Only One-Third in Extraordinary Compensation Granted to Attorney Under Probate Code Section 10811. Attorney for personal estate representatives was only awarded $20,912.50 out of a requested $62,737.50 in extraordinary compensation under Probate Code section 10811(a), which allows for such an award “in an amount the court determines is just and reasonable.” Unhappy, he appealed […]
Court of Appeal Examines Various Provisions on Awarding Probate Fees and on Having Trust Pay the Fee Awards. In two somewhat companion cases, the Fourth District, Division 2 has done a nice job of examining various Probate Code statutes relating to the award of attorney’s fees and where they should be paid from.
Fifth District, in Published Decision, Supports Broad Equitable Powers of Probate Courts. Probate contests are often donnybrooks between different beneficiaries or relatives. This next one was certainly that. However, the losing minority beneficiaries caused the trustee to expend lots of attorney’s fees, which were recouped when the probate court ruled they could be obtained
Second District, Division 8 Reverses Probate Court’s Denial of Fees. In Rutter Hobbs & Davidoff Inc. v. Bessemer Trust Co. of Calif., N.A., Case No. B209835 (2d Dist., Div. 2 Nov. 24, 2009) (unpublished), a probate judge denied trustee’s attorneys petitions for payment of attorney’s fees and costs based on their representation of the
First District, Division 1 Sees No Abuse of Discretion in Fee Awards During an Endless Probate Proceeding. The next case illustrates how a litigant may bring too many appeals such that the appellate court grows weary of the endless disputes, even though the court does its job to review a fees award through neutral
First District, Division 4 Clarifies Legal/Equitable Issue Interplay in a Mixed Action. Trustee was sued for misrepresentation, breach of fiduciary duty, and breach of trust in an action alleging that the trustee favored one beneficiary over the others in trust assets distributions. Certain legal issues were bifurcated for the jury, and certain equitable claims
Suleman Case—Guardian Ad Litem Appointment Reversed and Superior Court Judge Allows Petersen Suit to Continue. On May 9, 2009, we reported on an action filed by child rights activist Paul Petersen, who had an objective to get a guardian appointed for the octuplets of Nadya Suleman. We have some updates for you on this
Ninth Circuit So Holds In Arizona Case, But Relies on California Authorities. All of you trustees out there—whether in a probate or bankruptcy context—can breathe a little easier given the next holding from a recent Ninth Circuit case. Although involving Arizona substantive law, the Court of Appeals relied on analogous California authority so
Fourth District, Division 1 So Holds in Unpublished Decision. It is probably not a good idea to challenge the fees of a court-appointed attorney in a contentious conservatorship battle. The attorney is usually having to sort out conflicting heat from different sides, so that counsel’s application for fees will usually be granted unless
First District, Division 1 Makes the Point for Specific Substantiation in Recent Unpublished Decision. Probate law requires more specific substantiation to justify trust payments of attorney’s fees than is required in civil litigation—although our recent posts have still lobbied that time sheets and detailed breakdowns are advisable no matter what the context. The need
