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
- Now What? Enforcement and Collection of a Surcharge Order
- 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
- Smith V. Szeyller: Probate Court Authority For Attorneys' Fee Award Under the Substantial Benefit Doctrine For Successful Beneficiaries
SMITH V. SZEYLLER: PROBATE COURT AUTHORITY FOR ATTORNEYS’ FEE AWARD UNDER THE SUBSTANTIAL BENEFIT DOCTRINE FOR SUCCESSFUL BENEFICIARIES
By Denise E. Chambliss, Esq.* and James R. Cummins, Esq.**
MCLE Article
I. INTRODUCTION
Trusts and estates attorneys are often presented with a familiar scenario: a beneficiary has concerns about a trustee’s administration of a trust and seeks counsel to ensure that the trustee is acting consistently with the trustee’s fiduciary duties, including the duty to account. In the case of a suspected or discovered breach of trust, the beneficiary’s options could be limited to litigation, an uncertain, expensive, and time-consuming endeavor, with the American Fee Rule potentially requiring the beneficiary to bear the financial burden of their legal expenses to obtain redress and recovery through the probate court.