Division One Notes the Difference Between "Ordinary" and "Extraordinary" Compensation From An Estate. In a case that apparently has generated roundelays of appeals, the First District, Division One did a nice job of distinguishing "ordinary" and "extraordinary" compensation from the probate estate. The Court of Appeal, in Estate of Daley, Case […]
Appellate Panel Rejects Beneficiaries’ Challenge Under Probate Code Section 11003 As Inapt. We would like to welcome probate practitioners to our blog. This is one of our inaugural posts on the discretion probate courts possess to award extraordinary fees to attorneys. Given this discretion, we would surmise that few appeals are
Proprietor’s Ratification Triggered Fee Liability to Conservator When House Sold For Less Than Its Fair Market Value. Welfare and Institutions Code section 15657.5 has a mandatory fee-shifting provision that authorizes an award of reasonable attorney’s fees and costs (including conservator’s fees devoted to litigation) when a defendant is proven liable for
Second District Awards About Only a Tenth of Requested Fees Based on Failure to Segregate Services and Comply With California Rules of Court. Here is a new area that we have not yet addressed—attorney’s fees awarded in a conservatorship. As in other substantive areas, it is necessary to provide proper substantiation
