Probate Two-Fer: $237,000 In Fees Against One Objecting Sibling Stood After Merits Challenges Rebuffed And Improperly Objecting Beneficiary In Second Decision Reviewed Below Socked With $14,115.39 In Fees Under Probate Code Section 17211

Blech v. Blech, Case No. B268326 (2d Dist., Div. 3 Aug. 6, 2018) (Partially Published; Fee Discussion Unpublished).

            In this one involving a trust dispute between one objecting sibling against his other three siblings, the appellate court rejected objector’s merits challenges on appeal, which also affirmed the fee awards of $237.000 in aggregate amount as to several fee awards in favor of the three siblings. Just goes to show you that probate litigation can be expensive and even more expensive for the loser.

Powell v. Tagami, Case Nos. D072566/D073083 (4^th Dist., Div. 1 Aug. 6, 2018) (Unpublished).

            Probate Code section 17211 authorizes an award of fees against a beneficiary who improperly challenges a trustee’s accounting without reasonable cause and in bad faith. One beneficiary was hit with a $14,115.39 fee award under this provision, a determination sustained on appeal. Among other things, the appellate court found that the work and costs at mediations were justifiable, the work by a personal attorney for trustee can be compensated in the probate court’s discretion, and the bad faith of the objector was corroborated by his personal attacks on his siblings and their attorneys. That goes to show you how ad hominem attacks are never good, bolstering any findings of willfulness or bad faith in many situations.