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Witkowski v. Gennings

4/6/2005

t.


Attorney Fees


Finally, Witkowski argues that the attorney fees incurred were for the personal benefit of Gennings and should not be considered costs of administration of the estate. However, Witkowski failed to show how she was prejudiced by the attorney fees paid. Any attorney fees involved would either be paid by Gennings personally or out of the estate, which now belongs to Gennings under the terms of the family settlement agreement. Except for $190 that she was ordered to pay Gennings at the February 27, 2003 hearing, Witkowski has not demonstrated that money coming from the estate that should have been paid to her went to pay attorney fees or that she personally paid fees to the attorneys. Without a showing of prejudice, we will not reverse. Taylor v. Hinkle, supra; see also Brown v. Brown, 222 Ark. 832, 262 S.W.2d 896 (1953) (affirming an award of attorney fees in absence of evidence that the fees were not related to work involving the estate).


Affirmed.


Gladwin and Baker, JJ., agree.






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