Is a trustee entitled to pay attorney's fees from the trust funds?

Section 16247 authorizes the trustee to hire persons, including attorneys, "to advise or assist the trustee in the performance of administrative duties." Thus, "[a]ttorneys hired by a trustee to aid in administering the trust are entitled to reasonable fees paid from trust assets." (Kasperbauer v. Fairfield (2009) 171 Cal.App.4th 229,

Page 36

235.) We apply the abuse of discretion standard of review to the trial court's decision approving the payment from trust assets of attorney's fees. (Donahue v. Donahue (2010) 182 Cal.App.4th 259, 268.)