§ 15-10-605 — Compensation and costs - assessment - limitations

Colorado § 15-10-605

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: General Provisions, Definitions,

Text

(1) If the
court determines that any proceedings pursuant to this code or any pleadings filed
in such proceedings were brought, defended, or filed in bad faith, the court may
assess the fees and the costs, including reasonable attorney fees, incurred by the
fiduciary and other affected parties in responding to the proceedings or pleadings,
against an estate, party, person, or entity that brought or defended the proceedings
or filed the pleadings in bad faith. Nothing in this section is intended to limit any
other remedy, sanction, or surcharge provided by law.

(2) If any person entitled to compensation under this part 6 is required to
defend the reasonableness of compensation or costs in a proceeding, the court may
review the fees and costs incurred by the person in defending the compensation or
costs, and the fees incurred in challenging the compensation and costs, and may
assess the reasonable fees and costs incurred in the proceeding as the court deems
equitable. The court may allocate fees or costs assessed pursuant to this
subsection (2) in favor of or against the estate or any party, person, or entity
involved in the proceeding as justice and equity may require.

(3) A person who is unsuccessful in defending the reasonableness of
compensation or costs at a hearing shall not be entitled to recover the fees or costs
of that defense as the court deems equitable.

(4) A fiduciary who is unsuccessful in defending the fiduciary's conduct in a
proceeding pursuant to this code alleging breach of fiduciary duty shall not recover
the fees or costs of that defense as the court deems equitable.

Legislative History

Source: L. 2011: Entire part added, (SB 11-083), ch. 101, p. 301, � 1, effective August 10.