Cases: Probate

  Shelton v. Larson, Case No. G050935 (4th Dist., Div. 3 July 13, 2016) (Unpublished).     In this first one, trustee’s fees and attorney’s fees incurred by trustee were denied altogether in disputes with trust beneficiaries, further complicated by the fact that the probate court never determined the trustee engaged in willful misconduct or gross […]

  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

  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     On April 16, 2016, we posted on Conservatorship of Bower, a Fourth District, Division 3 decision which was unpublished at the time.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

  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      In Conservatorship of Bower, Case No. G050468 (4th Dist., Div. 3 Apr. 15, 2016) (unpublished), our local Fourth District, Division 3, courtesy of authoring Justice Bedsworth on behalf of a 3-0 panel, dealt with a probate

  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

  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 A137825/A138421 (1st Dist., Div. 3 Jan. 21, 2016) (unpublished) involved a contentious probate dispute involving an income beneficiary, an independent trustee, and remainder beneficiary, with remainder

  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     Although the discussion on the fee issue was unpublished, a trustee needs to know that it must understand objections and respond to them soundly in a probate accounting context for purposes of avoiding fee exposure.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