New Case Alert: Novak v. Fay


Filed April 28, 2015, Second District, Division Five

Cite as B256889

An attorney representing a client on a contingency basis brought a petition to determine the client was a pretermitted spouse. A settlement was reached and approved by the probate court under which a trust established by the deceased spouse was to make various payments. The client then died. The attorney filed a petition to enforce his claim for fees against the trust. The trial court denied the attorney’s petition, finding that the proper procedure to recover attorney’s fees was by a creditor’s claim against the client’s estate and that such a claim and the attorney’s petition were both time barred. The appellate court reversed and remanded with instructions, noting that the attorney’s beneficial interest and the lien attached to it came into being at the time of the settlement and its approval by the probate court. Under Probate Code § 9391, the holder of a lien against property in the decedent’s estate may commence an action to enforce the lien without first filing a claim if in the complaint the holder expressly waives recourse against all other property in the estate.

http://www.courts.ca.gov/opinions/documents/A137679.PDF

#EstatePlanning

Recent Posts
Archive
Search By Tags
No tags yet.
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

© 2020 by Ratner & Pinchman, PC.  The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  Please note that the State Bar Ethics Rules require us to disclose that testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

Ratner & Pinchman, PC serves clients in Southern California, including San Diego County, Orange County, Riverside County and the cities of Chula Vista, Coronado, Del Mar, El Cajon, Encinitas (Cardiff-by-the-Sea, Leucadia, Olivenhain), Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, and Vista.  We are San Diego Elder Law and Medi-Cal Planning Attorneys.