(concurring in part and dissenting in part).
ISSUE TWO
[¶ 30.] One of our basic tenets regarding attorneys’ fees is that they are not to be awarded to an adverse party absent statutory authority. Kanaly v. State, 401 N.W.2d 551 (S.D.1987); see also Estate of Weickum, 317 N.W.2d 142 (S.D.1982); Boland v. City of Rapid City, 315 N.W.2d 496 (S.D.1982). Carol erroneously relies upon SDCL 29A-3-719 and 720 as such authority. We have stated on numerous occasions, however, that before attorneys’ fees will be paid from the estate pursuant to such authority, the estate must somehow benefit from the work of the attorney submitting the bill. Guardianship of Larson, 1998 SD 51, ¶ 32, 579 N.W.2d 24, 29; Estate of Lingscheit, 387 N.W.2d 738, 741 (S.D.1986); Engebretson v. Graff, 69 S.D. 549, 12 N.W.2d 761, 763 (1944).
[¶ 31.] As her claim for redemption was brought to recover proceeds from the estate for her personal benefit, SDCL 29A-3-719 and 720 do not allow for attorneys’ fees in this instance. Carol argues that she was attempting to protect the “intent of the testator” as her grounds for maintaining this action as benefiting the estate. Her argument is without merit as the estate contest involving the heirs had already been settled prior to this redemption claim. As this Court stated in Estate of O’Keefe, 1998 SD 92, ¶ 20, 583 N.W.2d 138, 142, “Woelz has not shown how the current action to prohibit Langes from sharing in the punitive damage award benefits the Estate.” The same applies to Carol in this case as she has failed to show a benefit to *181the estate by her personal gain through the redemption claim. Carol agreed in the settlement of the contest to a certain percentage of the estate and under the redemption claim she wants more. By allowing her to recover attorneys’ fees on the redemption claim, this Court, in essence, is allowing Carol a windfall. We need not address whether the fees were excessive, as the fees incurred in the redemption claim should not have been awarded in the first place. Therefore, I would remand to the trial court to delete the attorneys’ fees attributable to the redemption claim.