Awards Of Probate Fees And Costs, Which Are Equitable In Nature, Are Hard To Overturn.
In Healy v. Donnelly, Case Nos. G060968 et al. (4th Dist., Div. 3 Jan. 17, 2023) (unpublished), co-trustees got into various trust accounting disputes, eventually settling on the eve of trial and agreeing that the probate judge could entertain motions for attorney’s fees and costs. Co-trustee Healy sought $116,097.90 in fees and $6,697.89 in costs, but the probate court only awarded $49,492.50 in fees. Co-trustee Donnelly sought $211,471.25 in fees and $9,256.90 in costs, all of which were awarded. Both sides appealed, claiming they did not get enough in fees or fees should not have been awarded at all.
The 4/3 DCA, in an opinion authored by Acting Presiding Justice Moore, affirmed all the orders. Both co-trustees had accounting disclosure issues, although co-trustee Healy had more given how he exacerbated the litigation and was even more at blame for not providing a complete accounting as to Trust B. The lesson here is that probate fee/costs awards are equitable in nature, with it being hard to overturn how a probate judge viewed things as far as ultimately awarding fees and costs when acrimonious proceedings are involved.