Probate Court Has Lots of Discretion In These Types of Fee Matters. Justice Moore, on behalf of a 3-0 panel in Vaughn v. Mahurin, Case No. G048636 (4th Dist., Div. 3 Mar. 4, 2014) (unpublished), acknowledged what we have seen from reviewing “Probate” posts over a number of years—probate courts have lots of […]
Costs Were Not Governed By CCP §§ 1032 or 998 Given How the Matter Was Tried. Feuding nephew beneficiaries of a trust set up by a widow without issue tried a case in probate court involving claims of undue influence, lack of capacity, and elder abuse. The judge hearing the case, by a
Estate of Chamberlain, Case No. B245025 (2d Dist., Div. 7 Jan. 27, 2014) (Unpublished). This one was affirmed when a removed trustee was ordered to pay successor trustee’s attorney fees in connection with deposit of shares with the L.A. County Treasurer. This one has a good discussion on the difference between ordinary probate
Failure to Appeal November 2011 Order Was Fatal to Appellate Reconsideration. Conservatee’s mother in Conservatorship of Gregory D., Case No. B245533 (2d Dist., Div. 3 Dec. 30, 2013) (unpublished) was ordered to pay one-half of the attorney’s fees of conservators’ counsel. She appealed, arguing that compensation for the attorney could only be charged
Probate Court Equitable Powers Prevail. Estate of Sprott, Case No. B237989 (2d Dist., Div. 1 Nov. 22, 2013) (unpublished) is a case where a trust beneficiary of a modest trust estate of around $300,000 rang up over $100,000 in fees on bringing lots of motions which did not prevail. Ultimately, he was hit
“Contest” To An Accounting To Be Read Liberally Under Probate Code Section 17211(b). In Estate of Wizel, Case No. B237990 (2d Dist., Div. 3 Sept. 16, 2013) (unpublished), trustee–who was eventually found to have breached his duties–filed an original accounting which was objected to by some trust beneficiaries. Trustee filed a supplement to
However, Some Guidance Provided For Remand Issues. Estate of M.C., Case No. E056772 (4th Dist., Div. 2 Aug. 23, 2013) (unpublished) involved a situation where attorney for an estate guardian filed to recover attorney’s fees for fairly routine accounting services. The probate court denied the fee request under Probate Code section 2642(b) in
Broad Equitable Powers Extend To Making Trust Liable; Probate Code Section 17211(b) Exception Not Relied On By Trial Court, Mandating Reversal of Fee Award. After a prior remand from an earlier appellate decision, a trial court finally adjudicated the rights of two former co-habitants (male and female) having a Marvin agreement to own
Appellate Court Affirmed Lower Court’s Denial of Fee Request. In Estate of Bilafer, Case Nos. A135675 et al. (1st Dist., Div. 3 Aug. 20, 2013) (unpublished), a petitioner beneficiary under some family trusts appealed the denial of fees after other beneficiaries dismissed an order to show cause re contempt involving performance under a
Record Supported Probate Court’s Reduction, With That Award Being 25% Higher Than Probate Examiner Recommendation. Attorneys rendering services to a conservator can seek compensation from the court under Probate Code section 2640, with the ultimate fixing of the fee award residing in the discretion of the probate court. In Conservatorship of Rawls,
