Cases: Probate

Probate/Substantiation of Fees: $693,876.02 Extraordinary Fee Award To Estate Administrator’s Attorney Affirmed On Appeal

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

No Res Judicata Impact From Prior Fee Denial; Daily Substantiation Requirements Do Not Govern Probate Fee Awards.      This post will definitely interest probate practitioners. Aside from the fact that it involves a fairly substantial “extraordinary fee” award, it also demonstrates that the appellate courts will be demanding on application of res judicata principles and […]

Probate: Trustee’s Attorney Not Entitled To Full Fees Where Record Showed Attorney Did Not Protect Remainder Beneficiary Interests

Cases: Probate

$7,500 Fee Award Out of Requested $36,000 In Fees Sustained On Appeal.      Here is one showing how lower courts will balance the interests of trustees and trust remainder beneficiaries when crafting fee awards. (Boy, these terms take us back to law school probate classes, don’t they?)      In Clare v. MacCarley, Case No. B223107

Year End Wrap-Up: Mike & Marc’s Top 20 Attorney’s Fees Decisions In 2010–Part 1 of 2.

Cases: Civil Rights, Cases: Equity, Cases: Probate, Cases: Retainer Agreements, Cases: Section 998, Cases: SLAPP, Cases: Special Fee Shifting Statutes

     Above:  Wrapping It Up.       As we wish all readers the happiest of Holidays, we now present our top 20 published decisions from California appellate courts or the Ninth Circuit. This list is not meant to slight other important decisions in certain areas, but these are the ones that “rose to the top” from

Probate: Difference Between “Ordinary” And “Extraordinary” Compensation Highlighted In Recent Unpublished Decision

Cases: Probate, Cases: Standard of Review

Fourth District, Division 3 Affirms Sizable Extraordinary Fee Award Under Abuse of Discretion Standard.      Acting Presiding Justice O’Leary, in the 3-0 unpublished decision in Estate of Fernandez, Case No. G041272 (4th Dist., Div. 3 Dec. 7, 2010) (unpublished), has a nice discussion of the difference between “ordinary” and “extraordinary” compensation in the probate area

Probate: Court Order Requiring Payment Of County Counsel and Public Defender’s Fees Out Of Conservatee’s Trust Reversed On Appeal

Cases: Probate

Second District, Division 2 Determines Trust Beneficial Interest Is Not Part of Conservatee’s Estate.      In Conservatorship of the Person and Estate of George, Case No. B221327 (2d Dist., Div. 2 Oct. 27, 2010) (unpublished), the trial court ordered fees for a conservator, County Counsel (counsel for guardian), and Public Defender (counsel for conservatee) paid

Probate: Attorney’s And Accountant Fees Properly Payable By Trust

Cases: Probate

Probate Code Section 16247 So Authorizes.      Although published on other issues, Manson v. Shepherd, Case No. H034019 (6th Dist. filed Sept. 3, 2010, ordered partially published Sept. 30, 2010, fee award discussion unpublished), reminds probate practitioners representing trustees to invoke Probate Code section 16247 for obtaining reimbursement of attorney’s fees for trust administration work.

Probate and POOF!: $13.364 Million Fee Award Against Trustee Under Probate Code Section 17211(b) Evaporates

Cases: POOF!, Cases: Probate

  Second District, Division 3 Finds Trustee Had Reasonable Cause to Contest Beneficiary Claims.      In our category “Probate,” we previously have examined Probate Code section 17211(b), which allows attorney’s fees to be awarded to a beneficiary contesting a trustee’s account if the lower court determines that the trustee’s opposition was made without “reasonable cause”

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