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 In Estate of Lund, Case No. A156410 (1st Dist., Div. 1 June 3, 2020) (unpublished), a decedent’s son appealed two attorney’s fees awards which were rendered in a probate matter.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 In Cronin v. Hurst, Case No. G057303 (4th Dist., Div. 3 May 8, 2020) (unpublished), a trustee, who was found to have engaged in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,”
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
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
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.
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
