In re Estate of Dermanouelian
51 A.3d 327
R.I.2012Background
- Estate of Aram Dermanouelian appeals a Superior Court judgment affirming summary reversal of a Probate Court order.
- Probate Court struck the appearance of an attorney engaged by Co-Executor Ms. Dermanouelian to represent her in her co-executor capacity.
- Estate contends a co-executor cannot unilaterally hire counsel and that such hires impose expense on the estate.
- Ms. Dermanouelian argues she has the right to hire independent counsel at her own expense to advise her as co-executor.
- Superior Court reversed the Probate Court, ruling a co-executor may independently hire counsel at personal expense; the Estate appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a co-executor may hire independent counsel at personal expense | Dermanouelian: yes, personal right to independent counsel | Estate: no, co-executors must rely on estate-paid counsel or majority action | Yes; co-executor may independently engage counsel at personal expense |
Key Cases Cited
- Conway v. Parker, 250 N.W.2d 266 (N.D. 1977) (owner may hire his own counsel at his own expense)
- Young v. Alexander, 84 Tenn. 108 (1885) (executor liable for own counsel; personal protection and liability)
- In re Fraser, 150 N.Y.S. 774 (N.Y. 1914) (multiplicity of attorneys discouraged; separate counsel may be used)
- In re Estate of Greenberg, 146 N.E.2d 404 (Ill. App. 1957) (fluid administration vs. individualized representation considerations)
- Chancey v. West, 96 So.2d 457 (Ala. 1957) (fiduciary executor should have selection of attorney)
