Estate of KATE HELLER, Deceased. IRVING HELLER, as Executor, etc., Petitioner and Appellant, v. BETTY BERMAN et al., Objectors and Respondents
7 Cal. App. 4th 862 · B055936
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that a probate court has the discretion to deny an executor’s statutory commissions for excessive delay in estate administration under Probate Code section 12205 and that its orders regarding the apportionment of statutory attorney fees and the award of extraordinary attorney fees will be upheld absent a manifest abuse of that discretion.
Statutes construed
- CCP § 632
- PROB § 10850
- PROB § 12205
Cited by (3)
- Estate of DAN K. STEVENSON, Deceased. KENNETH G. PETRULIS, as Administrator, etc., Petitioner and Appellant, v. WILLIAM C. WILKS, Objector and Respondent (2006) 141 Cal. App. 4th 1074
- ESTATE OF Kirk KERKORIAN, Deceased. Una Davis, Petitioner and Appellant, v. Anthony Mandekic, as Executor, Etc., et al., Objectors and Respondents. (2018) 228 Cal. Rptr. 3d 78
- Estate of ANTHONY BONACCORSI, Deceased; JOSEPH A. RICCA, Petitioner and Appellant, v. SALVATORE BONACCORSA et al., Objectors and Respondents (1999) 69 Cal. App. 4th 462
Authorities cited (3)
- Estate of MARY L. FOSS STOKLEY, Deceased. CALIFORNIA FIRST BANK, as Executor, etc., et al., Petitioners and Respondents, v. HENRY C. LEE et al., Objectors and Appellants 108 Cal.App.3d 461
- Estate of JAMES EFFRON, Deceased; BANK OF AMERICA, as Executor, etc., Petitioner and Respondent, v. CHERYL L. KOSLOW et al., Objectors and Appellants 117 Cal.App.3d 915
- Estate of JEAN PAUL GETTY, Deceased. TRUST SERVICES OF AMERICA, INC., et al., Petitioners and Respondents v. JOHN K. VAN de KAMP, as Attorney General, etc., Objector and Appellant 143 Cal.App.3d 455