Section 20.24 Attorney Fees

• Library: Estate Administration 2014 Supp

E. (§20.24) Attorney Fees

Section 473.340, RSMo 2000, makes no specific provision for an award of attorney fees to the prevailing party in a discovery-of-assets action. But Missouri courts have generally allowed the recovery of attorney fees when the expenses and fees “incurred by a beneficiary of an estate, rather than the personal representative [are] shown to be beneficial to the estate as a whole rather than to just individuals interested therein.” Moore v. Campbell, 904 S.W.2d 378, 383 (Mo. App. W.D. 1995) (quoting In re Estate of Murray, 682 S.W.2d 857, 858 (Mo. App. W.D. 1984)).

In Murray, 682 S.W.2d 857, a beneficiary...