Cases: Probate

  Conservatorship Was Established, But Equity Supported Award As Well.      No one in Conservatorship of Zilberstein, Case No. B23420 (2d Dist., Div. 7 July 25, 2012) (unpublished) argued that granddaughter did not have good intentions in filing a conservatorship petition for her grandmother given some suggestion that her two children were unduly influencing the […]

  Assignment of Interests in Probated Estates Focuses on Probate Code section 11604.      Part of doing this blog is that we get to learn different substantive areas. Today, we learned something in the area of probate law.      In Estate of Castrillo, Case No. A133446 (1st Dist., Div. 4 June 28, 2012) (unpublished), an

  Bus. & Prof. Code Section 6148 Did Not Compel Different Result.      The First District, Division 2 in Estate of Wong, Case No. A132295 (1st Dist., Div. 2 June 27, 2012) (published) decided that attorneys were not foreclosed from obtaining a court award for fees from a probate estate for performing ordinary services under

  Sixth District Has a Nice Discussion of Probate Code Provisions Allowing Fee Recovery in Trust Administration Activities (Even After Trustee Is Discharged).      Estate of Gill, Case No. H03629 (6th Dist. May 4, 2012) (unpublished) is a case where an attorney son trustee had to fight some trust administration diversion claims brought by two

  Suing Beneficiary Not Entitled to Fee Recovery Given Trustee’s Actions Were Found to Not To Be in Bad Faith.      Lowe v. Holk, Case No. E053071 (4th Dist., Div. 2 Apr. 26, 2012) (unpublished) involved a fight between trustee son and beneficiary daughter over certain assets of father and trustee son’s administration of the

  Appellate Court Also Discusses Timing of Fee Petition As It Relates To Conservatorship Final Accountings Under Local S.F. Court Rule.      Conservatorship of Xie, Case No. A133079 (1st Dist., Div. 3 Apr. 17, 2012) (unpublished) was a situation where the appellate court affirmed a trial court’s 40% reduction of fees and costs claimed from

  Trustee Did Not Surmount Deferential Abuse of Discretion Standard Applicable to Fee Denial.      Crookshanks v. Crookshanks, Case No. B231580 (2d Dist., Div. 3 Mar. 26, 2012) (unpublished) is a sad probate case where a trustee was denied some “extraordinary” attorney’s fee requests for administering a trust. Instead, the trial court determined that trustee’s

  Appellate Decision Delineates When Fee Recovery Allowable to Trustee in Probate Proceedings, But Sustains $175,000 Additional Fee Award Against Trustee Contesting Activities In Bad Faith.      Stephens v. Gaustad, Case No. G045073 (4th Dist., Div. 3 Mar. 13, 2012) (unpublished) admittedly was a “split decision” on when a trustee can recoup attorney’s fees expended