Cases: Probate

Probate: 4/3 DCA Remands For Recalculation/Reduction Of Surcharge Against Personal Representative Removed For Breach Of Fiduciary Duty, But Affirms Attorney Fees Award Despite Trial Court’s Erroneously Stated Statutory Basis

Cases: Probate

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. […]

Probate, Section 1717: Attorney’s Fee Award Of $172,885 Affirmed Against Attorney/Law Firm Who Assisted Free-Lance Paralegal In Converting, To Free-Lance Paralegal’s Benefit, The Inheritance Of A Vulnerable, Impoverished, Paraplegic Beneficiary

Cases: Probate, Cases: Section 1717

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,”

Probate: Case Goes To The 4/3 DCA A Second Time For Trustee’s Attorney Fees With 4/3 DCA Overturning Lower Court’s Ruling To Reduce

Cases: Probate

4/3 DCA Declares The Reduction Undermined And Improperly Limited The Authority Of The Trustee To Pay Attorney Fees And Was An Abuse Of Discretion.             Well, folks, in the famous words of Yogi Berra, “It’s déjà vu all over again.”              In a July 15, 2016 post, we reported on Shelton v. Larson, and

Probate: Beneficiary Presumed To Be Missing Or Deceased Surfaces In Time To Unsuccessfully Object To Settlement Of Trust And Approval Of $295,000 In Attorney Fees To Trustee

Cases: Probate

Trustee’s Efforts Were Reasonable And Appropriate For The Benefit Of The Trust And Resulted In Restoration Of Beneficiary’s Trust Benefits.             Father of two sons was trustee to the trust established in his late wife’s name in Polonsky v. Polonsky, Case Nos. B290480 and B293958 (2d Dist., Div. 3 November 22, 2019) (unpublished).  The trust

Probate: No Abuse Of Discretion In Lower Court’s Denial Of Probate Code § 2642 Petition For Attorney Fees Of $64,398.75 And $4,145.31 Costs To Law Firm Representing Co-Guardians Of Minor’s Estate

Cases: Probate

Law Firm Failed To Cease Work As Instructed By One Of The Co-Guardians.             Probate Code § 2105(c)(1) requires that “[w]here there are two guardians or conservators, both must concur to exercise a power.”  Unfortunately for the law firm seeking fees in Guardianship of the Estate of L.T., Case No. B288733 (2d Dist., Div.

POOF!, Probate: Four Successor Trustees’ Attorney’s Fees Of $74,824.50 Went POOF! Based Upon Failure To Show One Beneficiary Petition Was Prosecuted In Bad Faith And With No Differentiation Of Fees Between Two Petitions

Cases: POOF!, Cases: Probate

Trustees Failure To File A Respondents’ Brief Sealed The Result!             A beneficiary filing two petitions concerning two qualified personal residence trusts likely was shocked when a probate court granted $74,824.50 in attorney’s fees to four successor trustees after beneficiary voluntarily dismissed petitions after obtaining some desired results.  Beneficiary did well to appeal in Sterne

Prevailing Party, Probate: Appellate Court’s Reversal Of A Probate Court Asset Characterization Required A Reexamination Of Whether Trustee’s Attorney’s Fees Were Proper Because She Was Really The Prevailing Party

Cases: Prevailing Party, Cases: Probate

A Re-Do Was Ordered To Be Done By The Trial Judge In The First Instance.             In Placencia v. Strazicich, Case No. G055631 (4th Dist., Div. 3 Nov. 26, 2019) (published), our local Santa Ana appellate court reversed a trial judge’s characterization of bank account funds which had led the lower court to award attorney’s

Probate: Beneficiary’s Continuous Bad Faith Objections To Trustee’s Activities and Accountings Cost Him A Surcharge Of $153,245.25 In Attorneys Fees and $11,339.79 In Costs

Cases: Probate

Beneficiary’s Contention That Trial Court Erred In Concluding His Objections Were Made In Bad Faith Was Not Supported With Evidence Or Authority.             In Ettinger v. Gaskin, Case No. B287857 (2d Dist., Div. 3 November 4, 2019) (unpublished), two brothers, Roger and Arnold, were beneficiaries to their parents’ trust.  After their father passed, their

Experts, Probate: First District Affirms $24,755.60 Expert Costs Award And $180,285.25 Fees Award, Which Included $8,245 In Fees On Fees, To Defendants Successfully Contesting Decedent’s New Will

Cases: Probate

Plaintiff Seeking To Probate New Will Was Decedent’s Long-Time Attorney Friend Who Drafted And Benefited From New Will.             A person challenging the validity of a will on the grounds of undue influence or lack of testamentary capacity bears the burden of proof under Probate Code § 8252(a).  This burden shifts, under Probate Code §

Appealability, Probate: Trustee’s Attorney’s Appeal Of Order Denying Fees Without Prejudice Was Not A Final Appealable Order

Cases: Appealability, Cases: Probate

Appeal Was Dismissed, But Attorney Could Renew Request In Civil Court.             In Katzen v. Callan, Case No. G055985 (4th Dist., Div. 3 Sept. 23, 2019) (unpublished), the 4/3 DCA—in an opinion authored by Presiding Justice O’Leary—dismissed an appeal by a trustee’s former attorney denying a fee request because the denial was without prejudice.  So,

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