Kansas Statutes Annotated

K.S.A. § 58a-1004 (2026)

Attorney fees and costs

✓ current as of May 2026

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

58a-1004. Attorney fees and costs. In 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 fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.

History: L. 2002, ch. 133, § 79; January 1, 2003.

Notes of Decisions

Cited in 12 cases (5 in the last 5 years), 2004–2026 · leading case: Hamel v. Hamel, 299 P.3d 278 (Kan. 2013).

Sort: Relevance Newest Treatment

Hamel v. Hamel, 299 P.3d 278 (Kan. 2013). · cites it 6× “finance the sale of the farmland to Dennis under the terms set forth in tire contract for deed; (3) Lawrence violated the Trust’s no-contest clause by challenging, without probable cause, the Trustees’ sale of the farmland to Dennis; (4) Lawrence’s violation of the no-contest…”

Cresto v. Cresto, 358 P.3d 831 (Kan. 2015). · cites it 3× “In the district court, the children based their attorney fees request on K.S.A. 58a-1004, which provides: “In a judicial proceeding involving die administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney…”

Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004). · cites it 2× “Two issues are involved in the attorney fee part of this appeal: (1) Who should pay and (2) in what amount? K.S.A. 2003 Supp. 58a-1004 provides: *773 “In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs…”

Culliss v. Culliss, 514 P.3d 376 (Kan. Ct. App. 2022). · cites it 3× “K.S.A. 58a-1004. Appeal from Johnson District Court; MICHAEL P.”

Maenhoudt v. Stanley Bank, 115 P.3d 157 (Kan. Ct. App. 2005). “Rose also claims that Jackson should also be responsible for fees, costs, and expenses. Rose argues that K.S.A. 2004 Supp.”

Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 385 P.3d 533 (Kan. Ct. App. 2016). · cites it 3× “Did the District Court Abuse Its Discretion in Its Award of Attorney Fees? Finally, plaintiffs argue that the district court erred when it ordered a portion of their claimed attorney fees to be paid by Alain’s Trust.”

Hershaw v. Farm & City Ins., 87 P.3d 360 (Kan. Ct. App. 2004). “58-3966; K.S.A. 2003 Supp. 58a-1004; K.S.A. 2003 Supp.”

In re Bradley Trust (Kan. Ct. App. 2021). · cites it 4× “"Accordingly, pursuant to the authority and discretion provided to the Court under K.S.A. § 58a-1004, the Court orders that the Trust must pay Petitioner's reasonable attorney's fees and costs incurred in this action through the end of October 29, 2019, 23 minus the amount of…”

Tharrett v. Everett (Kan. Ct. App. 2024). · cites it 3× “Sarah also asked the district court to assess the costs against David under K.S.A. 58a-1004, "as his actions and unfounded claims have necessitated the filing of this action to allow [her] to fulfill her duties as Successor Trustee and to wind up administration of the Trust…”

Schmitendorf v. Taylor (Kan. Ct. App. 2020). · cites it 2× “"In 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 fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.”

Miller v. Miller (Kan. Ct. App. 2024). “Under K.S.A. 58a-1004, a district court is given the discretion to award attorney fees in cases involving the administration of a trust as justice and equity require—the court can order those fees be paid from any party or from the trust itself.”

In re Eugene Parks Wise Trust (Kan. Ct. App. 2026). “ther unpaid disbursements for Donna's service as trustee; (3) a determination that Knamiller was 2 Eugene's heir and therefore a beneficiary of his trust; (4) an order approving Donna's trust accounting and discharging her mother, Donna, as trustee of Eugene's trust; and (5) an…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.