[DOWNLOAD] "Estate of Esther Royce Trynin v. Desopo" by Supreme Court Of California # eBook PDF Kindle ePub Free

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eBook details

• Title: Estate of Esther Royce Trynin v. Desopo
• Author : Supreme Court Of California
• Release Date : January 27, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Probate Code section 910 provides that attorneys for executors and administrators of a decedents estate shall be allowed fees from the estate for conducting the ordinary probate proceedings and "such further amount as the court may deem just and reasonable for extraordinary services." (See also, Prob. Code, ? 469 [attorney fees for extraordinary services to special administrator]; all further statutory references are to the Probate Code unless otherwise indicated.) The issue presented in this case is whether the fees so allowed include compensation for time reasonably spent to establish and defend the attorneys own fee claim, or what is sometimes referred to as "fees on fees" or "fees for fees." We conclude that section 910 authorizes courts in probate proceedings to award such compensation and that a contrary rule would ultimately be deleterious to decedents estates and heirs because attorneys would be reluctant to perform services necessary to the proper administration of decedents estates if the compensation awarded for their services could be effectively diluted or dissipated by the expense of defending against unjustified objections to their fee claims.

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