Please see the below three minute video in which I discuss the new California trust case, Zahnleuter v. Mueller, in which the Court held that under the facts of that case the trustee could not pay his attorneys’ fees out of the trust assets. The Court ordered that the trustee be surcharged, and for him to pay back to the trust his attorneys’ fees in the approximate amount of $200,000. Zahnleuter v. Mueller, California Court of Appeal, Third Appellate District, C093909 (February 9, 2023). I have also attached below a pdf of the decision in Zahnleuter.
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David Tate, Esq. (and inactive CPA)
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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.
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http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com
Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com
David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.