59-1504.
Compensation and expenses.
Whenever a decedent by will makes a provision for the compensation of his or her executor, that shall be taken as such executor's full compensation, unless the executor files a written instrument, renouncing all claim to the compensation provided for in the will. Whenever any person named in a will or codicil defends it, or prosecutes any proceedings in good faith and with just cause, for the purpose of having it admitted to probate, whether successful or not, or if any person successfully opposes the probate of any will or codicil, such person shall be allowed out of the estate his or her necessary expenses and disbursements in such proceedings, together with such compensation for such person's services and those of his or her attorneys as shall be just and proper.
Any heir at law or beneficiary under a will who, in good faith and for good cause, successfully prosecutes or defends any other action for the benefit of the ultimate recipients of the estate may be allowed his or her necessary expenses, in the discretion of the court, including a reasonable attorney's fee.
History:
L. 1939, ch. 180, § 115; L. 1941, ch. 284, § 16; L. 1975, ch. 299, § 11; January 1, 1976.
Notes of Decisions
Cited in
24
cases (
4 in the last 5 years), 1971–2022 · leading case:
In Re Est. of Robinson, 690 P.2d 1383 (Kan. 1984).
In Re Est. of Robinson, 690 P.2d 1383 (Kan. 1984).
· cites it 26× “Robinson and the second appeal concerning the awarding of attorney fees under K.S.A. 59-1504. The facts as stated in In re Estate of Robinson, 232 Kan.”
In Re the Est. of Strader, 339 P.3d 769 (Kan. 2014).
· cites it 6× “And K.S.A. 59-1504 requires drat the district court award attorney fees and necessary expenses to any person who successfully opposes the probate of a will.”
In re Est. of Field, 414 P.3d 1217 (Kan. Ct. App. 2018).
· cites it 9× “After trial, Oborny moved for attorney fees pursuant to K.S.A. 59-1504. Honorable Jack L. Burr decided that motion, although Honorable William F.”
In re the Est. of Gardiner, 23 P.3d 902 (Kan. Ct. App. 2001).
· cites it 14× “In the alternative, the court stated that, should the district court’s award be overturned, attorney fees may be awarded pursuant to K.S.A. 59-1504. The court found that J’Noel was successful in avoiding dismissal on one of the two grounds advanced by Joe in his motion for…”
In Re Est. of Robinson, 659 P.2d 172 (Kan. 1983).
· cites it 10× “) The district court’s order of January 25, 1982, allowing compensation pursuant to K.S.A. 59-1504, did not alter or modify the appealed orders concerning admission of the two wills.”
In re Est. of Oroke, 445 P.3d 742 (Kan. 2019).
· cites it 2× “Donna cites K.S.A. 59-1504 as the district court's authority to award fees.”
In Re the Trusteeship of the Will of Daniels, 799 P.2d 479 (Kan. 1990).
· cites it 4× “The court concluded that the remaindermen were not successful and did not defend the action for the ultimate recipients of the estate as required by K.S.A. 59-1504. We granted the remaindermen’s petition for review.”
Cresto v. Cresto, 358 P.3d 831 (Kan. 2015).
“For the first time on appeal, the children claim entitlement to fees pursuant to K.S.A. 59-1504. But the district court did not have an opportunity to consider that argument, and we decline to act as the trial court on appeal.”
In Re the Est. of Mildrexter, 971 P.2d 758 (Kan. Ct. App. 1999).
· cites it 5× “Ruby filed a request for attorney fees, arguing her attorney’s services ultimately benefitted the estate as required by K.S.A. 59-1504. The district court denied this request because the estate was not benefitted by Ruby’s petition to construe the will and her claim was…”
In re Est. of Giventer, 310 Neb. 39 (Neb. 2021).
“315 (2021); Kan. Stat. Ann. § 59-1504 (2021). [7] Those states that have added a “just cause” provision to their statutes similar to § 30-2481 have, by that addition, authorized courts to deny compensation to a personal repre- sentative or nominated personal representative who…”
Jennings v. Murdock, 553 P.2d 846 (Kan. 1976).
“In Murdock I, we disallowed attorney fees for those prosecuting and defending the widow's claim against this estate (except the executor), but we did recognize: "In a meritorious action brought to construe a will, attorney fees are allowable under the provisions of K.S.A.…”
In Re the Est. of Haneberg, 14 P.3d 1088 (Kan. 2000).
“We believe the district court, when it denied the attorney fees, was merely referencing K.S.A. 59-1504, which requires a party to be successful in opposing the probate of a will or codicil in order to receive attorney fees.”
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