Wong

Wong v. Bresler

Good Law
143 Cal. Rptr. 3d 342·207 Cal. App. 4th 366
Court of Appeal of CaliforniaJune 27, 2012No. A132295California6,191 words

Opinion

Lead Opinion

Haerle, J.

I. INTRODUCTION

This is an appeal from two probate court orders awarding statutory attorney fees to respondent Peter Bresler (Bresler), the first of several attorneys who represented appellant Donna Wong (appellant) in her capacity as executor of the estate of her deceased husband, Dennis Wong (the Wong estate).

Appellant claims that Bresler is not entitled to statutory compensation for his probate work in this case because (1) the parties did not execute a written fee agreement entitling Bresler to that compensation and (2) appellant rescinded her attorney services agreement with Bresler on the ground of constructive fraud. We reject these contentions and affirm the probate court orders at issue in this appeal.

II. STATEMENT OF FACTS

A. Background

In 1988, Dennis Wong and his wife executed a living trust in which to hold their assets. Unfortunately, however, Dennis Wong died in December 2002, *371 without having transferred his assets (principally numerous pieces of real property in San Francisco) into that trust.

In early 2003, appellant retained Bresler’s law partner, Faye Lee, to assist her with estate planning in the wake of her husband’s death. Shortly…

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