Estate of Temkin
Appellant Louis Bernstein (appellant), the administrator for the estate of Harry Sheldon Temkin (the estate), appeals from the trial courts order authorizing the payment of $1,500 in extraordinary fees incurred by appellant in administering the estate and requiring appellant to pay, out of the assets of the estate, $10,000 to respondent Jamie Schloss (Schloss) and $16,000 to respondent Michael York (York). The trial court disallowed appellants claim for additional fees and expenses, including the $885 per annum cost of a bond premium, and certain filing fees and publication fees. Appellant contends the trial court abused its discretion by under-compensating him for fees and expenses incurred in administering the estate, and that the courts order violates the provisions of Probate Code section 11420[1] and inequitably shifts fees and costs to other creditors and beneficiaries of the estate. Schloss filed a motion to dismiss the appeal because appellant failed to account for the $27,500, as ordered by the trial court and requested sanctions against appellant in the amount of $3,445 for bringing a frivolous appeal.
The trial court did not abuse its discretion by disallowing appellants claim for additional fees and denying appellant reimbursement for filing and publication fees, nor did the courts order violate the provisions of section 11420. The trial court erred, however, by denying appellant reimbursement of the reasonable cost of the bond premium, which appellant was entitled to under section 8486. We reverse the order denying reimbursement of the cost of the bond premium and remand the matter to the trial court to modify its order to reimburse appellant for the reasonable cost of the bond premium and to reapportion the payments from the estate to appellant and York accordingly. Court affirm the order in all other respects. Court deny Schlosss motion to dismiss the appeal and request for sanctions.
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