Cases: Probate

However, Lack Of Admissible Evidence Did Require A $78,000 Reduction In The Total Surcharges.             Justice Fybel in Bronson v. Jones, Case No. G055462 (4th Dist., Div. 3 Sept. 13, 2019) (unpublished), except in two respects, affirmed a lower court’s surcharging of a former trustee’s attorney’s fees based on her bad faith conduct as a […]

Common Fund Doctrine Or Expenses Of Administration Theory Justified Compensation.             In Estate of Ochoa, Case No. A150018 (1st Dist., Div. 2 Aug. 27, 3019) (unpublished), a dispute arose involving intestate inheritance rights between statutory heirs of the decedent and siblings of the decedent’s predeceased spouse erupted, with the probate court determining the estate should

Probate Court’s Conclusion Of No Bad Faith By Trustee Was Factual And Deferential Standard Meant It Was Held Up On Appeal.             The opinion in Mappus v. Mendonca, Case No. A149974 (1st Dist., Div. 4 June 20, 2019) (unpublished) demonstrates that motives for probate proceedings do make a difference and that a lower court determination

Fee Entitlement Existed Under Probate Code Sections 21351 And 17211.             In Estate of Ashlock, Case Nos. F076941 et al. (5th Dist. May 3, 2019) (unpublished), a prevailing party in a complex probate case with high stakes was awarded $1.867 million out of a requested $2.885 million, which included a positive 1.5 multiplier. Losing party

Probate Code Section 11420 Dictated, Although Appellate Court Was Disturbed By Administrator’s Counsel’s Potential Conflicts Of Interest.             In Estate of Steinberg (Hooy & Hooy v. Steinberg), Case No. A150046 (1st Dist., Div. 2 April 30, 2019) (unpublished), a law firm serving as counsel for an initial administrator of a probate estate had payment of

Lower Court’s Denial of Winning Beneficiary’s Appellate Fees Reversed In This Appeal.             One beneficiary in Key v. Tyler, Case No. B283979 (2d Dist., Div. 2 April 19, 2019) (published) successfully challenged a disinheriting, adverse trust amendment as being the product of undue influence by the trustee, who was also a trust beneficiary. Winning beneficiary

Nothing In General Costs Statutes Or Probate Code Section 17211 So Allows.            In Ramirez v. Rue, Case Nos. B283677/B286574 (2d Dist., Div. 4 April 18, 2019) (unpublished), a trustee prevailed in a battle by co-beneficiaries challenging certain accountings. Trustee won because the probate court determined the contested accounting dispute was brought/prosecuted in bad faith and