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 In Sheen v. Sheen, Case No. B268762 (2d Dist., Div. 8 Mar. 10, 2017) (unpublished), relieved attorneys representing a trust successfully recovered an attorney’s fees judgment by which moneys were received from the trust.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 In Morgan-Perales v. Savage, Case No. G052317 (4th Dist., Div. 3 Mar. 9, 2017) (unpublished), an assigned trial judge surcharged a trustee’s interest in a primary trust asset for failure to make rental payments, awarded a beneficiary attorney’s fees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 Bock v. Superior Court, Case No. B267174 (2d Dist., Div. 2 Mar. 6, 2017) (unpublished) is a case which involves ordinary compensation for probate attorneys representing personal representatives of a probate estate under Probate Code section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 Koppl v. Zimmerman, Case No. A146743 (1st Dist., Div. 1 Feb. 27, 2017) (unpublished) is a good illustration that in order to recover expenses from a beneficiary, a trustee has to prove both that a beneficiary in
Case Concerns Trial Court Authority To Award Fees/Costs To Appointed Attorneys For Proposed Conservatees. This next case, Conservatorship v. Hilton, Case No. B267076 (2d Dist., Div. 2 Feb. 7, 2017) (unpublished), likely is of interest to probate/conservatorship attorneys. The Los Angeles County Superior court has a program to appoint experienced probate attorneys
However, Fees Can Only Be Imposed Against Beneficiaries’ Trust Shares, Not Imposed Personally Against Them. Driving nail in coffin. May, 1918. Library of Congress. Pizarro v. Reynoso, Case No. C077594 (3d Dist. Jan. 18, 2017) (published) is a situation where a probate court imposed attorney’s fees against beneficiaries after finding the litigants
$26,630 Fee Award Reversed On Appeal. A fertile ground for an appeal in the fee area is that the pertinent attorney’s fees clause simply does not allow for a fee recovery based on its wording where parol evidence is not introduced (and it rarely is in fee disputes). Kiwata v. Kiwata, Case Nos.
Losing Co-Trustee Had Reasonable Bases To Challenge Beneficiary’s Accounting Objections. In Levy v. Jones, Case No. G051661 (4th Dist., Div. 3 Oct. 25, 2016) (unpublished), one beneficiary/co-trustee successfully obtained a $25,000 attorney’s fees award against another co-trustee based on objections to the trustee’s accounting. The appellate court, in a 3-0 decision authored by
Probate Court Has Broad Equitable Powers To Award Fees In Trust Challenges. In Tyler v. Davis, Case No. D069463 (4th Dist., Div. 1 Sept. 21, 2016) (unpublished), a trust beneficiary and a named trustee were awarded $140,000 in attorney’s fees by a probate court after defeating challenges by other trust beneficiaries based on
