Estate of Basmajian CA2/3

INTRODUCTION

Beneficiary Carla Adelmann appeals from the order of the probate court denying her request to recover attorney fees she incurred in litigation with her brother Richard J. Basmajian, while he was trustee of the John Basmajian Living Trust (the trust). An award of attorney fees is authorized by Probate Code section 17211, subdivision (b)1 for a beneficiary who contests the trustee’s account if the trustee’s opposition to the contest was “without reasonable cause and in bad faith.” The probate court determined that Adelmann’s evidence did not show that Basmajian acted unreasonably or in bad faith and denied Adelmann’s fee request. We conclude Adelmann has not demonstrated error. Accordingly, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. The trust Some of the pertinent facts are set forth in our earlier three opinions in this case (case Nos. B146995, B156908, & B191507). Basmajian, an attorney who had a real estate license, and his sister Adelmann are the primary beneficiaries of the trust created in 1985 by their father (decedent). At his death, decedent’s assets were worth approximately $1.4 million and consisted primarily of a house where Adelmann lived, an…