Probate: Around $300,000 In Attorney’s Fees/Costs Incurred By Petitioner In Conservatorship Proceeding Affirmed On Appeal

Conservatorship Petition Was Successful And In Mother’s Best Interests.

            For those of you who have read our posts under the category “Probate,” you hopefully discerned that probate court is a court of equity, and that many of the fee decisions are guided by equitable principles.  The result in Conservatorship of Dubro, Case No. A157185 (1^st Dist., Div. 5 June 25, 2020) (unpublished) is consistent with those principles.

            There, a fifth sibling successfully obtained results for his mother against four other siblings in a conservatorship proceeding involving mother, resulting in revoking a power of attorney for one sibling and obtaining appointment of a professional fiduciary requested by the fifth sibling as conservator.  Fifth sibling Dennis moved for more than $300,000 in attorney’s fees and costs based on the conservatorship results, with the lower court—in line with a special master report—granting almost all except for a minor reduction.

            The fee order was affirmed on appeal.  The deciding factor in conservatorship reimbursement disputes is whether the expenses were incurred in good faith and in the best interests of the proposed conservatee, a determination usually being a discretionary call for the probate judge.  In this instance, Dennis’ activities did benefit his mother.  The fee order was justified by the fact that the other siblings roughly incurred the same amount of fees as Dennis, an indicia that his fees happened to be reasonable.  (Donahue v. Donahue, 182 Cal.App.4^th 259, 272 (2010).).