Estate of Effron
Opinion
Opinion
Gary L. Effron, in pro. per., Hertzberg, Koslow & Franzen and David S. Koslow for Objectors and Appellants.
Gray, Cary, Ames & Frye, R. Reaves Elledge, Jeffrey M. Shohet, William A. Johnson, Jr., Jean Shannon, Rose, Jennings, Squires & Jay and Kendall M. Squires for Petitioner and Respondent.
OPINION
WIENER, J.
Cheryl L. Koslow and Gary L. Effron, beneficiaries of the estate of James Effron, deceased, (Beneficiaries) appeal a probate order denying their application for a citation to remove the Bank of America (Bank) as executor and granting the Bank's petition for preliminary distribution of statutory attorney's fees and executor's commissions.
They challenge on theoretical and practical grounds both customary probate practices fostered by corporate fiduciaries and statutory attorney's fees. On a theoretical level, they claim as a matter of law statutory attorney's fees (Prob. Code, §§ 901; 910, subd. (a)) [1] violate the antitrust laws and their application denies due process of law to those affected. As a practical matter, they question the ethical and legal propriety of what they allege to be the customary practice involving reciprocal back scratching between corporate…