As we read more and more cases on fee awards, we are struck about how both trial and appellate courts really like litigants to be reasonable and do not condone litigation that goes on and on in a fashion derided by Charles Dickens some time ago. These next two cases illustrate how the protracted […]
Third District Finds Advance Payment of Fee by Trustee for Trust Administration Work Was Proper. Some judges, like the lower court, in the next case we discuss are under a misapprehension that trust administration attorney’s fees have to always be approved by the court and cannot be advanced by the trustee. That is simply
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 filed Sept. 3, 2010, ordered partially published Sept. 30, 2010, fee award discussion unpublished), reminds probate practitioners representing trustees to invoke Probate Code section 16247 for obtaining reimbursement of attorney’s fees for trust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.
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”
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 In DeRosa v. Masi, Case No. E045145 (4th Dist., Div. 2 June 25, 2010) (unpublished), trustee was ordered to personally reimburse part of a loan used for attorney’s fees in probate litigation battles with a beneficiary substantially prevailing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
