Cases: Probate

Probate: Second District, Division Three Concludes That Res Judicata Prevented Respondents from Relitigating Probate Dispute, and Also Deprived Trial Court of Grounds to Determine that Appellant Had to Pay Fees and Costs

Cases: Estoppel, Cases: Probate

Probate Case Has Nice Summary of Principles of Res Judicata/Collateral Estoppel      The Court of Appeals early on telegraphed the train wreck that is this case with the understated observation, “The relationship between the siblings was not optimal.” Estate of Redfield, Case No. B216190 (2nd Dist. Div. 3 4/5/11) (certified for publication).

Probate Two-Fer: Fees Allowable To Executor/Heir As A Party Assisting Court And Beneficiary Properly Awarded Fees As A Surcharge Against Trust For Trustee‘s Breach of Fiduciary Duties

Cases: Probate

       Wow, March 22 was a busy, busy day for attorney’s fees topics in both state and federal courts. Here come a lot of posts, starting with our category “Probate.” Probate Code section 11704(b) at Issue in Estate of Bartsch, Case No. A126925 (1st Dist., Div. 1 Mar. 22, 2011) (certified for publication).     

Probate/Substantiation Of Fees: Fee Denial Based On Failure To Allow Further Submissions Of Detailed Fee Substantiation Deemed An Abuse of Discretion

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

$101,178.62 in Attorney Work Must Be Reconsidered For Beneficial Result.      In the past, we have discussed many cases which hold that billing records must be presented to the court (as well as the trustee) when an attorney is seeking reimbursement for probate court litigation work. This stems from the trial court’s “special responsibility” to

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

Scroll to Top