When Bad Behavior Creates Unnecessary Costs
Estate and trust disputes can escalate quickly. Sometimes a party or their attorney runs up fees without any real purpose.
A.R.S. 14-1105 gives courts a direct remedy. If unreasonable conduct causes fees, the court can order the responsible person to pay back the estate or trust. This also applies to a 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)The court can hold both the individual and their attorney responsible. This is unusual in Arizona law, where most fee-shifting statutes target only one side.
When the court finds unreasonable conduct, it can impose costs on either or both parties.
Protection Extends to Guardianship and Conservatorship Cases
This rule is not limited to estate and trust matters. Subsection B applies the same standard to guardianship and conservatorship cases in Arizona probate court.
If unreasonable conduct forces a ward or protected person to spend money on fees, the court can act. As a result, it shifts those costs to the responsible party.
A personal representative, trustee, guardian ad litem, or other fiduciary can seek these remedies. The statute covers accountants, attorneys, physicians, psychologists, registered nurses, and expert witnesses.
These remedies are cumulative. They do not replace other civil remedies or legal rules. They add another layer of protection against bad-faith conduct that drains key assets.