Trusts and Estates
Ca. Trs. & Estates Quarterly 2020, Volume 26, Issue 2
Content
- California's Statutory Will Needs An Update To Keep Up With Duke
- Chairs of Section Subcommittees
- Editorial Board
- From the Chair
- From the Editors-in-chief
- Inside this Issue:
- Litigation Alert
- Smith V. Szeyller: Probate Court Authority For Attorneys' Fee Award Under the Substantial Benefit Doctrine For Successful Beneficiaries
- Tax Alert
- Transmutation By Deed In California Is a Risky Business
- Tips of the Trade: Propriety of Filing a Demurrer In Probate Court; Helpful Tips On Timing
- Now What? Enforcement and Collection of a Surcharge Order
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.