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 […]
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 Sept. 23, 2020) (unpublished), a beneficiary in a long-standing trust dispute withdrew objections to a final distribution/termination of the trust on
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
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 .
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
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 In Estate of Lund, Case No. A156410 (1st Dist., Div. 1 June 3, 2020) (unpublished), a decedent’s son appealed two attorney’s fees awards which were rendered in a probate matter.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
Although Appealing The Section 17211(b) Fees Award, Trustee Argued Against The Prior Bad Faith Finding And Not Against The Amount Of Fees Awarded Or Beneficiary’s Statutory Entitlement To Them. In Cronin v. Hurst, Case No. G057303 (4th Dist., Div. 3 May 8, 2020) (unpublished), a trustee, who was found to have engaged in
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
Personal Representative Repeatedly Failed To Timely File Accurate Inventory & Appraisal and Accountings With The Court, Spent Estate Funds Without Authorization, Showed Hostility Toward Beneficiary, Failed To File Tax Returns, And Failed To Understand The Effect Of The Pour-Over Will Executed By Decedent. In Karamooz v. Karamooz, Case No. G056897 (4th Dist., Div.
The Trial Court Properly Awarded The Fees Pursuant to Civil Code Section 1717 Based On Provisions In The Escrow Agreement Drafted By Attorney/Law Firm Even Though That Agreement Was Determined By The Trial Court To Be Invalid. The 2/8 DCA described this next case as being “prompted by a sordid chain of events,”
