Cases: Probate

Probate: Beneficiary Winning Undue Influence Challenge To Adverse Trust Amendment Entitled To Appellate Fees Under Trust’s “No Contest” Expense Clause

Cases: Probate

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 […]

Probate: Trustee Successfully Winning Baseless Accounting Challenge Not Entitled To Reimbursement Of Expert Witness Fees

Cases: Probate

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 B283677/B286574 (2d Dist., Div. 4 April 18, 2019) (unpublished), a trustee prevailed in a battle by co-beneficiaries challenging certain accountings.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

POOF!, Probate: Plaintiffs’ Award Of $500,000 In Attorney Fees Necessarily Falls With Reversal And Remand Of Trial Court’s Judgment On Appeal

Cases: POOF!, Cases: Probate

The Trial Court’s Inconsistencies In Its Findings And A Lack of Substantial Evidence Means A New Trial Is Required To Re-Evaluate The Claims And Defenses.             Miranda v. Alford, Case No. G054897 (consolidated with G055167) (4th Dist., Div. 3 March 8, 2019) (unpublished) is a case involving a man’s wife of eight years, and

Probate: Brother Properly Denied Fees In Failing To Obtain Conservatorship Over Mother

Cases: Probate

His Anger Over Another Probate Dispute Was The Driving Cause So That Claimed Conservatorship Fees Were Unreasonable.             Probate is one of those areas where attorney’s fees recoveries are guided, overwhelming, by equitable principles. Reaume v. Reaume, Case No. G054759/G054864 (4th Dist., Div. 3 March 12, 2019) (unpublished) well demonstrates this reality.             There, one

Probate: Where Judgment Was Satisfied, Trial Court Erred In Awarding Post-Satisfaction Fees Against Satisfying Objector

Cases: Probate

4/3 DCA Also Determines Probate Court Section 859 Allows Doubling, But Not Trebling, Of Damages.             Objector in Conservatorship of Ribal, Case No. G056105 (4th Dist., Div. 3 Jan. 18, 2019) (published) was ordered to return funds to the conservatorship and, on remand, the trial court awarded conservator post-judgment attorney’s fees incurred in attempts to

Probate: Trust Beneficiary Obtaining Concrete Substantial Benefits On Behalf Of The Trust Was Entitled To Have $721,258.28 In Attorney’s Fees, Expert Fees, And Costs Paid From The Trust

Cases: Probate

2/6 DCA Has Nice Discussion Of Similarities And Differences Between The Substantial Benefit Versus Common Fund Theories Of Fee Recovery.           Generally, trust beneficiaries must pay their own attorney’s fees incurred in challenging a trustee’s conduct, even if they ultimately succeed. (Leader v. Cords, 182 Cal.App.4th 1588, 1595 (2010).) However, a court in its equitable discretion

Probate: Probate Court’s Failure To Entertain Evidentiary Objections To Extraordinary Fees Results In Reversal

Cases: Probate

Although Not Raised Artfully, Merits Of Objections Required An Evidentiary Hearing.             Estate of Willard, Case No. 282122 (2d Dist., Div. 7 Jan. 2, 2019) (unpublished) is a case where an estate administrator of his mother’s estate did not gain any attention to his challenges to an attorney’s request for statutory and extraordinary probate fees.

Common Fund, Probate: Decedent’s Son By A Prior Relationship Successfully Defended A Will Contest, Creating A Common Fund From Which Attorney’s Fees Were Appropriately Paid By The Estate

Cases: Common Fund, Cases: Probate

Although Such Fees Should Usually Be Paid Forthwith, Probate Code Has Discretion To Defer Them For Payment Until Final Distributions Are Made.             The common fund doctrine, which usually is at play in class action or probate cases, allows the person obtaining a benefit for a number of persons to be awarded attorney’s fees out

Costs, Probate, Section 998: Insurance Company Controlling Litigation Is De Facto Party Under Probate Code, Liable For Litigation Costs Under Rejected CCP § 998 Offer

Cases: Costs, Cases: Probate, Cases: Section 998

Because Insurance Company Controls The Litigation, Court Looks Past "Legal Fiction" That Decedent's Estate Is The Party.         Amanda Meleski was injured when Albert Hotlen ran a red light and collided with her vehicle. But by the time Mr. Hotlen could be served with a summons, he was dead. However, Mr. Hotlen had purchased

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