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In re Estate of Frederick

In one issue, appellant argues that the trial court abused its discretion by taxing the ad litem fees as costs against her rather than against her son's estate. Because the text of Probate Code �34A is clear and determinative, the trial court did not abuse its discretion by applying the provisions regulating costs that govern ordinary civil proceedings and assessing costs against appellant. Fort Worth Court of Appeals, No. 2-09-133-CV, 04-08-2010

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OPINION

After a jury trial in a probate proceeding, the trial court assessed costs and attorney ad litem fees against Appellant Anieca Frederick, and she now appeals from that assessment. In one issue, she argues that the trial court abused its discretion by taxing the ad litem fees as costs against her rather than against her son’s estate. Because we hold that the trial court did not abuse its discretion, we affirm.

Anieca’s son Jason Randall Frederick died on March 13, 2008. He was survived by A.F., his minor child. Samantha Petty, A.F.’s mother, filed a petition in probate court for declaratory relief to have her status as surviving spouse established, to determine heirship, and to be appointed as administratrix of Jason’s estate. Anieca subsequently filed her application for appointment of administratrix, contested Samantha’s amended application for appointment of administratrix, and requested the court to determine heirship.

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