In a judicial proceeding involving the administration of a trust, including a trust that contains a spendthrift provision, the court, as justice and equity may require, may award costs, expenses, and reasonable attorney's fees to any party, to be paid by another party, from the trust that is the subject of the controversy, or from a party's interest in the trust that is the subject of the controversy.
Notes of Decisions
Cited in 16
cases (8 in the last 5 years), 2014–2026 · leading case: Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032.
Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032. · cites it 8ד{¶28} Appellants also filed a motion with the court on June 25, 2015, requesting that the Trustees pay appellants’ attorney fees pursuant to R.C. 5810.04. The trial court denied the motion without opinion on August 24, 2015.”
Rex v. Rex, 2016-Ohio-5788. · cites it 13דR.C. §5810.04. {¶22} The trial court then set a hearing on Appellee's request for attorney's fees and costs.”
McHenry v. McHenry, 2017-Ohio-1534. · cites it 5ד04, which provides authority to award costs, expenses, and reasonable attorney fees in judicial proceedings involving the administration of a trust: In a judicial proceeding involving the administration of a trust, including a trust that contains a spendthrift provision, the…”
Premier Therapy, L.L.C v. Childs, 2016-Ohio-7934. “See Official Comment to R.C. 5810.04 (“Generally, litigation expenses were at common law chargeable against another party only in the case of egregious conduct such as bad faith or fraud.”
Daddario v. Rose, 2024-Ohio-5882. · cites it 5דHowever, attorneys’ fees may be awarded when a statute or an enforceable contract provided for an award of attorneys’ fees or when the prevailing party demonstrates the losing party acted in bad faith. Jakubs v.”
Dueck v. Clifton Park Trust, 2019-Ohio-4784. · cites it 4דAppellants also pray for costs, expenses, and attorney fees pursuant to R.C. 5810.04. Count 2 of the second amended complaint asserts that the Trustees breached their fiduciary duties by implementing rules that provide the Club Members with greater access and rights to use the…”
Cartwright v. Batner, 2014-Ohio-2995, 15 N.E.3d 401. “Specifically, R.C. 5810.04 provides that: In a judicial proceeding involving the administration of a trust, including a trust that contains a spendthrift provision, the court, as justice and equity may require, may award costs, expenses, and reasonable attorney's fees to any…”
Keybank Natl. Assn. v. Thalman, 2018-Ohio-3367. “” R.C. 5810.04. {¶35} The court awarded KeyBank its attorney fees “because of the Clough Heirs’ unwillingness to accept that the terms of the Couse Trust control its ultimate distribution.”
Stewart v. Martin, No. 3:21-cv-00089 (S.D. Ohio Feb. 22, 2024). · cites it 10ד) The only remaining issues before the Court are the questions of damages under Counts I-II and Plaintiffs entitlement to attorney’s fees under Ohio Rev. Code § 5810.04. For the reasons explained below, the Court BIFURCATES the issue of damages under Counts I-II of the Amended…”
Keybank Natl. Assn. v. Thalman, 2020-Ohio-660. · cites it 2דThe trial court erred to the prejudice of the Clough Heirs by failing to hold a hearing on their motion for payment of their costs and attorney fees pursuant to R.C. 5810.04 since they were the prevailing party.”
Stewart, No. 3:21-cv-00089 (S.D. Ohio Feb. 23, 2026). · cites it 5ד54(d)(2) and, substantively, Ohio Rev. Code § 5810.04. (Doc. No. 139 at PageID 2032; see also Doc No.”
Zimmerman v. Dillon, 2025-Ohio-3157. · cites it 6ד00 plus interest at the statutory rate from the date of the judgment and costs; (3) ordered Appellant to produce a full, complete and accurate accounting of all assets belonging to the Trust by August 9, 2024; and (4) ordered a separate damages’ hearing to determine the award of…”
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