However, No Basis To Award Fee Recovery Against Litigants Personally, Versus Against Their Trustee Shares.
On January 19, 2017, we posted on Pizarro v. Reynoso, Case No. C077594 (3d Dist. Mar. 28, 2017) (published), where a trustee was found reliable and won some attorney’s fees in probate battles against other family members. This decision was vacated but then republished on March 28, 2017, deciding that the probate court did have basis to award fees against the losing litigants, but not personally against them versus against their shares in the trust.