Mississippi Code
Miss. Code Ann. § 91-7-281 (2024)
Attorney's fees allowable
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
In annual and final settlements, the executor, administrator, or guardian shall be entitled to credit for such reasonable sums as he may have paid for the services of an attorney in the management or in behalf of the estate, if the court be of the opinion that the services were proper and rendered in good faith. Where the executor, administrator, or guardian acts also as attorney, the court may allow such executor, administrator, or guardian credit for his reasonable compensation as attorney in lieu of his compensation as executor, administrator, or guardian.
Codes, 1892, § 1957; 1906, § 2131; Hemingway's 1917, § 1799; 1930, § 1734; 1942, § 633; Laws, 1882, p. 113; Laws, 1928, ch. 153.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1986–2024 · leading case: Est. of Mclemore v. Mclemore, 63 So. 3d 468 (Miss. 2011).
Est. of Mclemore v. Mclemore, 63 So. 3d 468 (Miss. 2011). “See Miss.Code Ann. § 91-7-281 (Rev.2004). Mississippi Code Section 91-7-299 (Rev.”
Braxton v. Johnson, 514 So. 2d 1232 (Miss. 1987). “DID THE CHANCELLOR ERR IN HIS ALLOWANCE OF ATTORNEY’S FEES? Since this case is being remanded, the chancellor should consider on remand what portion of the attorney’s fees should be paid by Johnson individually.”
Matter of Will of Fankboner, 638 So. 2d 493 (Miss. 1994). “Miss. Code Ann. § 91-7-281 (1972). Rule 6.”
Harper v. Harper, 491 So. 2d 189 (Miss. 1986). “Determination of attorneys' fees are judged by the following statute: Miss. Code Ann. § 91-7-281 (1972) provides as follows: In annual and final settlements, the executor, administrator, or guardian shall be entitled to credit for such reasonable sums as he may have paid for the…”
Scott v. Hollingsworth, 487 So. 2d 811 (Miss. 1986). “It poses the question of whether the attorney's fee of $1500 was adequate? Miss. Code Ann. § 91-7-281 (1972) reads: In annual and final settlements, the executor, administrator, or guardian shall be entitled to credit for such reasonable sums as he may have paid for the services…”
In re Est. of Thomas, 28 So. 3d 627 (Miss. Ct. App. 2009). “’ ” See Miss.Code Ann. § 91-7-281 (Rev.2004). Supporting the chancellor’s refusal to award attorney’s fees was the finding that: In Estate of Carter, 912 So.”
Wells v. Evans, 740 So. 2d 332 (Miss. Ct. App. 1999). “” Miss.Code Ann. § 91-7-281 (Rev.1994). ¶ 11.”
Est. of Michael N. Bakarich, & Co- Executrices, Victoria Lynn Ray, Stephanie Bakarich Jeselnik & Alexandra Elizabeth Owens v. John Frederick Bakarich, 337 So. 3d 1078 (Miss. 2022). “2011) (citing Miss. Code Ann. § 91-7-281 (Rev. 2004)). And because nothing in the record supports the chancellor’s decision to go against the will of testator and public policy by ordering the Co- 2 Executrices personally liable for the estate’s attorney’s fees, we reverse and…”
In the Matter of the Est. of Walter Verland Green, Deceased: The Est. of Douglas W. Green, by Emily Rose Green, Adm'r v. Angela Green Michini, 396 So. 3d 169 (Miss. Ct. App. 2024). “State law provides that “[i]n annual and final settlements, the executor, administrator, or guardian shall be entitled to credit for such reasonable sums as he may have paid for the services of an attorney in the management or in behalf of the estate, if the court be of the…”
Gerald D. McLemore v. Dennis Marshall McLemore, No. 2007-CA-02043-SCT (Miss. Oct. 11, 2007). “See Miss. Code Ann. § 91-7-281 (Rev. 2004). Mississippi Code Section 91-7-299 (Rev.”
Joseph Pallatin v. Kandy Jones, No. 95-CA-01065-SCT (Miss. Sept. 11, 1995). “Miss.Code Ann. § 91-7-281 (1972) states: In annual and final settlements, the executor, administrator or guardian shall be entitled to credit for such reasonable sums as he may have paid for the services of an attorney in the management or in behalf of the estate, if the court…”
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