Who Pays the Attorneys' Fees?

Attorneys evaluating disputes involving beneficiaries or fiduciaries should remember that the American Rule, stating that each party must pay his own legal fees, does not always apply in trusts and estates litigation. A recent example is In re Niles1, in which the New Jersey Supreme Court by a 3-2 majority created an exception to the rule, holding a fiduciary who benefits by exerting undue influence

Attorneys evaluating disputes involving beneficiaries or fiduciaries should remember that the American Rule, stating that each party must pay his own legal fees, does not always apply in trusts and estates litigation.

A recent example is In re Niles1, in which the New Jersey Supreme Court by a 3-2 majority created an exception to the rule, holding a fiduciary who benefits by exerting undue influence may be surcharged for counsel fees incurred by those who undo the un

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