Does a trust beneficiary have to pay their own attorney fees if they successfully challenge the trustee's conduct?

California, United States of America


The following excerpt is from Morgan-Perales v. Savage, G052317 (Cal. App. 2017):

"Trust beneficiaries must ordinarily pay their own attorney fees in challenging the trustee's conduct, even when they are successful." (Leader v. Cords (2010) 182 Cal.App.4th 1588, 1595 (Leader).) Section 17211, subdivision (b), provides an exception to this rule by "giv[ing] the probate court discretion to award attorney fees to a trust beneficiary who 'contests the trustee's account,' if the court determines the trustee's opposition to the contest was 'without reasonable cause and in bad faith.'"11

Page 19

Other Questions


Is a beneficiary of a trust liable for attorney fees if they successfully challenge the trustee's conduct? (California, United States of America)
How have the trustees of a trust been found to have breached their fiduciary duties toward the trust by failing to disclose to the trustee that the trustees have a conflict of interest in the trust? (California, United States of America)
Can a trustee under a trust amendment recover attorney fees incurred in defending against a beneficiary named in the original trust agreement? (California, United States of America)
Can a court order that an attorney for a trustee from a trust be paid from the trust funds for abuse of discretion? (California, United States of America)
Can a trust that does not have resident trustees or beneficiaries be liable for income tax on the accumulated income of the trust? (California, United States of America)
What is the duty of a trustee to keep the beneficiaries of a trust reasonably informed of the trust and its administration? (California, United States of America)
Can a beneficiary of a trust bring a lawsuit against a trustee who allegedly breached fiduciary duties owed to the beneficiary? (California, United States of America)
Can a trustee or beneficiary of a trust petition the probate court to determine the existence of the trust? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
When a new trustee takes over the administration of a trust, can the previous trustee assert attorney-client privilege? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.