Angela Giguere Kumble et al. v. Michael Voccola et al.; Michael Voccola et al. v. Angela Giguere Kumble et al.

Summary

The Rhode Island Supreme Court affirmed a Superior Court judgment awarding trustees attorneys’ fees, expenses, and interest incurred in administering two testamentary trusts. The court held that interest on attorneys’ fees could qualify as a reasonable trust expense under Rhode Island General Laws § 18-6-1 and concluded that the beneficiaries’ challenges to the fee award lacked merit or were waived.

Holdings

1. The Superior Court did not abuse its discretion in awarding the trustees attorneys' fees and costs because it considered the applicable fee-reasonableness factors, including the proportionality of the award and the trustees' success on the substantial claims asserted against them.
2. Interest charged on attorneys' fees incurred in administering a trust, including interest accruing while the trustees lacked access to trust assets, is a reasonable expense incurred in the execution of the trust and is indemnifiable under G.L. 1956 § 18-6-1.
3. The beneficiaries waived their challenge to the award of fees incurred in pursuing the trustees' entitlement to compensation because they did not appeal the Superior Court's May 11, 2017 decision resolving that issue.

Questions Presented

1. Whether the Superior Court abused its discretion in awarding the trustees attorneys' fees and costs after considering the applicable reasonableness factors.
2. Whether interest charged on attorneys' fees incurred in administering the trusts constituted a reasonable and indemnifiable trust expense under G.L. 1956 § 18-6-1.
3. Whether the beneficiaries could challenge the award of fees incurred in pursuing the trustees' entitlement to compensation after failing to appeal the Superior Court's May 11, 2017 decision.

Disposition

affirmed