Adversarial Beneficiary Losing the Fight May Be Held Responsible for Winner’s Attorney’s Fees. Family feuds can be bitter, as the next case demonstrates. They also can result in being saddled with attorney’s fees depending how the trial court rules, given that some equitable doctrines like the common fund doctrine are very broad and […]
Fourth District, Division 2 Found Trustee Brought it on Himself. In DeRosa v. Masi, Case No. E045145 (4th Dist., Div. 2 June 25, 2010) (unpublished), trustee was ordered to personally reimburse part of a loan used for attorney’s fees in probate litigation battles with a beneficiary substantially prevailing on several key issues. Trustee’s main
Fourth District, Division 3 Finds Grandchildren’s Action Did Not Contest a Trustee’s Account, So That There Was No Fee Entitlement under Section 17211(b) –Soria Tale. An award of attorney’s fees under California law always depends on answering a crucial preliminary question—is there a fee entitlement basis based on contract or statute. The answer
Fourth District, Division 1 Also Provides Guidance on Fee Recovery For Family Code Section 1102 Violations. Well, for all of you probate practitioners out there, the Fourth District, Division 1 has issued an interesting unpublished decision on a fee award that fell based on a subsequent reversal on major issues in the case.
Second District, Division 6 Upholds Fee Award Exceeding $49,000. In order to avoid a waiver, a litigant needs to challenge fee entitlement in proceedings below. Porco v. Helm, Case No. B211138 (2d Dist., Div. 6 May 17, 2010) (unpublished) involved a trustee who was removed via a petition which requested “such attorney’s
Trustee Awarded Fee and Costs Based on Trial Court’s Determination that Beneficiary Presented Petition for Breach of Trust and Removal in Bad Faith. “No good deed goes unpunished.” Although this saying frequently captures the moment, the next case actually demonstrates the opposite—a trustee’s kindness to his sister in a probate estate situation was
Appellate Court Faces First Impression Issue of Construing “Contests the Trustee’s Account” Language in Statute. Probate Code section 17211(b) gives discretion to award attorney’s fees to a trust beneficiary who “contests the trustee’s account,” if the court determines the trustee’s opposition to the contest was “without reasonable cause and in bad faith.” The
Beneficiaries Did Get Fees From Trust “Common Fund” Doctrine, But Did Not Hit Trustee For Fee Recovery. Let us tell you, probate cases are tough and pit familial members at each other in bitter disputes. The next case is no different and shows how both lower/appellate courts labor with these difficult controversies. Two
Fourth District, Division 3 Finds That Fee Recordkeeping and Trust Litigation Expenses Must Be Scrutinzed Closely to Determine if Fees Were Reasonable and Appropriate From a Trust Benefitting Perspective. Donahue v. Donahue, Case Nos. G040628/G041503 (4th Dist., Div. 3 Feb. 24, 2010) (certified for publication), is sure to be a widely cited opinion when
Second District, Division 3 Finds Lack of Hearing Notice and Failure to Stipulate to a Temporary Judge Required As Bases For Overturning Order. A commissioner awarded a court-appointed conservatee’s attorney fees of $9,170 payable out of the estate. Conservatee’s husband appealed the fee order, obtaining a reversal in Conservatorship of Davis, Case No.
