Probate: Beneficiary Successfully Defeating Settlement Agreement Based On Subject Matter Jurisdiction Argument Improperly Denied A Request For Fees

Any Argument Was Circular—Subject Matter Jurisdiction Win Did Not Mean Fee Request Evaporated, So A Remand Was In Order.

            A beneficiary won a successful defense to a trustee’s effort to enforce a settlement agreement on the basis that the probate court lacked subject matter jurisdiction to enforce that agreement, but the beneficiary was denied fees in Dunlevie v. Valletta, Case Nos. E072846 et al. (4^th Dist., Div. 2 July 7, 2021) (unpublished).  The appellate court reversed because the beneficiary win on the subject matter jurisdiction did provide a basis for an award of fees (because they did prevail, and that argument did not divest the probate court of ability to award fees).  Remanded for another try!