Cases: Probate

Appealability, Probate, Reasonableness Of Fees: Trustee’s Failure to Appeal Prior Separately Appealable Order On Fees Was Dispositive On Most Issues

Cases: Appealability, Cases: Probate, Cases: Reasonableness of Fees

As Far As Amount Of Fees, Failure To Include A Reporter’s Transcript Was Equally Damning.             In Padlan v. Graves, Case No. A159576 (1st Dist., Div. 3 Sept. 17, 2021) (unpublished), a trustee was ordered to pay certain attorney’s fees to a beneficiary based on reneging on a mediation settlement agreement.  That order was made […]

Probate: Attorney’s Fees Made Payable By The Trust For Trustee Beating Back Misconduct/Malfeasance Claims As To Trustee’s Accountings Were Proper

Cases: Probate

Broad Equitable Powers Of The Probate Court So Allowed, Even Though Section 17211(a) Was Denied As A Fee Entitlement Basis.             In Key v. Tyler, Case No. B298739 (2d Dist., Div. 2 Aug. 30, 2021) (unpublished), trustee successfully defended accountings from charges of misconduct, self-dealing, and malfeasance as brought by a sister beneficiary of a

Probate: Routine And Extraordinary Probate Attorney’s Fees Are Normally Payable Out Of The Estate

Cases: Probate

Appellate Court Rejected Ordering That Payment Of Fees And Costs Should Come From Personal Representative’s Attorney.             In the probate area, Estate of Anderson, Case No. A161729 (1st Dist., Div. 1 Aug. 17, 2021) (unpublished) confirms the general rule that routine and extraordinary probate attorney’s fees are normally payable out of the probate estate.  These

Probate, SLAPP: Trial Court SLAPPING Trustee/Joining Beneficiary’s Disinheritance (No Contest Clause) Petition Properly Granted $13,889 In SLAPP Fees Against Trustee/Joining Beneficiary In Their Individual Capacities

Cases: Probate, Cases: SLAPP

CCP § 1026 Was The Governing Costs Allocation Statute Regarding SLAPP Fee Award.             Although this case is must reading for probate practitioners on the scope of actions for which “no contest” clauses encompass, Cadena v. Vose, Case No. F080428 (5th Dist. July 28, 2021) (unpublished) shows how fees awardable under the SLAPP statute can

Probate: Beneficiary Successfully Defeating Settlement Agreement Based On Subject Matter Jurisdiction Argument Improperly Denied A Request For Fees

Cases: Probate

Any Argument Was Circular—Subject Matter Jurisdiction Win Did Not Mean Fee Request Evaporated, So A Remand Was In Order.             A beneficiary won a successful defense to a trustee’s effort to enforce a settlement agreement on the basis that the probate court lacked subject matter jurisdiction to enforce that agreement, but the beneficiary was denied

Probate, Section 1717: Section 1717 Prevailing Party Attorney Fees Of $84,402 Awarded To Plaintiff Pursuant To Trust’s No-Contest Clause Reversed On Appeal

Cases: Probate, Cases: Section 1717

No Basis For Fees Under No-Contest Clause Because Trust And Its Terms Were Not Contested, And Plaintiff Forfeited Argument For Fees Under Prob. Code § 17211(b) By Not Raising It Below.             In Haley v. Konatich, Case No. A160725 (1st Dist., Div. 2 June 29, 2021) (unpublished), three siblings were the beneficiaries of their late

Probate: Attorney Fees And Costs Awarded Under § 17211(b) Against Trustee, Who Opposed Petition For An Accounting, Affirmed On Appeal – Along With Denial Of Trustee’s Request For Fees Under § 15684

Cases: Probate

Trustee’s Opposition To Remainder Beneficiaries’ Petition For An Accounting Was Without Reasonable Cause And Was In Bad Faith.             Trust beneficiaries normally – even if they prevail – pay their own attorney fees when challenging a trustee’s conduct.  However, as the saying goes, there is an exception to every rule. Pursuant to Prob. Code §

Appeal Sanctions, Probate: 4/1 DCA Grants Brothers’ Request For $25,087.91 In Appeal Sanctions Against Sisters And Orders Sisters To Pay Additional $8,500 Sanction To The Clerk Of The Court

Cases: Appeal Sanctions, Cases: Probate

Sisters Were Previously Found To Be “Vexatious Litigants” Under Code Civ. Proc. § 391(b), Forfeited Claims On Appeal By Failing To Raise Them In The Trial Court And Failing To Follow Appellate Procedures, And Sought To Relitigate Claims Previously Decided By The Appellate Panel.             Family members were involved in disputes over their deceased mother’s

Family Law, Probate, Sanctions: Lower Court Properly Sanctioned Putative Spouse’s Attorney $3,617.50 Under CCP § 128.7 For Filing A Frivolous Putative Spouse Petition

Cases: Family Law, Cases: Probate, Cases: Sanctions

Putative Spouse Failed To Show She Had A Legal Marriage With The Respondent Under Indian Law, Based On A Res Judicata Finding In A Prior Conservatorship Petition Proceeding.             The problem for putative spouse and her attorney in Nijjar v. Nijjar, Case No. F078265 (5th Dist. June 10, 2021) (unpublished) is that they earlier lost

Probate: Trustee Removal Petition Fee Request Properly Denied And Beneficiary’s Fee Request Correctly Denied Given Accounting Was Rejected For Future Determination

Cases: Probate

Trustee Removal Petition Fees Are Discretionary In Nature.             In Albrecht v. Albrecht, Case No. B306601 (2d Dist., Div. 4 June 7, 2021; posted June 8, 2021) (unpublished), successor trustee appealed a probate court’s order declining to award fees for an opposing side’s demurrer to a petition to remove the trustee.  Beneficiary moved for fees

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