ENDERS v. PARKER

No. S-11437.

125 P.3d 1027 (2005)

Iris ENDERS, Appellant, v. Glen PARKER, Personal Representative of the Estate of Joel W. Kottke, Appellee.

Supreme Court of Alaska.

Rehearing Denied January 17, 2006.


Attorney(s) appearing for the Case

Timothy R. Byrnes, Hughes Thorsness Powell Huddleston & Bauman LLC, Anchorage, for Appellant.

C. James Mathis, Davis & Davis, P.C., Anchorage, for Appellee.

Before: MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Alaska Statute 13.16.435 entitles personal representatives who litigate in "good faith" to recover attorney's fees and costs from the estate. Iris Enders was a personal representative who unsuccessfully challenged Joel Kottke's 1997 will. She argues here that it was error to deny her request for attorney's fees and costs under the statute. Because the good faith required by AS 13.16.435 is implied...

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