Cases: Probate

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      Dohr v. Lintz, Case No. G046091 (4th Dist., Div. 3 Oct. 31, 2012) (unpublished), authored on behalf of a unanimous panel by Acting Presiding Justice Rylaarsdam, shows that a fee claimant needs to have a firm fee entitlement basis in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

Probate: Attorney Representing Petition In Conservatorship Proceeding Entitled to Fee Award Under Probate Code Section 2640.1 And Equitable Grounds

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      No one in Conservatorship of Zilberstein, Case No. B23420 (2d Dist., Div. 7 July 25, 2012) (unpublished) argued that granddaughter did not have good intentions in filing a conservatorship petition for her grandmother given some suggestion that her two children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

Probate: Denial Of Fee Recovery To Attorney Having Assignment Of Heir’s Distributive Share In Retention Agreement Remanded For Reconsideration

Cases: Probate

  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

Probate: Attorneys Seeking Payment Of Fees From Estate For Ordinary Services Under Probate Code Section 10810 Were Not Foreclosed By Lack Of Written Retention Agreement

Cases: Probate

  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

Probate: Attorney Trustee Does Receive Judicial Acknowledgment That $213,274.18 In Fees Incurred In Defending His Trustee’s Actions Were Justified

Cases: Probate

  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

Probate: Trustee Who Was Not Removed And Found To Have Acted In Good Faith, Albeit Surcharged For Some Claimed Expenses, Was Allowed Some Fee Recovery

Cases: Probate

  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

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