When Bad Behavior Creates Unnecessary Costs
Estate and trust disputes can escalate quickly. Sometimes a party or their attorney engages in conduct that runs up fees without any legitimate purpose. A.R.S. 14-1105 gives courts a direct remedy: if unreasonable conduct causes professional fees or expenses, the court can order the person responsible to reimburse the estate, trust, ward, or protected person.
If the court finds that a decedent's estate or trust has incurred professional fees or expenses as a result of unreasonable conduct, the court may order the person who engaged in the conduct or the person's attorney, or both, to pay the decedent's estate or trust for some or all of the fees and expenses as the court deems just under the circumstances.
A.R.S. § 14-1105(A)Notice that both the individual and their attorney can be held responsible. This is unusual. Most fee-shifting statutes target only one or the other. Here, the court has discretion to impose the obligation on either or both.
Protection Extends to Guardianship and Conservatorship Cases
The statute is not limited to estate and trust matters. Subsection B applies the same rule to guardianship and conservatorship cases. If unreasonable conduct forces a ward or protected person to spend money on professional fees, the court can shift those costs to the responsible party.
These remedies are cumulative. They do not replace other civil remedies or legal provisions. They add another layer of protection, specifically designed to prevent bad-faith conduct from draining the assets that a ward, protected person, or estate beneficiary depends on. The statute defines key terms broadly, covering accountants, attorneys, fiduciaries, physicians, psychologists, registered nurses, guardians ad litem, and expert witnesses.