9 results for 'cat:"Guardianship" AND cat:"Attorney Fees"'.
J. Fernandez finds the trial court failed to hold an evidentiary hearing before deciding that the brother would be awarded more than $800,000 in attorney fees and the sister would be granted only $6,718 of the $742,732 in fees she sought in the parties' dispute over the incapacity and guardianship of their mother. Because this was an abuse of the trial court's discretion, in part because the sister never waived her right to an evidentiary hearing, on remand the trial court is ordered to hold such a hearing on whether the parties' attorney fees are reasonable. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: January 3, 2024, Case #: 23-0180, Categories: guardianship, attorney Fees
[Consolidated.] J. Gummer finds that the trial court properly denied fee applications in a guardianship action because courts are prohibited from ordering payment from the office of adult protective services unless conduct by the agency or its employees constitutes a crime, willful misconduct, or other aspects outside the normal scope of employment. Affirmed.
Court: New Jersey Appellate Division, Judge: Gummer , Filed On: November 25, 2023, Case #: A-2563-21, Categories: guardianship, attorney Fees
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J. Wray finds the lower court properly ordered fees earned by the attorney to be paid by the estate because under New Mexico law, he was entitled to payment for reasonably necessary fees after being appointed guardian of the estate. There was no evidence the attorney's work was duplicative or excessive, but rather, the children's testimony showed the work was for the benefit of their mother and, therefore, the attorney was entitled to be paid out of the estate's assets. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: October 10, 2023, Case #: A-1-CA-40419, Categories: guardianship, attorney Fees
J. Pedersen finds that the lower court properly ruled on the attorney ad litem's application for attorney fees in this guardianship proceeding. The attorney argues that "a finding of a breach of fiduciary duty" was necessary for fee disgorgement, but the law related to breach of fiduciary duty was not implicated. Further, the offset was authorized by the estates code. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: August 23, 2023, Case #: 05-21-00940-CV, Categories: Fiduciary Duty, guardianship, attorney Fees