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 Dohr v. Lintz, Case No. G046091 (4th Dist., Div. 3 Oct. 31, 2012) (unpublished), authored on behalf of a unanimous panel by Acting Presiding Justice Rylaarsdam, shows that a fee claimant needs to have a firm fee entitlement basis in […]
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
$131,000 Fee Award Exposure Was the Result. In Conservatorship of Sims, Case No. B227813 (2d Dist., Div. 4 July 26, 2012) (unpublished), wife was hit with a judgment for breach of fiduciary duty in an action brought by the conservator of deceased husband’s estate, mainly based on obtaining a quitclaim deed transfer through
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 No one in Conservatorship of Zilberstein, Case No. B23420 (2d Dist., Div. 7 July 25, 2012) (unpublished) argued that granddaughter did not have good intentions in filing a conservatorship petition for her grandmother given some suggestion that her two children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 In Estate of Castrillo, Case No. A133446 (1st Dist., Div. 4 June 28, 2012) (unpublished), an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 May 4, 2012) (unpublished) is a case where an attorney son trustee had to fight some trust administration diversion claims brought by two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 Lowe v. Holk, Case No. E053071 (4th Dist., Div. 2 Apr. 26, 2012) (unpublished) involved a fight between trustee son and beneficiary daughter over certain assets of father and trustee son’s administration of the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
Scaling Back to One Fifth Meant that a Fee Fixing Remand Was Necessary. Here is a very pragmatically-based decision from our local Fourth District, Division 3 appellate court, dealing with a situation where a lower court fixed fees on the premise that a higher compensatory award was in play when a prior appellate
