TRUST, ESTATE, CONSERVATORSHIP AND OTHER ORDERS CAN BE APPEALED

Many types of trust, estate, conservatorship, power of attorney and advance health care directive orders and non-orders can be appealed.

Appeal should be evaluated and taken in appropriate cases, i.e., when appeal is warranted in light of the costs of appeal, the likelihood of success, and the issues or amounts at issue.

And in circumstances where appeal cannot be taken, it might still be possible to obtain appellate court review by writ.

For example, and to help you out, the following are some but not all of the situations where trust orders or non-orders can be appealed, and these also apply to many similar estate related orders:

● Authorizing or approving the sale, lease, encumbrance, purchase, or exchange of property.

● Settling an account of a fiduciary.

● Authorizing or approving the acts of a fiduciary.

● Directing or allowing payment of a debt, claim, or cost.

● Authorizing the payment of compensation or expenses of an attorney.

● Authorizing the payment of the compensation or expenses of a fiduciary.

● Surcharging, removing, or discharging a fiduciary.

● Allowing or denying a petition of the fiduciary to resign.

● Discharging a surety on the bond of a fiduciary.

● An adjudication under Section 850 relating to ownership of property or contract obligations.

● Many orders under Section 17200 relating to the existence and administration of the trust.

● An adjudication of the apportionment of generation skipping transfer tax under Section 20200.

Anyway, and more types of orders can be appealed, but this list will give you an idea of the many types of orders and non-orders that might be appealable in trust and estate proceedings.

Dave Tate, Esq. (San Francisco / California)

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