Distribution Allowed, But Subject to Attorney’s Lien.
Just to show you that trial and appellate courts do seriously consider attorney’s interests, here is one in the probate context that highlights this in spades.
In Middleton v. Roos, Case No. A130329 (1st Dist., Div. 5 Sept. 26, 2011) (unpublished), among other issues, executor attempted to obtain certain distributions of his mother’s estate assets without any exposure for his counsel’s work on behalf of the estate.
Not gonna happen, ruled the trial court, in a determination affirmed on appeal.
Pursuant to Probate Code section 11640(a), the payment of estate debts takes priority over the distribution of the estate to the estate’s beneficiaries (such as executor). The expenses of administration, including an attorney’s allowed compensation, are given the highest priority. (Prob. Code, § 11420(a)(1).) Simply because the probate court would not allow a distribution of estate proceeds, without an express waiver of compensation from attorney providing valuable services, was no abuse of discretion but properly within the ambit of the law. The distribution could be made, but subject to the attorney’s lien. Viva la estate attorneys in this one!