An estate challenge to trusts that incurred attorney fees for meritless litigation would be an improper use and dissipation of estate assets since the beneficiaries could and did present the position attacking the trusts without the involvement of the estate. There was no conflict of interest. The trial court did not commit an abuse of discretion in authorizing the payment of attorney fees in this case. Finally, petitioner argues the executor's account should be audited. The executor has a duty to account to the probate court.
All interested parties are to be notified of the hearing on the account.
All but two paragraphs of petitioner's argument in his brief challenge the fees of the attorneys. The probate court's approval of accounts was not against the manifest weight of the evidence. Last, we note that the executor asserts that the petitioner has thwarted efforts to close the estate and make final distribution and has served notice of his intention to persist in renewing objections previously ruled upon. The record does suggest petitioner's actions have been detrimental and costly to the other residuary beneficiaries as well as all who take from the estate. Frivolous proceedings should not be condoned and, if petitioner's actions are frivolous, sanctions are appropriate.