Written by Jeremiah J. Moffit, Esq.,* Courtney A. Sorensen, Esq.* Craig S. Weinstein, Esq.,* and Sara Z. May, Esq.*
WHILE THE PROBATE COURT’S EQUITABLE POWERS DO NOT AUTHORIZE AN AWARD OF ATTORNEY FEES AND COSTS TO EXCEED A BENEFICIARY’S SHARE OF THE TRUST, A STATUTORY AWARD OF ATTORNEY FEES AND COSTS FOR A BAD FAITH CLAIM TO REMOVE A TRUSTEE IS NOT LIMITED TO THAT AMOUNT
BRUNO V. HOPKINS (2022) 79 CAL.APP.5TH 801
The Sixth District Court of Appeal held that if a beneficiary brings a bad faith petition to remove a trustee, then the probate court has statutory authority to award attorney fees and costs against a trust beneficiary that exceeds the amount of the beneficiary’s share of the trust.