Home > Uncategorized > >Review of Recent Trust/Estate Cases About Attorneys’ Fees

>Review of Recent Trust/Estate Cases About Attorneys’ Fees

>1. Donahue v. Donahue (Calif. Ct. of Appeal, 4th Dist., 2/24/2010), holding that a trustee is not entitled to payment of attorneys’ fees from the trust for the trustee’s defense against a beneficiary’s allegations where the trustee does not establish that the attorneys’ fees were reasonable in amount, necessary to litigation, and reasonable for the benefit of the trust.

2. Leader v. Cords (Calif. Ct. of Appeals, 4th Dist., 3/23/2010), holding that trust beneficiaries who prevailed on their challenge of the trustee’s account and refusal to make a final distribution based on a collateral or separate non-trust related issue were entitled to recover their attorneys’ fees.

David Tate, Esq.
http://davidtate.us

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