Trusts and Estates
Ca. Trs. & Estates Quarterly 2020, Volume 26, Issue 2
Content
- Tax Alert
- Inside this Issue:
- From the Chair
- Chairs of Section Subcommittees
- Transmutation By Deed In California Is a Risky Business
- Smith V. Szeyller: Probate Court Authority For Attorneys' Fee Award Under the Substantial Benefit Doctrine For Successful Beneficiaries
- Litigation Alert
- Editorial Board
- Now What? Enforcement and Collection of a Surcharge Order
- California's Statutory Will Needs An Update To Keep Up With Duke
- Tips of the Trade: Propriety of Filing a Demurrer In Probate Court; Helpful Tips On Timing
- From the Editors-in-chief
NOW WHAT? ENFORCEMENT AND COLLECTION OF A SURCHARGE ORDER
By Scott A. Fraser* and Ryan D. Cunningham**
MCLE Article
I. INTRODUCTION
The Probate Code governs many fiduciary relationships, and it equips judges with an arsenal of remedies to address bad behavior by fiduciaries. Although probate courts are armed with this wide arsenal, there is often just one remedy clients care about, and just one important outcome: the recovery of money to make the estate whole and, perhaps, to punish the wrongdoer.