We have discussed before Probate Code section 17211(b), which allows a beneficiary the ability to collect attorney’s fees and costs in a situation where the lower court determines that a trustee contested an accounting challenge petition without reasonable basis–with the statute being guided by an objectively reasonable standard akin to that utilized in malicious prosecution actions. (Uzyel v. Kadisha, 188 Cal.App.4th 866, 927 (2010) [discussed in our Sept. 23, 2010 post].)
Although winning determinations that a trustee breached fiduciary duties, petitioner was disappointed when the lower court refused to award fees against the trustee. However, petitioner’s appeal in Young v. Humphrey, Case No. H036803 (6th Dist. Mar. 18, 2013) (unpublished) was unsuccessful because trustee had actually prevailed on some damage contentions such that she had an objectively reasonable belief in opposing some of the claims under Uzyel.