UncategorizedTrust Law Update – The court can order attorneys fees and costs in an amount that exceeds your interest in the trust

The California Appellate Court recently dealt with the issue when a party filed a lawsuit to set aside a trust based on forgery. Once the Court ruled that no forgery occurred the Court then levied attorney fees and costs against the party that brought the forgery case. The Court issued a very substantial attorney fees and cost award to the tune of six figures which was appealed. The argument on appeal was that the fee award was larger than her interest in the trust. The Appellate Court ruled that a trial court has jurisdiction to order a trust beneficiary to pay attorneys’ fees in an amount over and above her potential interest in the trust.