Cases: Probate – Page 12 – Cal Attorneys Fees

Probate: Attorney Drafter Of Will/Living Trust Subject Of Undue Influence/Fraud Presumption Liable For $1,256,971 In Fees Under Probate Code Section 21380(d) And Denied Attorney’s Fees Based On Unclean Hands

June 21, 2016

Case Involved Renowned Interior Designer John Patton. This next case involved John Patton, a renowned interior designer, who fell on bad times before he died: according to his housekeeper, he was drunk more than sober during the last sixth months of his life, howled like a dog, and fell down so as to […]

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

May 27, 2016

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 In Sheen v. Sheen, Case No. B263952 (2d Dist., Div. 8 May 26, 2016) (unpublished), the 2/8 DCA decided that claimed fees and costs incurred on an appeal could not be sought from persons who were not liable for such costs.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

Probate: Conservatorship of Bower Opinion Now Published

Cases: Probate

May 20, 2016

Case Deals With Probate Code Section 3809’s Focus On Conservatee Support Expenses, Not Conservatorship Professional Expenses. On April 16, 2016, we posted on Conservatorship of Bower, a Fourth District, Division 3 decision which was unpublished at the time. It dealt with whether Probate Code section 3809 was a proper vehicle to award conservatorship

Probate/Sanctions: $76,598.32 In Attorney’s Fees For Filing Of Frivolous Probate Petition Under CCP § 128.7 Affirmed On Appeal

Cases: Probate, Cases: Sanctions

April 30, 2016

Plethora Of Procedural Issues Considered In 2/1 DCA Unpublished Opinion. Enlisted men going through obstacle course. Daniel Field, Georgia. July 1943. Jack Delano, photographer. Library of Congress. In Kerkorian v. Mandekie, Case No. B252861 (2d Dist., Div. 1 Apr. 26, 2016) (unpublished), an attorney’s fees award of $76,598.32 (the full request) was

Probate: Probate Order Dividing Community Property To Pay For Conservatorship Fees, Inclusive Of Attorney’s Fees, Was Legally Erroneous Under Probate Code Section 3089

Cases: Probate

April 16, 2016

Section 3089 Deals With Conservatee Support and Maintenance, While Sections 2640 and 2647 Concern Conservatorship Fee Compensation. In Conservatorship of Bower, Case No. G050468 (4th Dist., Div. 3 Apr. 15, 2016) (unpublished), our local Fourth District, Division 3, courtesy of authoring Justice Bedsworth on behalf of a 3-0 panel, dealt with a probate

Appealability/Probate: Prevailing Party Determinations Under Fee-Shifting Statutes, Without Fixing Of Fee Amounts, Were Prematurely Appealed

Cases: Appealability, Cases: Probate

February 25, 2016

Once Amounts Fixed, Appeal Of Actual Postjudgment Awards Would Be Proper. The Fifth District case of Estate of Kinerson, Case No. F070309 (5th Dist. Feb. 22, 2016) (unpublished) concerned certain rulings in a probate estate about whether classic cars, shop tools and household furnishings belonged to the surviving spouse as separate property or

Probate: Daughter Not Prevailing On Probate Code Petition For Redress Based On Rejected Creditor’s Claim Properly Assessed With Adverse Fee Award Of $540,418

Cases: Probate

January 30, 2016

Probate Code Section 9354(c) Was Proper Fee Entitlement Authority, With Daughter’s Petition Found To Be Objectively Unreasonable By Lower Court. Do not think for a minute that probate proceedings cannot be time consuming, emotionally exhausting, or financially draining. Adverse fee awards can be substantial and, when there are bases for them and well-reasoned

Probate: Megillah Of A Probate Dispute Ends With Fee Award Against Income Beneficiary And Trustee Remanded After Appellate Court Reversed Substantial Portions Of Probate Court Award For Remainder Beneficiary

Cases: Probate

January 30, 2016

However, Income Beneficiary Was Assessed With $45,967.53 In Fees In Favor Of Remainder Beneficiary For Filing False Affidavit In Colorado Probate Action. DeJohn v. Wheeler, Case Nos. A137825/A138421 (1st Dist., Div. 3 Jan. 21, 2016) (unpublished) involved a contentious probate dispute involving an income beneficiary, an independent trustee, and remainder beneficiary, with remainder

Probate: Adverse Fee Awards Against Co-Trustee For Bad Accountings Affirmed On Appeal

Cases: Probate

January 11, 2016

Co-Trustee Not Understanding Objections Did Not Get It Done. Although the discussion on the fee issue was unpublished, a trustee needs to know that it must understand objections and respond to them soundly in a probate accounting context for purposes of avoiding fee exposure. In Gray v. Jewish Federation of Palm Springs

Civil Rights, Employment, Family Law, Probate, Settlement: Four Unpublished “Power Ball” Post

Cases: Civil Rights, Cases: Employment, Cases: Family Law, Cases: Probate, Cases: Settlement

October 16, 2015

Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law. In this one, after an evidentiary hearing in which the court dismissed a domestic violence restraining order (DVRO), the prevailing party recovered $7,500 out of a requested $15,800 in fees. The fee-assessed, losing party appealed, but to no