pjc-family-2024-lib

PJC 250.3

A TTORNEY ’ S F EES

4. For representation at the merits briefing stage in the Supreme Court of Texas. Answer: _______________ 5. For representation through oral argument and the completion of proceedings in the Supreme Court of Texas. Answer: _______________ COMMENT Source. Question 1 in the foregoing submission is based on Tex. Est. Code §352.052(a), (b). The definitions of “good faith” and “just cause” are derived from Ray v. McFarland , 97 S.W.3d 728, 730 (Tex. App.—Fort Worth 2003, no pet.), and Collins v. Smith , 53 S.W.3d 832, 842 (Tex. App.—Houston [1st Dist.] 2001, no pet.); see also In re Estate of Lynch , 350 S.W.3d 130, 140 (Tex. App.—San Antonio 2011, pet. denied). While Tex. Est. Code §352.052(a), (b) contains the phrase “whether or not successful,” the Committee has found no definitive case law on whether its inclu sion in the question is appropriate. To recover attorney’s fees in a will contest, a party must obtain a finding of good faith and just cause. In re Estate of Lynch , 350 S.W.3d 130, 140–41 (attorney’s fees denied on jury finding that will proponent in losing will contest did not act in good faith and with just cause). However, the Committee notes that in certain circumstances a finding of good faith and just cause may be presumed. See Miller v. Anderson , 651 S.W.2d 726, 728 (Tex. 1983); In re Kam , 484 S.W.3d 642, 654–55 (Tex. App.—El Paso 2016, pet. denied). Successful prosecution of will contest by interested person. In a case to which Tex. Est. Code § 352.052(c) applies, attorney’s fees may be awarded only in the event of a successful will contest. For such will contests, omit Question 1 and substitute the following for the initial paragraph in Question 2: What sum of money do you find to be necessary expenses and dis bursements, including reasonable attorney’s fees, to prosecute this suit to contest the validity of the document dated DATE ? Identifying document. Any appropriate wording to identify the document may be used in place of the document dated DATE in the questions. For example, the docu ment might be identified by its exhibit number. Guiding considerations. The Committee believes that principles applicable to fee-shifting cases generally also apply when attorney’s fees are sought from an estate. See Rohrmoos Venture v. UTSW DVA Healthcare, LLP , 578 S.W.3d 469, 484 (Tex.

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