Trusts & Estates
Jun. 26, 2003
Only Legislation Can Resolve Fees Problem in 'McAdams'
Forum Column - By Leslie R. Daff and Christopher L. Carpenter - Troubling dicta in a recent case, Estate of McAdams , 104 Cal.App.4th 1221 (3rd Dist. 2003), suggests that a trustee cannot be reimbursed from the trust for attorney fees incurred in defending against claims of trust mismanagement. McAdams already has elicited one Daily Journal article. See Marshall A. Oldman and Susan J. Cooley, "Counsel for Trustee Is Denied Attorney Fees for Defense," Focus, March 19.
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