Can I Recover My Attorney Fees For Guardianship Litigation?
Let’s say there’s a guardianship proceeding for your mom or dad, and you want to participate. Maybe you’re trustee of his or her revocable trust. Maybe you’re just a caring, loving daughter or son. Can you participate in that litigation, get a lawyer, advocate and fight, and have those fees paid for by somebody else? The short answer is no. You should expect to pay for your lawyers from your own pocket. There is an exception though. Under the Probate Code, and in the discretion of a judge, attorney’s fees may be awarded under narrow and limited circumstances for somebody involved in the guardianship, and also somebody who’s rendered a benefit to the ward.