Cases: Probate

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 […]

Appealability, Probate: $19,125 Attorney’s Fees And $537.94 Cost Orders Affirmed On Appeal For Beneficiaries’ Bad Faith Accounting Petition Directed Against Trustee

Cases: Appealability, Cases: Probate

Decision Reminds Us That Probate Court Orders, For Appealability Purposes, Are Determined Under the Probate Code.             Armstead v. De Macias, Case No. B284275 (2d Dist., Div. 4 Oct. 16, 2018) (unpublished) involved beneficiaries’ appeal of a probate court determination that $19,125 in attorney’s fees and $537.94 in costs should be awarded to trustee for

Prevailing Party, Probate, Section 1717: 1/1 DCA Affirms “No Prevailing Party” Determination In Hotly Contested Probate Promissory Note Dispute Between Two Siblings

Cases: Prevailing Party, Cases: Probate, Cases: Section 1717

Although Trial Court Lacked Jurisdiction Over The Dispute In California, Fee Denials On Dueling Motions Was Justified Because Siblings Had To Await Determination In Texas Action.             In Savage v. Savage, Case No. A150984 (1st Dist., Div. 1 Oct. 15, 2018) (unpublished) [parenthetically, maybe a good case name for court disputes – no?], two siblings

Probate: Powell v. Tagami Opinion Now Published

Cases: Probate

Deals With Compensability of Mediation, Personal Attorney, and Accounting Objection Fees.             In an August 9, 2018 post, we discussed the unpublished opinion in Powell v. Tagami, a Fourth District, Division 1 decision relating to probate compensation for mediation work, personal litigant work, and accounting objector work where unwarranted ad hominem attacks were levied against

Probate Two-Fer: $237,000 In Fees Against One Objecting Sibling Stood After Merits Challenges Rebuffed And Improperly Objecting Beneficiary In Second Decision Reviewed Below Socked With $14,115.39 In Fees Under Probate Code Section 17211

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: 5th Dist. Court Of Appeal Reversed Award To Atty Not Representing Conservator For Providing Assistance To Public Guardian, But Recognized Equitable Cases Allowed Partial Fee Award For Atty In Obtaining Appointment of Conservator Public Guardian

Cases: Probate

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

Probate: Administrator’s Counsel Submitted Proper Proof To Allow A Claim For Extraordinary Fee Service Compensation

Cases: Probate

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

Probate:  Appellate Court Reverses Award Of Attorney’s Fees To Resigning Co-Trustee Sister In Dysfunctional Fight With Co-Trustee Brother

Cases: Probate

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

Probate/Record: Lack Of Transcript On Probate Objection To Award Of Ordinary Fees Dooms Appeal By Objecting Party.

Cases: Probate, Cases: Record

Probate Fee Order Presumed Correct.             A probate court in Estate of Marshall, Case No. A150296 (1st Dist., Div. 2 Feb. 27, 2018) (unpublished) awarded an attorney $7,500 in ordinary attorney’s fees to a former attorney for an estate.  An objection was filed stating that the fee should be shared with a court-appointed administrator, which

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