Idaho Supreme Court

In the Matter of the Estates of Carol Bailey and Francis, Andrew Bailey, Deceased. F. Kim Bailey, Personal…

August 9, 2012153 Idaho 526

Summary

The Court affirmed the denial of the personal representative’s request for attorney fees from estate funds because the fee claim had to be evaluated under all applicable reasonableness factors, including time and labor, and the attorney provided no time estimate or comparable information. A fee agreement stating that compensation would not be calculated hourly did not make those factors inconsistent with the governing statute. Neither party was awarded attorney fees on appeal because neither supported its request with argument.