Estate of Bonaccorsi

In Estate of Bonaccorsi (1999) 69 Cal.App.4th 462, beneficiaries objected to the account of an executor who engaged in self-dealing concerning estate assets. After a trial, the executor was surcharged in the amount of $ 134,200 and the trial court imposed an additional charge of $ 50,000 in attorney fees under Probate Code section 11003, subdivision (b). On appeal, it was determined that $ 50,000 of the $ 134,200 surcharge was attributable to market conditions, not the executor's malfeasance. Based thereon, Bonaccorsi found the executor could not be faulted for opposing the contest and held the award of $ 50,000 in attorney fees could not be affirmed where a substantial part of the surcharge had been reversed. It is thus apparent that a comparison of the relative recoveries of the competing factions is highly relevant in determining whether an award of attorney fees under Probate Code section 11003, subdivision (b) may be sustained on appeal.