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THORPE v. REED

No. H037330.

211 Cal.App.4th 1381 (2012)

THOMAS THORPE, Plaintiff and Respondent, v. AUDELITH JENIVEE REED, as Trustee, etc., et al., Defendants and Appellants.

Court of Appeals of California, Sixth District.

December 13, 2012.

Attorney(s) appearing for the Case

Crosby & Crosby, Michael C. Crosby and Matthew A. Crosby for Defendant and Appellant Audelith Jenivee Reed.

Mark A. Dames for Defendant and Appellant Danny Reed.

Willoughby, Stuart & Bening, Ellyn E. Nesbit ; Law Offices of Michael G. Desmarais and Michael G. Desmarais for Petitioner and Respondent.

OPINION

PREMO, Acting P. J. —

Plaintiff Thomas Thorpe succeeded the public guardian as temporary trustee of a special needs trust. The trust specified that a successor trustee was not entitled to compensation. Plaintiff served for four and one-half months and billed the estate $108,771.07 for trustee and trustee attorney fees. On his petition, the trial court awarded him $51,285.63 over objection that the trust instrument prohibited compensation...

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