Trustee Removal Petition Fees Are Discretionary In Nature.
In Albrecht v. Albrecht, Case No. B306601 (2d Dist., Div. 4 June 7, 2021; posted June 8, 2021) (unpublished), successor trustee appealed a probate court’s order declining to award fees for an opposing side’s demurrer to a petition to remove the trustee. Beneficiary moved for fees and costs incurred during the administration of the trust despite an order that an accounting had been rejected for not meeting formalities, a further fees request also denied. The appellate court affirmed. On the petition to remove a trustee, fees are discretionary under Probate Code section 15642(d), which requires determinations that the removal petition was filed in bad faith and contrary to settlor’s intent. Here, the lower court determined that the other side’s failure to comply with a settlement agreement contributed to confusion such that the discretionary fee request should be denied—no abuse of discretion. On the second request, the denial of accounting without prejudice meant that any fee award to beneficiary was premature until further events developed.
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