CALIFORNIA FAMILY LAW
...Attorney Fees
......Actions-Types of
.........Probate
5 Cards On This Topic:
  • Trial ct. properly applied the "substantial benefit doctrine" in making an award of $700K in attorney and expert fees and costs from the assets of a trust and its subtrusts.
  • In awarding interim fees to trustee in malfeasance suit, the court must assess the probability the trustee will be entitled to fees balanced against the relative harm to all interests in the litigation.
  • Trial court properly denied trust attorney's request for trustee fees, atty fees, and costs that benefited no one but himself and sprung from his fraud, concealment, and misconduct.
  • Trial court reasonably concluded the probative value of attorney's prior acts of dubious trust creation for infirm, elderly clients substantially outweighed the potential for prejudice.
  • Attorney may enforce attorney fee lien against Trust in which client obtained an interest as a pretermitted spouse.