Mother used Uniform Transfers to Minors custodial funds to purchase a home in her own name. Although children lived in home for at least part of the time, mother was ordered to pay over to the children the entire proceeds … Continue reading
Tag Archives: surcharge
Attorney for administrator of estate held to be secondarily liable for surcharge against administrator for failing to make distribution to estate of deceased beneficiary; appeal not timely and should be quashed. Estate of Thomas Brawner Sr., 6 Fid.Rep.3d 386, No. … Continue reading
Surcharge imposed against trustee for more than $600,000 for “reimbursements” to herself, but surcharge for failure to properly invest funds denied because the testimony of the expert witness was speculative and simplistic and lacked a solid foundation. In addition, punitive … Continue reading
Executors surcharged for sale of estate property to a son of one executor, for expenses paid to the purchaser of the property for “cleanup” of the property 20 days before the sale, for distributions of automobiles contrary to the provisions … Continue reading
Counsel fees of $34,848, paid from an estate of $102,852, reduced to $18,000, and executor surcharged for excess, when the testimony of counsel was conclusory and failed to justify the fee paid from an estate with no unusual complexities or … Continue reading
One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that … Continue reading
Lawyer, who was removed as administrator of an estate for failing to account, paid himself from the estate about $50,000 in commission, charging $400 per hour for his time; the Court surcharged the lawyer for all fees paid to himself, … Continue reading
Executor of a moderate estate and legal counsel surcharged for excessive fees and commissions, as well as unexplainable account errors. Donnelly Estate, 4 Fid. Rep. 3d 495 (OC Mont. 2014) (Opinion by Ott, J.) … Continue reading
Husband of income beneficiary received trust income for 3 years after the death of the income beneficiary, individual trustee’s law firm received trustee commissions for 8 years after the death of the individual trustee, and corporate trustee received trustee commissions … Continue reading
Trustees who successfully defend themselves against a surcharge action are entitled to recover the legal fees and costs from the trust, and the litigation costs relating to three trusts should be born proportionately by all three trusts because the surcharge … Continue reading