Legal Question in Wills and Trusts in California

I am the beneficiary of a trust. Two weeks ago there was a hearing in which the trustee sought approval for payment of legal fees to the trustee�s attorney. I objected orally at the hearing: the attorney was seeking payment for activities done in bad faith --- namely delaying distribution without genuine justification so that the trustee could garner more fees.

The judge asked me to provide within four weeks written objections to the attorney�s invoices,The trustee�s attorney will then have four weeks to provide a response.

I think this is a set up for the trustee�s attorney to take still more funds from the trust in addition to what he is already charging for. Even if the attorney�s fees to date are reduced, it is likely that any reduction, in all likelihood, would be more than offset by the attorney�s fees for defending his fees.

The invoices refer to numerous emails between the trustee and the trustee�s attorney. Do I have a right to see those invoices?

Thanks,

Masrhall


Asked on 6/13/15, 10:54 pm

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

The difficulty here is that there are two sides to every story, and the judge has to determine which side is right and which side is wrong. It's not enough to stand up in court and state that the trustee's attorney drug this out on purpose to make more money. You have to provide the judge with a convincing argument, which is why the judge wants your objection in writing. And yes, when your objection is filed, the other side gets to have time to file a response to your objection - and giving them the same amount of time as you is only fair.

Also, keep in mind that the judge didn't actually have to give you four weeks to file an objection. Under the rules of court, objections are supposed to be filed at least a week before the hearing - the judge gave you a break because you're not an attorney. The judge could easily have ruled that since you didn't file an objection, he or she could have judged the fee petition on its merits disregarding your objection.

Also, trustee fees and the trustee attorney's fees are normally paid without having to petition the court for an order. So, the implication here is that the trustees and the attorneys are having to do this because you or other beneficiaries are objecting to these fees - they can't distribute until this situation is resolved, because if they did, you are another beneficiary could file a petition even though the trust hasn't got any money left, leaving the trustees on the hook. While I won't judge who is or isn't at fault here, it's apparent that the dispute you have regarding the fees and maybe the trust accounting is the cause for this delay.

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Answered on 6/15/15, 9:56 am


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