Guardianship of Edward Isaac Esparza

Case Number

22PR00589

Case Type

Hearing Date / Time

Tue, 09/30/2025 - 09:00

Nature of Proceedings

OSC re Surcharge

Tentative Ruling

Probate Notes:

Appearances required.

No attorney's fees may be paid from the estate of a ward or conservatee without prior court order. Further, the estate of the ward or conservatee is not bound by any contract providing for attorney fees until that contract has been approved by the court. (Prob. Code, § 2647.)

Guardian requests reimbursement for payment of a total of $9,659.61 in attorney’s fees paid to three separate attorneys. According to the allegations in the Amended Petition, the guardian was paid these fees to attorney’s who do not regularly practice probate, and/or did not properly advise the guardian of her duties and liabilities, resulting in breaches of fiduciary duty.  

It is recommended the Court surcharge Michael Clayton $1,538.30, and deny Karine Wegrzynowicz’s request for $2,662.50 in fees. (Guardianship of Slakmon (1978) 83 Cal.App.3d 224, 229 [“The probate court is not precluded from a reexamination of former accounts rendered by a guardian of estates of minors, and on such reexamination it has power and authority to correct, revise or modify in amount any item or items of expenditure theretofore settled, allowed or approved by it, or to entirely disallow and withhold its approval or settlement of such item or items.”].)

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334