Probate Code Section 1003 So Allows. In Berwick v. Walsh, Case No. G054632 (4th Dist., Div. 3 Oct. 30, 2018) (unpublished), the issue on appeal was whether a probate court could award GAL fees for a mother’s husband to be paid out of mother’s share of the trust. Temporary successor trustee contested that the […]
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 Armstead v. De Macias, Case No. B284275 (2d Dist., Div. 4 Oct. 16, 2018) (unpublished) involved beneficiaries’ appeal of a probate court determination that $19,125 in attorney’s fees and $537.94 in costs should be awarded to trustee for
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 In Savage v. Savage, Case No. A150984 (1st Dist., Div. 1 Oct. 15, 2018) (unpublished) [parenthetically, maybe a good case name for court disputes – no?], two siblings
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 In an August 9, 2018 post, we discussed the unpublished opinion in Powell v. Tagami, a Fourth District, Division 1 decision relating to probate compensation for mediation work, personal litigant work, and accounting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
Blech v. Blech, Case No. B268326 (2d Dist., Div. 3 Aug. 6, 2018) (Partially Published; Fee Discussion Unpublished).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 May 24, 2018) (unpublished), the lower court granted an attorney assisting the Public Guardian as conservator after helping obtain the conservatorship appointment.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 Feb. 28, 2018) (unpublished) awarded administrator’s counsel $34,492 in extraordinary fees for helping the court address ambiguities in a will, drafting a special needs trust, and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
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
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
