Cases: Probate

Probate/Retainer Agreements: Deceased Attorney Entitled To Contingency Fee Recovery, After His Death, Where Retainer Agreement Specified Work Could Be Delegated To Other Attorneys

Cases: Probate, Cases: Retainer Agreements

  Because Contingency Related to Work for Beneficiaries Apart from Estate Benefits, No Compliance Necessary With Probate Code Court Approval Requirements.      Okay, readers, here is an interesting cross-over case involving probate, retainer agreements, and contingency awards. The case is Sare v. Shad, Case No. C069573 (3d Dist. July 31, 2013) (unpublished).      In this […]

Probate: Trustee Found To Breach Fiduciary Duties Was Correctly Not Assessed With Frivolous Accounting Defense Fees Because Trustee Actually Won On Some Damage Claims

Cases: Probate

       We have discussed before Probate Code section 17211(b), which allows a beneficiary the ability to collect attorney’s fees and costs in a situation where the lower court determines that a trustee contested an accounting challenge petition without reasonable basis–with the statute being guided by an objectively reasonable standard akin to that utilized in

Common Fund/Probate: Grandson’s Successful Petition Increasing Trust Assets Justified Common Fund Reimbursement Of His Attorney’s Fees

Cases: Common Fund, Cases: Probate

  However, Matter Remanded Because His Estimate of Fees Did Not Satisfy Percentage of Benefit or Lodestar Analyses.      The appellate court in Johnson v. Johnson, Case No. B242770 (2d Dist., Div. 2 Jan. 31, 2013) (unpublished) agreed that grandson was entitled to recoup his attorney’s fees under a common fund theory when he successfully

Probate: Successor Trustee Denied Fees/Attorney’s Fees Where Trust Instrument Did Not Allow Successor Compensation

Cases: Probate

  Trust Instrument Trumped General Equitable Probate Code Sections.      In Thorpe v. Reed, Case No. H037330 (6th Dist. Dec. 13, 2012) (published), plaintiff was a successor trustee under a trust instrument prohibiting compensation to a successor trustee. Plaintiff sought to recover $108,771.17 from the estate for trustee and trustee’s attorney’s fees. The court awarded

Costs/Deadlines/Probate: Because Probate Code Does Not Require A Formal Judgment, 15-Day Costs Memorandum Filing Deadline Ran From Clerk Served Notice Of Ruling Denying Cross-Petition

Cases: Costs, Cases: Deadlines, Cases: Probate

       Although one living partner in a joint venture with a deceased partner lost a probate cross-petition battle regarding distribution of shares from the joint venture, living/nonprevailing partner was successful in resisting the subsequent costs award in favor of the prevailing parties.      Reason? It was untimely filed.      As explained in Friedman v.

Appealability/Deadlines/Probate: Failure To Timely Appeal Prior Order Subject To Reconsideration Motion Was Fatal To Appellate Jurisdiction

Cases: Appealability, Cases: Deadlines, Cases: Probate

  Trap for the Unwary:  Order Denying a Motion for Reconsideration Is Not An Appealable Order.      The administrator of an estate requested authorization to pay his attorney for both ordinary and extraordinary services to the estate. The trial court granted these requests in a formal order. One of the relatives of the decedent filed

Probate: Trustee Not Entitled To Attorney’s Fees In Contest Regarding Trust’s Responsibilities To Pay Beneficiary’s Living Expenses

Cases: Probate

  Cited Probate Code Sections 2622.5, 11003, and 17211 Did Not Provide Fee Entitlement.      Dohr v. Lintz, Case No. G046091 (4th Dist., Div. 3 Oct. 31, 2012) (unpublished), authored on behalf of a unanimous panel by Acting Presiding Justice Rylaarsdam, shows that a fee claimant needs to have a firm fee entitlement basis in

Probate: Leader II Reverses And Remands Fee Award To Beneficiaries Under Probate Code Section 17211(b) For Presentation Of New Evidence By Trustee On Bad Faith Issue

Cases: Probate

  Trial Court Erred in Not Allowing New Proof After Prior Reversal in Leader I.      In our March 24, 2010 post, we discussed Leader v. Cords, 182 Cal.App.4th 1588 (2010) (Leader I), where the appellate court reversed a probate code order denying Probate Code section 17211(b) fees to beneficiaries who were petitioning for an

Scroll to Top