Cases: Probate

Probate Code’s Equitable Principles Supported The End Result.               In Gorman v. Lavery, Case No. B271527 (2d Dist., Div. 6 Sept. 18, 2017) (unpublished), a probate court awarded $101,787.26 in attorney’s fees and costs to a residual trust beneficiary against a co-trustee/other trust beneficiary relating to mismanagement of a family trust after a breach […]

Construction Of Probate Code Section 17211(b) Was Involved.             Although unpublished, the Fifth District confronted the scope of Probate Code section 17211(b), the provision allowing assessment of attorney’s fees against a trustee who contests an accounting unreasonably and in bad faith, in Brown v. Jimenez, Case No. F073156 (5th Dist. Sept. 12, 2017) (unpublished).            

Lower Court Did Not Err In Failing To Set An Evidentiary Hearing, Because He Considered Relevant Documents In The File As Far As Fee Apportionment.             Two Probate Code sections figures prominently in the resolution of the next case, Estate of Webb, Case No. A146787 (1st Dist., Div. 1 Aug. 29, 2017) (unpublished), which involved

    Judge’s Familiarity With The Work Sealed The Deal.               In Estate of Redlich, Case No. D069436 (4th Dist., Div. 1 May 22, 2017) (unpublished), a probate judge awarded “extraordinary fees” for attorney trust work, with the losing party claiming that this was error because the judge did not allow an evidentiary hearing. 

    However, Cost Denial Reversed So That Lower Court Can Exercise Discretion.               A cantankerous beneficiary, who sent 8,000 – 10,000 emails to trustee during the period of his service, moved to recovery Probate Code section 17211 attorney’s fees and also routine costs based on having partial success in opposing trustee/lawyer’s fees for

  However, No Basis To Award Fee Recovery Against Litigants Personally, Versus Against Their Trustee Shares.       On January 19, 2017, we posted on Pizarro v. Reynoso, Case No. C077594 (3d Dist. Mar. 28, 2017) (published), where a trustee was found reliable and won some attorney’s fees in probate battles against other family members. This

    Trial Judge Rightly Found Set Aside Issue Needed To Be Addressed In A Separate Proceeding.       In Sheen v. Sheen, Case No. B268762 (2d Dist., Div. 8 Mar. 10, 2017) (unpublished), relieved attorneys representing a trust successfully recovered an attorney’s fees judgment by which moneys were received from the trust. Trust beneficiaries then

  Beneficiary Failed To Show Fee Entitlement As A Matter Of Law.       In Morgan-Perales v. Savage, Case No. G052317 (4th Dist., Div. 3 Mar. 9, 2017) (unpublished), an assigned trial judge surcharged a trustee’s interest in a primary trust asset for failure to make rental payments, awarded a beneficiary attorney’s fees for successfully challenging

Single Probate Asset Cannot Be "Double Dipped" In Single-Asset LLC Context.     Bock v. Superior Court, Case No. B267174 (2d Dist., Div. 2 Mar. 6, 2017) (unpublished) is a case which involves ordinary compensation for probate attorneys representing personal representatives of a probate estate under Probate Code section 10810–calculated on a sliding scale based on the

Trial Court Denial on Bad Faith Basis Sustained Against Brother, Even Though Reasonable Cause Element Was Met.     Koppl v. Zimmerman, Case No. A146743 (1st Dist., Div. 1 Feb. 27, 2017) (unpublished) is a good illustration that in order to recover expenses from a beneficiary, a trustee has to prove both that a beneficiary in