Eckardt

Eckardt v. D'Esopo

Good Law
1989 Cal. LEXIS 2086·264 Cal. Rptr. 93·49 Cal. 3d 868·782 P.2d 232
Supreme Court of CaliforniaNovember 27, 1989No. S008320California4,517 words

Opinion

Lead Opinion

Kaufman, J.

*871 Opinion

Probate Code section 910 provides that attorneys for executors and administrators of a decedent’s estate shall be allowed fees from the estate for conducting the ordinary probate proceedings and “such further amount as the court may deem just and reasonable for extraordinary services.” (See also, Prob. Code, § 469 [attorney fees for extraordinary services to special administrator]; all further statutory references are to the Probate Code unless otherwise indicated.) The issue presented in this case is whether the fees so allowed include compensation for time reasonably spent to establish and defend the attorney’s own fee claim, or what is sometimes referred to as “fees on fees” or “fees for fees.” We conclude that section 910 authorizes courts in probate proceedings to award such compensation and that a contrary rule would ultimately be deleterious to decedents’ estates and heirs because attorneys would be reluctant to perform services necessary to the proper administration of decedents’ estates if the compensation awarded for their services could be effectively diluted or dissipated by the expense of defending against unjustified objections to their fee…

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