Ajudani v. Walker, 232 S.W.3d 219 (Tex. App.—Houston [1st Dist.] 2007, no pet.).

Estate Administration

Attorney ad Litem

 

After the probate court appointed an attorney ad litem, it assessed the associated costs against some of the parties individually. The appellate court held that under Probate Code § 34A, these costs are to be charged against the decedent’s estate, not the adverse party, even if the attorney ad litem represents the successful party.

Moral: Attorney ad litem expenses are to be paid by the decedent’s estate, even if the attorney ad litem wins the action which triggered the appointment in the first place. But see In re Estate of Frederick.



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