Cases: Probate – Page 23 – Cal Attorneys Fees

Probate: Trustee Winning Jury Trial On Trust Breach Claims But Losing Subsequent Equitable Trial Was Wrongly Denied Fees Because Jury Resolutions Were Binding

October 10, 2009

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 […]

In The News and Follow Up On Past Posts Of Interest: Suleman Action And Choi/Great Park Updates . . . Plus, A Look At the New Court of Appeal Building in Santa Ana

August 22, 2009

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

Trustees: You Can Rejoice …. Nonsanction Attorney’s Fees Should Be Awarded Against You In Representative (Not Personal) Capacities

Cases: Bankruptcy Efforts, Cases: Probate

July 10, 2009

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

Court-Appointed Conservatorship Attorney Fees: Lower Court Discretion Is Wide To Award Fees to Conservatee’s Court-Appointed Counsel

Cases: Probate

June 17, 2009

Fourth District, Division 1 So Holds in Unpublished Decision.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

Probate: Trust Payment Of Attorney’s Fees Must Be Documented Specifically Once Objections Are Made

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

April 29, 2009

First District, Division 1 Makes the Point for Specific Substantiation in Recent Unpublished Decision.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

Conservatorships: Attorney Presenting Adverse Interests Had No Standing To Appeal Fee Award, Which Was Justified Based On Services Of Conservatee’s Attorney

Cases: Probate

April 1, 2009

Second District, Division 8 Affirms Fee Award to Attorney for Conservatee. Conservatorships frequently happen to be sad cases, involving sad facts, litigious factions, and fee awards bitterly contested by relatives. This next case is no exception to the rule. In Conservatorship of Gilly, Case No. B201971 (2d Dist., Div. 8 Mar. 30, 2009)

Probate: Trust’s Attorney’s Fees And Trustee Removal Sanctions Sustained On Appeal

Cases: Probate

March 2, 2009

Fourth District, Division 1 Affirms Fees and Sanctions Awarded in Long Running Battle Between Trust Beneficiaries. Probate proceedings bring out all the nuances of human beings, in what frequently boils down to a struggle over trust or estate assets between disgruntled family members. However, California does authorize awards of attorney’s fees to professionals that

Probate Settlement: Heir Loses Matter Encompassed By Settlement Agreement Fee Clause, Suffering Adverse Award Of $51,205.36 In Costs and Attorney’s Fees

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Probate

February 23, 2009

Second District, Division 5 Sustains Award Based on Broad Fees Clause in Settlement Agreement and Confirms 60 Day Fee Deadline Does Not Apply in Probate Litigation Matters. Most of the time in probate matters, attorney’s fees are awarded for services to an estate. (Estate of Trynin, 47 Cal.2d 265, 272-273; see also cases

Probate: Trustee Entitled To Interim Attorney’s Fees Award To Cover Accounting And To A Return Of Trust Distributions To Cover Future Administrative Fees

Cases: Probate

January 27, 2009

Second District, Division 6’s Holding Designed to Promote Trust Administration by Trustees. Probate practitioners, pay attention—we have a recent unpublished case that should be of interest in your area of expertise. In Kasperbauer v. Fairfield, Case No. B200076 (2d Dist., Div. 6 Jan. 26, 2009) (unpublished), trust beneficiaries obtained orders substituting a

Ellen Peck’s January 2009 Article In California Bar Journal Has Nice Tips For Recovering Fees in Contingency, Limited Partner, Executor, and Client Fee Sharing Representations

Cases: Ethics, Cases: Probate, Cases: Quantum Meruit, Cases: Referral Agreements, Cases: Retainer Agreements, CONTINUING LEGAL EDUCATION

January 6, 2009

Ms. Peck Reviews Stroud, Shimko, Miller, and Strong Decisions. Ellen R. Peck, a former State Bar Court judge and Encino solo practitioner, has written a fine article in the January 2009 edition of the California Bar Journal with astute tips of upfront, prophylactic actions that can be taken for successfully recovering fees in