Appellate Court Rejected Ordering That Payment Of Fees And Costs Should Come From Personal Representative’s Attorney.
In the probate area, Estate of Anderson, Case No. A161729 (1st Dist., Div. 1 Aug. 17, 2021) (unpublished) confirms the general rule that routine and extraordinary probate attorney’s fees are normally payable out of the probate estate. These expenses are not a personal charge against the executor, much less the executor’s attorney. (Estate of Wong, 207 Cal.App.4th 365, 375 (2012); Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore, 162 Cal.App.4th 1331, 1339 (2008).)