyappealtrialprobateobjection

attorneyappealtrialprobate

Related Cases

Matter of Estate of Larson, 103 Wash.2d 517, 694 P.2d 1051

Facts

Carl Larson died intestate in Pierce County, and his cousin Ivan O. Swanson was appointed as the personal representative. Swanson engaged attorney Michael Manza to probate the estate, which involved identifying heirs, liquidating assets, and filing tax returns. The estate's proceeds totaled $463,672.36, and objections were raised by 33 heirs regarding the reasonableness of the attorney fees, which were initially set at $23,145. The court commissioner found the fees reasonable, but the objectors appealed, leading to further review by the Superior Court and ultimately the Supreme Court.

Carl Larson died intestate on January 27, 1979 in Pierce County. The decedent's cousin, Ivan O. Swanson, agreed to act as personal representative. Swanson engaged his own attorney, Michael Manza, of Manza, Moceri, Gustafson & Messina, P.S., to probate the estate.

Issue

The main legal issues were whether the attorney fees requested were reasonable and whether the objectors' share of the estate should bear the burden of those fees.

The issue in this case is the overall reasonableness of the attorney fee requested to probate the Larson estate, not merely whether the Manzas have proven that every hour spent was necessary.

Rule

In establishing the reasonableness of attorney fees, probate attorneys must provide evidence that both the hourly rate and the hours spent were necessary for processing the estate. Additionally, attorneys are not entitled to additional fees for proving the reasonableness of their fees.

We hold that, in establishing the reasonableness of an attorney fee based on hours multiplied by an hourly rate, probate attorneys must offer evidence not only that the hourly rate was reasonable but also that the hours spent were necessary in processing the estate.

Analysis

The court analyzed the evidence presented regarding the hours billed by the estate attorneys and found that they did not meet their burden of proving that the hours charged were necessary. The court noted that the estate involved no complex legal issues and that the time spent on various tasks was excessive. The court emphasized that clients should not pay for unnecessary work or for the education of inexperienced attorneys.

The record shows they breached this duty. The following is a summary of the time expended and the hours charged during which estate funds were deposited in 14 savings accounts, subsequently withdrawn and deposited and redeposited in numerous certificates of deposits and treasury bills.

Conclusion

The Supreme Court affirmed in part and reversed in part, holding that the attorney fees were not justified based on the evidence presented. The case was remanded for further determination of the reasonableness of the fees, and the objectors were entitled to an award of attorney fees for their trial and appeal.

We, therefore, reverse and remand to the trial court the issue of the reasonableness of the attorney fee in probating the estate.

Who won?

The objectors prevailed in part, as the court ruled that their share of the estate should not bear the burden of the attorney fees, and they were entitled to recover their attorney fees for the trial and appeal.

The objectors should be awarded attorney fees for the trial and appeal of this case under RCW 11.76.070.

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