Probate: Denial Of Probate Code Section 2642(b) Fees To Attorney Representing Minor’s Guardians Reversed And Remanded

The Reason Was That The Record Did Not Show Whether The Services Benefited Minor Also And Whether They Were Reasonable In Nature.

            In Guardianship of Soto, Case No. C078801 (3d Dist. March 9, 2021) (unpublished), attorney for minor’s guardians were awarded two rounds of attorney’s fees under Probate Code section 2642(b), which provides that a trial judge shall make an order allowing reasonable fees to attorneys rendering services rendered to the guardian (payable from the estate).  However, the lower court denied a third round of requested fees of $5,109.75 to the attorney representing minor’s guardians.  The Third District reversed and remanded.  The problem was that nothing in the record rebutted the fact that services were rendered to the guardians or that the services performed had zero worth.  That being so, a remand was necessary to determine whether the services were in the best interest of the ward and, if so, were reasonable in nature.  (Conservatorship of Lefkowitz, 50 Cal.App.4^th 1310, 1313-1316 (1996).)  Attorney also contended he was entitled to appellate fees, which was in play on remand if the lower court determines they were necessary and reasonable.  (Estate of Trynin, 49 Cal.3d 868, 880 (1989).)