R.C. 5810.04 Provides The Court With Wide Discretion To Award Attorney Fees and Costs in a Trust Proceeding

This case involves two parties, the daughters of decedent mother and four probate entities: (1) mother's estate; (2) mother's testamentary trust; (3) son's estate and (4) son's testamentary trust. During the administration of mother's estate and trust, her beneficiary and son passed away, creating another estate a trust. There were several proceedings over several years dedicating to administering these estates and trusts, including exceptions to the accountings filed in each probate entity filed by daughters of decedent. The exceptions were dismissed. At the completion of the last proceeding, the fiduciaries applied to the court for their fees and attorney fees and costs.

The court awarded the fees and attorney costs for the proceedings to be paid solely out of mother's trust pursuant to R.C. 5810.04. When exceptions to a trust accounting are filed, the share of the party initiating the litigation and subjecting the accounts to scrutiny may be charged with attorney fees and costs. By charging the fees solely against mother's trust, rather than equally between all of the probate entities placed the entire burden of the costs upon the parties who had filed the exceptions to the various accounts of the probate entities. The appellate court affirmed the trial court's decision, specifically distinguishing the award of fees under R.C. 5810.04 from other cases where fees are awarded in purely estate proceedings.