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IN RE ESTATE OF FRIEDMAN

No. 1 CA-CV 06-0723.

177 P.3d 290 (2008)

In the Matter of the ESTATE OF Victor B. FRIEDMAN, deceased, and In the Matter of the Friedman Family Trust dated July 28, 1977, as amended, and the Dennis Friedman Charitable Remainder Unitrust and the Dennis Friedman Irrevocable Trust. Dennis Friedman, Petitioner-Appellant, v. Jo Ann Friedman Burgess, as Trustee of the Friedman Family Trust and nominated personal representative, Respondent-Appellee.

Court of Appeals of Arizona, Division 1, Department C.

February 12, 2008.

Attorney(s) appearing for the Case

Curley & Allison, LLP, By Roger D. Curley, Phoenix, Attorneys for Petitioner-Appellant.

Jaburg & Wilk, P.C. By Kathi M. Sandweiss, Lauren L. Garner, Phoenix, Co-Counsel for Respondent-Appellee.

Rosepink & Estes, P.L.L.C. By David J. Estes, Scottsdale, Co-counsel for Respondent-Appellee.

OPINION

KESSLER, Judge.

¶ 1 Dennis Friedman ("Dennis") appeals from a probate court judgment requiring that a special administrator's fees and costs for an investigation of a claim of elder abuse and breach of fiduciary duty against the trustee/personal representative be paid from trust bequests to the beneficiaries who brought the claim. We hold that those fees and costs may have been administrative expenses to be paid by the estate rather than by...

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