In re Estate of Bockwoldt

As part of an order approving the final report of the executor of the estate of Loren S. Bockwoldt, the district court approved extraordinary attorney fees for Pete Wessels and the law firm of Stanley, Lande and Hunter (SLH), attorneys for the estate. The extraordinary services contained in the application filed by Wessels and SLH were primarily for the defense of an earlier application for fees for extraordinary services that Wessels provided to the estate. The court also approved expenses. The court found that these attorney fees and expenses were for necessary and extraordinary services to the estate pursuant to Iowa Code 633.199. The court of appeals reversed, holding that attorney fees may not be awarded for litigating an application for attorney fees under chapter 633. The Supreme Court vacated the court of appeals and affirmed the district court in part and reversed in part, holding (1) extraordinary attorney fees may be awarded for defending a fee application in district court and on appeal; but (2) the case must be remanded for a hearing to determine the amount of fees to be awarded to SLH. View "In re Estate of Bockwoldt" on Justia Law