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Rudnick v. Rudnick

Court of Appeals of California, Fifth District

102 Ca.Rptrt.3d 493 (2009)

Relevant factsFree

Trustee Oscar Rudnick (plaintiff) petitioned the probate court to approve a real-estate sale that a majority of trust beneficiaries had already approved, but minority beneficiaries Philip, Robert, and Milton (defendants) objected; the probate court approved the sale, found the objection was made in bad faith to delay the sale rather than in good faith, and charged Oscar's attorney fees against the objecting beneficiaries' future trust distributions. Philip, Robert, and Milton appealed.

IssueFree

Whether a court may charge one beneficiary's share of a trust for frivolous litigation brought against the trust.

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