In Re Estate of James A. Price

Syllabus

In this estate case, appellant, decedent's son, and appellee, decedent's partner of twenty-seven years, are the beneficiaries of decedent's will. The will appointed the parties co-executors, and they served in this capacity for several months until disputes arose between them and this litigation ensued. In its final order, the trial court found in favor of appellee on every disputed issue. On appeal, appellant raises issues concerning the trial court's: (1) rulings during trial; (2) final order; and (3) award of attorney's fees to appellee. Both parties ask for an award of appellate attorney's fees. Because the evidence does not support the attorney's fee amount awarded to appellee, and because the trial court failed to consider the relevant reasonableness factors, we vacate this award and remand for a new determination of reasonable attorney's fees owed to appellee. The trial court's orders are otherwise affirmed. We grant appellee's request for appellate attorney's fees, and we deny appellant's request for same. Appellee's request for frivolous appeal damages is denied.