Costs/Probate: Probate Code Section 1002 Does Not Allow Costs To Be Paid By Attorneys In Probate Proceeding

 

Costs Only Was The Subject Of The Opinion.

    In Sheen v. Sheen, Case No. B263952 (2d Dist., Div. 8 May 26, 2016) (unpublished), the 2/8 DCA decided that claimed fees and costs incurred on an appeal could not be sought from persons who were not liable for such costs.  Specifically, attorneys were charged with costs under Probate Code section 1002, but that provision only allows costs to be paid by any party to the proceedings, not by attorneys.  So, this one had to be reversed on this narrow basis, although there were other matters pending where the attorneys might yet have to pay moneys based on other statutes. 

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