Berwick v. Walsh CA4/3
Mark Berwick, the temporary successor trustee of a trust established for his mother, Sharon Luke-Borja, and as the conservator of her person and estate, appeals from the probate court’s award of guardian ad litem (GAL) fees from that trust to Cheryl L. Walsh as the GAL for Sharon’s husband, Salvador Borja, Jr. Walsh’s GAL fees totaled just over $12,000. Berwick does not contest the amount of the fee award, but he contends the court lacked authority to order disbursement of the fees from Sharon’s trust. We disagree. Probate Code section 1003 expressly provides that the GAL’s expenses, “including compensation and attorney’s fees, shall be . . . paid as the court orders, either out of the property of the estate involved or by the petitioner or from such other source as the court orders.” The probate court therefore did not abuse its discretion in ordering payment of Walsh’s fees from Sharon’s trust, and we affirm the judgment.
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