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 In Orsinger v. Kemp & Associates, Inc., Case No. B303111 (2d Dist., Div. 6 Jan. 20, 2021) (unpublished), son of a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 In Estate of Greer, Case No. C087492 (3rd Dist., December 21, 2020) (unpublished), decedent’s will gave his entire estate to the trustee of his trust – with his son and stepdaughter each being a fifty percent beneficiary – and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
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 Sept. 23, 2020) (unpublished), a beneficiary in a long-standing trust dispute withdrew objections to a final distribution/termination of the trust on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
