Estate of DENNIS WONG, Deceased. DONNA WONG, as Executor, etc., Petitioner and Appellant, v. PETER BRESLER, Claimant and Respondent
207 Cal. App. 4th 366 · A132295
California Court of Appeal, First Appellate District · Filed
Holding
The court held that an attorney’s right to statutory compensation for ordinary probate services under Probate Code section 10810 is not contingent upon the existence of a written fee agreement compliant with Business and Professions Code section 6148, nor is such compensation subject to rescission by the personal representative on grounds of constructive fraud, as these fees arise from statutory entitlement rather than contractual agreement.
Statutes construed
- BPC § 6000
- BPC § 6125
- BPC § 6147
- BPC § 6148
- CIV § 1688
- CIV § 1689
- CIV § 1691
- PROB § 10810
- PROB § 10811
- PROB § 10812
- PROB § 10813
- PROB § 10814
Cited by (1)
Authorities cited (8)
- Estate of GEORGE RAYMOND GILKISON, Deceased. JAMES L. GILKISON, as Executor, Etc., Petitioner and Respondent, v. C. RUSSELL KING, Claimant and Appellant 77 Cal.Rptr.2d 463
- Estate of GEORGE RAYMOND GILKISON, Deceased. JAMES L. GILKISON, as Executor, Etc., Petitioner and Respondent, v. C. RUSSELL KING, Claimant and Appellant 65 Cal.App.4th 1443
- Estate of EVELYN J. CONDON, Deceased. MICHAEL R. CONDON et al., Petitioners and Appellants, v. CAROLINE M. McHENRY, Objector and Respondent 65 Cal.App.4th 1138
- 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 CONRAD NICHOLSON HILTON, Deceased. MYRON E. HARPOLE et al., Petitioners and Appellants, v. CONRAD N. HILTON FOUNDATION, Objector and Appellant; DANIEL E. LUNGREN, as Attorney General, etc., Objector and Respondent 44 Cal.App.4th 890
- Estate of ESTHER ROYCE TRYNIN, Deceased. RICHARD W. ECKARDT et al., Petitioners and Appellants, v. MARCIA D'ESOPO et al., as Co-administrators, etc., Objectors and Respondents 49 Cal.3d 868
- REIKO MILLER, Plaintiff and Respondent, v. CAMPBELL, WARBURTON, FITZSIMMONS, SMITH, MENDEL & PASTORE, Defendant and Appellant 162 Cal.App.4th 1331
- Estate of HANS BARTSCH, Deceased. ARDNT PELTNER, as Executor, etc., Petitioner and Respondent, v. NORMAN BARTSCH HERTERICH, Objector and Appellant 193 Cal.App.4th 885