Cases: Probate

Probate: Trust Income Beneficiary Losing Fiduciary Breach Petition Against Trustees Properly Had To Bear Trustees’ Costs Under Probate Code Section 1002

Cases: Probate

Costs Award Was Not Under General Equitable Powers, But Section 1002—Which Has No Bad Faith Requirement.             In McClatchy v. Pruitt, Case No. A160367 (1st Dist., Div. 5 May 4, 2021) (unpublished), trust income beneficiary lost a fiduciary duty petition against certain current and former trustees, with the lower court awarding trustees some litigation costs […]

Family Law, Probate: Husband Of Spendthrift Trust’s Beneficiary, Successfully Joining Trustee To Dissolution Proceeding, Potentially Entitled To Needs-Based Fees Even If No Bad Faith Demonstrated Against Trustee

Cases: Family Law, Cases: Probate

Collision Between Family Law And Probate Principles Came Out In Favor Of Section 2030.             In Marriage of Wendt and Pullen, Case No. C084083 (3d Dist. Apr. 28, 2021) (published), the Third District encountered the intersection of Family Code section 2030’s need-based fees award statute with Probate Code/spendthrift provisions relating to trust administration practices (including

Liens for Attorney Fees, Probate: 4/3 DCA Affirms Probate Court’s Denial Of Fee Petition By Attorney Who Represented Client In Civil Litigation Prior To Client’s Death

Cases: Liens for Attorney Fees, Cases: Probate

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             In Belcher v. Bakkers, Case No. G058893 (4th Dist., Div. 3 April 5, 2021) (unpublished), attorney seeking payment

Probate: Reversal Of $12,584 In Prob. Code § 2640.1 Attorney Fee Award To Two Adult Children Who Petitioned To Establish A Conservatorship For Their Mother

Cases: Probate

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

Probate: Denial Of Probate Code Section 2642(b) Fees To Attorney Representing Minor’s Guardians Reversed And Remanded

Cases: Probate

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

Probate, Reasonableness Of Fees: Probate Court’s $26,900 Reduction To Fees Request Of $73,400 By Attorney Appointed To Represent Proposed Conservatee Affirmed On Appeal

Cases: Probate, Cases: Reasonableness of Fees

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

Probate: Where Attorney Only Delayed Distribution But Did Not Conceal Or Remove Funds, Attorney’s Fees Recovery Under Probate Code Section 859 Was Improper

Cases: Probate

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

Probate: $74,970 Attorney’s Fees Award To Law Firm Providing Services To Trust Affirmed On Appeal

Cases: Probate

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

Probate, Substantiation Of Reasonableness Of Fees: Attorney Fees By Three Firms Granted To Trustee In Long-Standing Dispute Were Affirmed On Appeal

Cases: Probate, Cases: Substantiation of Reasonableness of Fees

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

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