Estate of Margaret S Bevan

Case Number

SM111459

Case Type

Hearing Date / Time

Wed, 08/27/2025 - 08:30

Nature of Proceedings

Petition to Approve Accounting and Fees

Tentative Ruling

Probate Notes:

Appearances required.

The following issues must be addressed before the hearing:

                                        

Payment of Prior Attorney’s fees – Schedule C shows that $6,815.28 was paid from both income and principal, for a total of $13,360.56, when the Court only allowed $7,000 for the last accounting. Supplement is required to explain the reason, or correct the account.

Unreasonable Trustees and Attorney’s Fees.  Counsel for the trustees offered clarification at the September 18, 2024, hearing that the paralegal working for counsel does not perform the bookkeeping functions of the trustees, but instead provides similar bookkeeping functions for counsel in preparation of the accounting to present to the court.  Although this is somewhat duplicative work, the beneficiaries of the trust could object to such expenses and have not. Therefore, the Court should approve the trustee fees, as presented, unless an objection is lodged by the beneficiaries of the trust.  The recommendation for this accounting is no different.

However, like the attorney’s fees in the 23^rd Accounting, Petitioner requests inflated attorney’s fees this court should not approve.  Petitioner prays for $10,715 in attorney’s fees, for 59.70 hours of work that is suspect. The total at the end of the timesheet is 52.50, for $11,310, listing entries for $650 per hour (attorney) and $300 per hour (paralegal).  But the summary shows 21.70 hours of attorney work at $218.20 per hour, and 1.1 hours of paralegal work at $300 per hour, and 36.90 hours of unspecified category work for $180.49.

Like the last accounting, it is noteworthy that many of the entries appear to be time spent correcting the flaws in the last accounting that caused multiple hearings.  No professional should be compensated for work performed to correct their own errors.  While the descriptions are much more sufficient to provide detail for the Court to determine the reasonableness, necessity, or benefit to the trust that these entries entail, the more descriptive entries show that at least 1/4 of the work performed was for clerical work like retrieving statement activity, or court notes.  Such work should not be compensated at $150 per hour, as billed.

Petition should submit supplemental billing statement showing the exact rate billed at, and reconcile the differences in billing ours in the total and summary.  The supplement should segregate work performed on correcting the last accounting, from work performed on this accounting so the Court does not have to zero out the current work to err on the side of caution.

Appearances:

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

Meeting ID: 161 956 1423

Passcode: 137305