In Re Estate of Anna Sue Dunlap, Deceased, Richard Gossum, Administrator CTA

This appeal addresses an award of attorney fees to the attorney for a decedent’s estate for services rendered on appeal. The appellant administrator of the estate is also the estate’s attorney. The administrator/attorney’s final accounting was approved by the trial court, and two of the estate’s beneficiaries appealed. The appellate court affirmed the trial court’s approval of the final accounting. On remand, the administrator/attorney filed a motion for the approval of all attorney fees incurred in the administration of the estate, including attorney fees for services rendered in the first appeal. The trial court declined to approve the attorney fees incurred on appeal, holding that such fees may be awarded in the first instance only by the appellate court. The administrator/attorney now appeals. We reverse, concluding that attorney fees for the administrator/attorney’s services rendered on appeal constitute an administrative expense of the estate, and so the request for such fees must be made in the first instance in the trial court.