Cases: Probate

Family Law, Lien For Attorney Fees, Probate:  Wife Had Authority Under Family Law Equal Management Principles To Engage Attorney For Personal Injuries Incurred By Incapacitated Husband

Cases: Family Law, Cases: Liens for Attorney Fees, Cases: Probate

Also, In Contested Probate Proceedings, An Evidentiary Hearing Is Required Unless Parties Stipulate To Using Affidavits Or Declarations.             Maldonado v. Giblin, Case No. H041417 (6th Dist. Dec. 27, 2017) (unpublished) is a prime example showing how appellate jurists are attuned to gender equality issues and legislative changes aimed at promoting such equality in the […]

Probate:  Ex-Trustee’s Payment Of Fees To Her Attorney After Removal And Then Filing Belated Accounting Justified Trial Court Order Having Her Refund The Paid Fees

Cases: Probate

Probate Fee Awards Are Subject To Broad Equitable Discretion By Probate Court.             Cicerone v. Kennedy, Case No. B278452 (2d Dist., Div. 6 Nov. 13, 2017) (unpublished) illustrates that probate judges are granted a large amount of discretion in awarding attorney’s fees to a trustee for a trustee’s attorney work, with the important caveats they

Probate:  Sibling Correctly Allowed Recovery Of Fees For Prevailing In Undue Influence Proceeding Under Probate Code Section 859

Cases: Probate

Bad Faith For Purposes Of Fee-Shifting Statute Can Be Based On Circumstantial Evidence.             Probate courts, at essence, are courts of equity.  As such, in California, there are many Probate Code sections which allow litigants recovery of attorney’s fees and expenses.  Probate Code section 859 is one of those fee-shifting provisions, allowing recoupment of fees

Probate:  Party Filing Competing Conservatorship Petition Erroneously Awarded Attorney’s Fees/Costs Of $39,966.63

Cases: Probate

Competing Petition Did Not Facilitate Appointment Of A Conservator Under Probate Code Section 2640(c).             Conservatorship of Ireland, Case No. B276915 (2d Dist., Div. 1 Oct. 31, 2017) (unpublished) involved a situation where two sons (Dana and John) filed competing conservatorship petitions for conservatorship of their mother after Dana had been appointed temporary conservator.  The

Probate:  Residual Trust Beneficiary Entitled To Rounded $102,800 In Fees/Costs From Co-Trustee, Payable By The Trust But 80% From Future Trust Distributions To Co-Trustee (Also A Beneficiary)

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

Probate:  In Interesting Statutory Interpretation Issue, Fifth District Concludes That Trustee Can Face Fee Exposure For No Accounting At All And For Obtaining A Breach Of Fiduciary Duty Surcharge

Cases: Probate

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).            

Probate:  Probate Court’s Apportionment Of Ordinary Probate Attorney’s Fees Under Probate Code Section 10814 Was No Abuse Of Discretion

Cases: Probate

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

Probate:  No Absolute Right To Evidentiary Hearing On “Extraordinary” Trust Attorney Fees Where No Specific Offer Of Proof Was Made As To Relevancy

Cases: Probate

    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. 

Probate:  Beneficiary Properly Denied Section 17211 Fee Recovery

Cases: Probate

    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

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