Cases: Probate

Probate: Objections To Original Trustee Accounting, Even Though Supplemented, Gave Rise To Fee Entitlement To Beneficiaries Successfully Contesting Accountings

Cases: Probate

  “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      In Estate of Wizel, Case No. B237990 (2d Dist., Div. 3 Sept. 16, 2013) (unpublished), trustee–who was eventually found to have breached his duties–filed an original accounting which was objected to by some trust beneficiaries.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 […]

Probate: Application of CCP Statute Of Limitations Bar To Probate Code Section 2642 Fee Request Found Erroneous As A Matter Of Law

Cases: Probate

  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      Estate of M.C., Case No. E056772 (4th Dist., Div. 2 Aug. 23, 2013) (unpublished) involved a situation where attorney for an estate guardian filed to recover attorney’s fees for fairly routine accounting services.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

Probate/Reasonableness Of Fees: 38% Reduction In Requested Lodestar Fee Request For Attorneys In Short Conservatorship Was No Abuse Of Discretion

Cases: Probate, Cases: Reasonableness of Fees

  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,

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 July 31, 2013) (unpublished).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

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