Hollaway

Hollaway v. Edwards

Good Law
1998 Cal. App. LEXIS 995·68 Cal. App. 4th 94·80 Cal. Rptr. 2d 166·98 Daily Journal DAR 12157·98 Cal. Daily Op. Serv. 8778
Court of Appeal of CaliforniaNovember 30, 1998No. G019461California2,221 words

Opinion

Lead Opinion

Crosby, J.

Patricia Hollaway successfully defended probate petitions by her cotrustee, Linda Edwards, to remove her as trustee of the Dick Denio Revocable Inter Vivos Trust. More than 60 days later—that is, beyond the time in which ordinary civil litigants must move for attorney fees—Hollaway petitioned the probate court for, among other things, reimbursement of the attorney fees she incurred in her removal defense. The court allowed the petition and ordered the fees be reimbursed by the trust. Edwards nevertheless appeals, arguing Hollaway is entitled to no reimbursement because her petition was untimely. We affirm.

I

The facts are relatively simple and, for the most part, undisputed. In addition to being sisters, Linda Edwards and Patricia Hollaway are cotrustees and beneficiaries of the trust which became irrevocable upon the settlor’s December 24, 1993, demise.

*96 Discord between the sisters quickly reared its head. On April 8, 1994, Edwards petitioned under several Probate Code provisions for Hollaway’s removal as cotrustee, alleging she breached her fiduciary duties in sundry respects not relevant here. Shortly thereafter, Hollaway filed a response (tantamount to an…

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