15-8-208. COST — ATTORNEY’S FEES. (1) Either the district court or the court on appeal may, in its discretion, order costs, including reasonable attorney’s fees, to be awarded to any party:
(a) From any party to the proceedings;
(b) From the assets of the estate or trust involved in the proceedings; or
(c) From any nonprobate asset that is the subject of the proceedings. The court may order the costs to be paid in such amount and in such manner as the court determines to be equitable.
(2) This section applies to all proceedings governed by this chapter including, but not limited to, proceedings involving trusts, decedent’s estates and properties, and guardianship matters. Except as provided in section 12-117, Idaho Code, this section shall not be construed as being limited by any other specific statutory provision providing for the payment of costs, unless such statute specifically provides otherwise.
History:
[15-8-208, added 2005, ch. 122, sec. 1, p. 402.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT
Section 15-8-202 - JUDICIAL PROCEEDINGS.
Section 15-8-203 - PROCEDURAL RULES.
Section 15-8-204 - NOTICE IN JUDICIAL PROCEEDINGS UNDER THIS CHAPTER REQUIRING NOTICE.
Section 15-8-205 - APPLICATION OF DOCTRINE OF VIRTUAL REPRESENTATION.
Section 15-8-206 - SPECIAL NOTICE.
Section 15-8-207 - WAIVER OF NOTICE.
Section 15-8-208 - COST — ATTORNEY’S FEES.
Section 15-8-209 - APPOINTMENT OF A GUARDIAN AD LITEM.
Section 15-8-210 - TRIAL BY JURY.