(1) If the court determines that any proceedings pursuant to this code or any pleadings filed in such proceedings were brought, defended, or filed in bad faith, the court may assess the fees and the costs, including reasonable attorney fees, incurred by the fiduciary and other affected parties in responding to the proceedings or pleadings, against an estate, party, person, or entity that brought or defended the proceedings or filed the pleadings in bad faith. Nothing in this section is intended to limit any other remedy, sanction, or surcharge provided by law.
If any person entitled to compensation under this part 6 is required to defend thereasonableness of compensation or costs in a proceeding, the court may review the fees and costs incurred by the person in defending the compensation or costs, and the fees incurred in challenging the compensation and costs, and may assess the reasonable fees and costs incurred in the proceeding as the court deems equitable. The court may allocate fees or costs assessed pursuant to this subsection (2) in favor of or against the estate or any party, person, or entity involved in the proceeding as justice and equity may require.
A person who is unsuccessful in defending the reasonableness of compensation orcosts at a hearing shall not be entitled to recover the fees or costs of that defense as the court deems equitable.
A fiduciary who is unsuccessful in defending the fiduciary's conduct in a proceedingpursuant to this code alleging breach of fiduciary duty shall not recover the fees or costs of that defense as the court deems equitable.
Source: L. 2011: Entire part added, (SB 11-083), ch. 101, p. 301, § 1, effective August 10.