Cases: Probate

Probate: $21,053.33 In Attorney Fees Awarded To Stepdaughter Executor, Which Included § 10811 Additional Fees For Extraordinary Services, Affirmed On Appeal Along With $5,075 In § 859 Penalties Imposed Against Decedent’s Son

Cases: Probate

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               In Estate of Greer, Case No. C087492 (3rd Dist., December 21, 2020) (unpublished), decedent’s will gave his entire estate to the trustee of his trust – with his son and stepdaughter each being a fifty percent beneficiary – and […]

Probate: Lower Court’s Decision To Reduce Removed Trustee’s Requests For Attorney Fee Reimbursement By 75% Was No Abuse of Discretion

Cases: Probate

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

Probate: Interim Fees Awardable Out Of Trust Were Compensable To Attorney Assisting Trustee On Appeal

Cases: Probate

No Appellate Costs Awarded Per Se, But Probate Court Has Broad Powers To Award Attorneys Assisting Trusts Even On An Interim Basis.             A beneficiary/removed trustee was flummoxed that the probate court approved the successor trustee’s request for payment of interim attorney’s fees and costs incurred in representing the trust on appeal out of the

Deadlines, Probate: Trustee Obtaining $285,363.10 Fee Award Against Beneficiary Who Brought Objections In Bad Faith Affirmed On Appeal

Cases: Deadlines, Cases: Probate

Probate Code Sections, Contractual Fee Provisions, And Equitable Powers Provided Fee Entitlement, With CRC 3.1702 Fee Motion Filing Deadlines Not Applicable To Probate Proceedings.             In Rudnick v. Rudnick, Case No. F079105 (5th Dist. Sept. 23, 2020) (unpublished), a beneficiary in a long-standing trust dispute withdrew objections to a final distribution/termination of the trust on

Probate: $48,625 Out Of Requested $68,175 In Extraordinary Attorney’s Fees Under Probate Code Section 10811 Affirmed On Appeal

Cases: Probate

No Abuse Of Discretion Shown By Probate Judge.             Probate Code section 10811 gives a probate court discretionary authority to allow fees for extraordinary services by an attorney for the personal representative of an estate, with examples being listed in CRC, rule 7.703(c).  Furthermore, Probate Code section 10832 authorizes the probate court to allow extraordinary

Appealability, Probate: Plaintiff’s Appeal Of Trial Court’s Interim Order Allowing Defendant Trustee Access To Trust Funds For Defense Is Rendered Moot When Trial Court Issues New Order Effectively Granting Same Relief As Appealed Order

Cases: Appealability, Cases: Probate

Unique Provision Of The Probate Code Provided An End Run Around The Stay Created When Plaintiff Appealed And Posted A Bond.             Probate Code § 1310(b) provides that, “for the purpose of preventing injury or loss to a person or property, the trial court may direct the exercise of the powers of the fiduciary .

Probate: Around $300,000 In Attorney’s Fees/Costs Incurred By Petitioner In Conservatorship Proceeding Affirmed On Appeal

Cases: Probate

Conservatorship Petition Was Successful And In Mother’s Best Interests.             For those of you who have read our posts under the category “Probate,” you hopefully discerned that probate court is a court of equity, and that many of the fee decisions are guided by equitable principles.  The result in Conservatorship of Dubro, Case No. A157185

Probate: Probate Court’s Order For Attorneys Helping Resolving Ownership Claims And Rendering Tax Advice Properly Awarded

Cases: Probate

These Were Extraordinary Compensation Or Fees Properly Awarded.             In Estate of Lund, Case No. A156410 (1st Dist., Div. 1 June 3, 2020) (unpublished), a decedent’s son appealed two attorney’s fees awards which were rendered in a probate matter.  The first concerned an attorney’s efforts to resolve ownership claims by preparing a Probate Code section

Probate, Request For Admissions, Sanctions: More Than $1.8 Million In CCP § 128.5 Sanctions Went POOF! On Appeal, But RFA “Cost Of Proof” Sanctions Of Over $1 Million Stuck On Appeal

Cases: Probate, Cases: Requests for Admission, Cases: Sanctions

128.5 Sanctions Went Away Because It Did Not Apply To The Action Datewise, While RFA “Sanctions” Were No Abuse Of Discretion Even Though Substantial In Nature.             First of all, we hope all of our readers are safe—this pandemic has presented unprecedented, bizarre consequences, but hope you are well.  We are happy to report that

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