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Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-65-111. Attorney's fees and costs

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) Except for the fees and costs accrued by the estate of the ward in a court-approved guardianship, attorney's fees or costs, or both, may be awarded by the court in guardianship matters only in the following instances and upon reasonable notice and an opportunity to be heard:

(1) If it is proven by clear and convincing evidence that a party has acted in bad faith or with actual malice and thereby caused another party to incur attorney's fees or costs, or both, in the guardianship action; or

(2)(A) In a guardianship matter in which the court has found a party in contempt of court and the contemptuous behavior has caused another party to incur attorney's fees.

(B) The penalty for contempt in a guardianship case is not limited to fees and may include other appropriate sanctions as determined by the court.

(b) The amount of fees or costs, or both, awarded, if any, and the time and manner of payment shall be at the reasonable discretion of the court.

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Cite this article: FindLaw.com - Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-65-111. Attorney's fees and costs - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-28-wills-estates-and-fiduciary-relationships/ar-code-sect-28-65-111/

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