California Court of Appeal

In an attorney's appeal of a probate judgment invalidating a will and living trust that he drafted for a client and which named him as the principal beneficiary to a $5 million estate, the trial court's judgment and award of attorney fees pursuant to Probate Code section 21380 is affirmed where: 1) the court reasonably concluded that the probative value of the prior acts evidence substantially outweighed the potential for prejudice; 2) substantial evidence supports the finding that appellant drafted or transcribed decedent's Trust even though the original trust document was 'lost' in a burglary; and 3) the court reasonably concluded it would be inequitable to award defendant trustee fees and attorney fees for services that benefited no one other than defendant.

Appellate Information

• Published 2016/06/20

Judges

• YEGAN

Court

• California Court of Appeal

Counsel