Cases: Probate

Blech v. Blech, Case No. B268326 (2d Dist., Div. 3 Aug. 6, 2018) (Partially Published; Fee Discussion Unpublished).             In this one involving a trust dispute between one objecting sibling against his other three siblings, the appellate court rejected objector’s merits challenges on appeal, which also affirmed the fee awards of $237.000 in aggregate amount […]

Probate Code Section 2642 Was Not The Right Statute, But Estate of Moore Allowed For Partial Fees To Attorney Upon Equitable Grounds.             In Conservatorship of Smith, Case No. F073436 (5th Dist. May 24, 2018) (unpublished), the lower court granted an attorney assisting the Public Guardian as conservator after helping obtain the conservatorship appointment. The

California Rules Of Court, Rules 7.702 And 7.703 Were Followed.         A probate court in Estate of Kokus, Case No. C076290 (3d Dist. Feb. 28, 2018) (unpublished) awarded administrator’s counsel $34,492 in extraordinary fees for helping the court address ambiguities in a will, drafting a special needs trust, and handling the sale of several items of

Reviewing Court Felt That Sister Also Breached Her Fiduciary Duties And Did Not Get All She Wanted, So It Was An Abuse Of Discretion To Award Her Fees Out Of Trust Property.             In what the parties themselves and the appellate court described as a dysfunctional relationship between a brother and sister who were at

Allegations Of Petition Involved Breach Of Loyalty Claims, Not Just Litigation Positions.             Gaynor v. Bulen, Case No. D07097 (4th Dist., Div. 1 Jan. 23, 2018) (published) involved a surcharge petition brought by certain beneficiaries against co-trustees which, among other things, challenge attorney’s fees claimed by the trustees.  One of the trustees filed a SLAPP

Probate Fee Awards Are Subject To Broad Equitable Discretion By Probate Court.             Cicerone v. Kennedy, Case No. B278452 (2d Dist., Div. 6 Nov. 13, 2017) (unpublished) illustrates that probate judges are granted a large amount of discretion in awarding attorney’s fees to a trustee for a trustee’s attorney work, with the important caveats they

Bad Faith For Purposes Of Fee-Shifting Statute Can Be Based On Circumstantial Evidence.             Probate courts, at essence, are courts of equity.  As such, in California, there are many Probate Code sections which allow litigants recovery of attorney’s fees and expenses.  Probate Code section 859 is one of those fee-shifting provisions, allowing recoupment of fees

Competing Petition Did Not Facilitate Appointment Of A Conservator Under Probate Code Section 2640(c).             Conservatorship of Ireland, Case No. B276915 (2d Dist., Div. 1 Oct. 31, 2017) (unpublished) involved a situation where two sons (Dana and John) filed competing conservatorship petitions for conservatorship of their mother after Dana had been appointed temporary conservator.  The