Home » Articles » Will Contests and Attorney’s Fees in Texas: Who Pays When?
In Texas, the outcome of a will contest case does not always determine who will receive an award of attorney’s fees. In fact, even the winning party may not be fully reimbursed for their legal expenses.
This is because the law governing attorney’s fees in will contest cases is nuanced and can vary depending on the specific circumstances. For example, the executor of the will is more likely to recover attorney’s fees than a beneficiary who is challenging the will. However, even the executor may not be awarded fees if the estate does not have enough assets to pay them.
The recent Estate of Rodgers, No. 13-22-00202-CV (Tex. App.–Corpus Christi 2023), case involving a will contest provides an opportunity to consider the attorney’s fee rules in probate cases. This case highlights the importance of understanding these rules if you are involved in a will contest or other probate dispute.