Estate of Ashlock

Holding

The court held that the trial court correctly applied Probate Code § 859’s “twice the value” penalty to the $5,148,000 of real‑property recovered, that the burden of proof rested on the fiduciary (Stacey Carlson) to substantiate her accountings, and that the trial court’s factual findings on the surcharges were supported by substantial evidence; however, the court reversed the erroneous calculation of the $27,624.20 surcharge, ordered a remand for recalculation, and affirmed the remainder of the judgment. ---