Amster v. Mulberg CA1/1
Frank I. Mulberg served as trustee for a trust with a single beneficiary, Patricia Davis Daneman Amster. Mulberg and Amster’s relationship was positive at first, but later soured. Amster and Mulberg filed competing petitions with the probate court concerning Mulberg’s compensation, among other things. Following a trial, the probate court issued a statement of decision finding Mulberg breached his fiduciary duties, approving a trustee’s fee of $227,897.59, and surcharging Mulberg for excess fees totaling $267,222.16. The court subsequently denied Amster’s motion for attorney fees and costs pursuant to Probate Code section 17211, and also granted Mulberg’s motion to tax costs. Amster now appeals from that order. We affirm the denial of attorney fees but vacate the denial of costs.
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