Wash. Rev. Code » Title 4 · Chapter 4.84

Wash. Rev. Code § 4.84.150

Costs against fiduciaries

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In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by or against a person prosecuting in his or her own right, but such costs shall be chargeable only upon or collected of the estate of the party represented, unless the court shall direct the same to be paid by the plaintiff or defendant personally, for mismanagement or bad faith in such action or defense.
[ 2011 c 336 s 127; Code 1881 s 520; 1877 p 110 s 524; 1854 p 203 s 382; RRS s 489.]

Notes:

Actions by and against personal representatives, etc.: Chapter 11.48 RCW.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1990–2021 · leading case: Michelle Merceri v. Shawn Casey Jones
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Michelle Merceri v. Shawn Casey Jones (2016) washctapp “Merceri does not raise the issue here, nor did her trial attorneys Stern and Fullmer raise it below, presumably due to conflicts.”
Beverly Young, App. & Estate Of Bojilina H. Boatman, App./x-resp. v. Brian Boatman, Resp./x-app. (2021) washctapp “RCW 4.84.150 provides, In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by or against a person prosecuting in his or her own right, but such costs…”
Beverly Young, App. & Estate Of Bojilina H. Boatman, App./x-resp., V. Brian Boatman, Resp./x-app. (2021) washctapp “RCW 4.84.150 provides, In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by or against a person prosecuting in his or her own right, but such costs…”
Meyer v. Moore (1990) washctapp “) The purpose of RCW 4.84.150 is to allow for costs out of the estate in actions in which the named party is acting on behalf of the estate.”
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