Trusts and Estates

Ca. Trs. & Estates Quarterly 2020, Volume 26, Issue 2

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.

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