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 Crookshanks v. Crookshanks, Case No. B231580 (2d Dist., Div. 3 Mar. 26, 2012) (unpublished) is a sad probate case where a trustee was denied some “extraordinary” attorney’s fee requests for administering a trust.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 Stephens v. Gaustad, Case No. G045073 (4th Dist., Div. 3 Mar. 13, 2012) (unpublished) admittedly was a “split decision” on when a trustee can recoup attorney’s fees expended
Although Controlling the Litigation, Nonsignatory Had No Rights Assigned Under The Fees-Clause Bearing Settlement Agreement. Estate of Bennett, Case Nos. G043050 et al. (4th Dist., Div. 3 Mar. 8, 2011) (unpublished), although a probate action, actually is a Civil Code section 1717 fees clause case, with the fee award affirmed by a 3-0
Probate Code, § 10814 Allows For Apportionment, But Prior Counsel Did Not Prove Why Allocation Was Warranted. Probate Code section 10810 allows an attorney representing the executor of a probate estate to obtain compensation for ordinary services, calculated as a percentage of the estate. Section 10811 allows the attorney additional compensation for extraordinary
Intermediate Court Actually Reverses Trial Court Cut in Fee Award to Attorney, Citing Excellent Result and Extraordinary Work of Attorney. Here is one that we do not see that often. At the lower court level, an attorney had a 40% contingency fee agreement to represent a disabled, mentally incompetent worker who suffered
Independent Tort versus Statutory Violation Didn’t Need to be Addressed Here. Estate of Hazewinkel, Case No. D058282 (4th Dist., Div. 1 Dec. 9, 2011) (unpublished) is interesting in its discussion of potential fee entitlement under California’s Elder Abuse Act statute, Welfare and Institutions Code section 15657.5(a). Although it reversed the denial of
No Abuse of Discretion in Acrimonious Probate Proceedings. Probate proceedings are another area where emotions run high as well as attorney’s fees for the combatants. Losing combatants can be hit with fees/costs for the winner’s efforts, and trustees may have to restore fees/costs paid from a trust where the court determines that these
Crucial Inquiry Is Whether Temporary Conserator Acted In Good Faith and in Best Interest of Conservatee. Strange procedural cases actually produce new law, which is what happened in Conservatorship of Cornelius, Case No. A131495 (1st Dist., Div. 4 Nov. 15, 2011) (certified for publication). In this one, a 73-year old widower, who
Gotta Have a Basis, Or Else Fee Recovery is Toast. [Above: April 1942. Ann Rosener, photographer. Library of Congress.] In Estate of Brown, Case No. G043780 (4th Dist., Div. 3 Oct. 4, 2011) (unpublished), a lower court awarded $38,000 in attorney’s fees to respondents in a bitter probate petition battle in which appellant
Distribution Allowed, But Subject to Attorney’s Lien. Just to show you that trial and appellate courts do seriously consider attorney’s interests, here is one in the probate context that highlights this in spades. In Middleton v. Roos, Case No. A130329 (1st Dist., Div. 5 Sept. 26, 2011) (unpublished), among other issues, executor
