Appellate Court Was Peeved At Appeal Of Costs Award Under $2,000. Bilaver v. Bilaver, Case No. B296881 (2d Dist., Div. 3 Apr. 27, 2021) (unpublished) is another reality check where two brothers appealed a $1,910.84 costs award in favor of an indispensable party probate estate. Because it was an indispensable party, the estate did […]
Client’s Death Did Not Transform Completed Civil Litigation Into A Probate Administration Task For Which The Probate Court Could Award Fees, Nor Did Client’s Death Waive Requirement That Attorney’s Charging Lien Had To Be Adjudicated. In Belcher v. Bakkers, Case No. G058893 (4th Dist., Div. 3 April 5, 2021) (unpublished), attorney seeking payment
No Conservator Was Ever Appointed, And Mother Never Became A Conservatee, As The Parties Settled The Litigation Without Need For A Conservatorship. In Conservatorship of Brokken, Case No. B303898 (2d Dist., Div. 6 March 15, 2021) (published), two adult children petitioned to establish a conservatorship for their mother – over her vigorous objections
The Reason Was That The Record Did Not Show Whether The Services Benefited Minor Also And Whether They Were Reasonable In Nature. In Guardianship of Soto, Case No. C078801 (3d Dist. March 9, 2021) (unpublished), attorney for minor’s guardians were awarded two rounds of attorney’s fees under Probate Code section 2642(b), which provides that
Attorney Appealed Reduction With Only Speculation As To How The Probate Court Reached Amount Awarded – Providing No Reporter’s Transcript Or Settled Statement On Appeal. In Conservatorship and Estate of Bessard, Case No. A156773 (1st Dist., Div. 2 January 29, 2021) (unpublished), an attorney who had been appointed by the probate court to represent
Only Three Forms Of Specified Misconduct Give Rise To Fee Entitlement, With None Present Here. Probate Code section 859 provides that “If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of [estate] property[,] . . . the person may, in the court’s discretion, be liable for reasonable
Although No True Successor Trustee Was Appointed, Legal Services To The Person Administering The Trust Were Proper Because The Services Benefited The Trust And Because Person’s Services Were Ratified Through A Settlement Agreement. In Orsinger v. Kemp & Associates, Inc., Case No. B303111 (2d Dist., Div. 6 Jan. 20, 2021) (unpublished), son of a
Fees To Three Firms Representing Trustee In Multiple Venues Was Just Fine In This Context. A beneficiary under a trust, which engaged in a long-standing dispute against trustee in multiple venues (California superior court, California appellate court, U.S. bankruptcy court, and the Ninth Circuit Court of Appeals), was not happy when well-documented fees incurred
Failure To Provide The Appellate Court With An Adequate Record Doomed Self-Represented Son’s Appeal. In Estate of Greer, Case No. C087492 (3rd Dist., December 21, 2020) (unpublished), decedent’s will gave his entire estate to the trustee of his trust – with his son and stepdaughter each being a fifty percent beneficiary – and
Trustee Violated Statutory Duties And His Attorney Missed Analysis Of Other Beneficiaries’ Claims, Such That The Large Reduction Was In Order. We know our blog has a diverse readership. Thank you all for following us, especially in these unprecedented times. Now, we have one for probate practitioners—yes, we remember you and will post on
