Gorman v. Lavery CA2/6
Here, a probate court awarded $101,787.26 attorney fees and costs to a residual trust beneficiary, Maureen Gorman (Gorman) in a trust accounting dispute. The fees and costs were incurred to protect and recover trust assets caused by appellant’s, Michael Lavery, mismanagement of the family trust. After the breach of trust claim settled for $975,000, the probate court found that the “lion’s share” of Gorman’s fees and costs should be borne by appellant. The court ordered the trust to pay Gorman’s fees and costs, and ordered that 80 percent of the fees and costs be allocated to appellant’s future trust distributions as residual beneficiary. Lavery appeals, contending that the probate court abused its discretion and that the surcharge order is barred by the $975,000 settlement agreement. We affirm.
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