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Court approves second trust accounting for Gabriela Rosas; counsel told to review fiduciary/fee distinctions
Summary
The probate court approved the second annual trust accounting for Gabriela Rosas, hearing from co-trustees and counsel; the judge noted attorneys performed legal work only and encouraged review of distinctions between fiduciary duties and attorney fees.
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The probate judge approved the second annual accounting for a trust for Gabriela Rosas after hearing from co-trustees and counsel. Jesse Reyes, appearing by Zoom, and counsel Emily Robertson confirmed the account's income and expenses were accurate and requested allowance of the account and fees.
Why it matters: Approval of a trust accounting confirms the court's review of how trustees managed trust assets and allows fees and costs to be allowed when appropriate. The judge also flagged a potential area for future review: differences between fiduciary obligations and attorney billing in trust matters.
Details: The court noted all interested parties had been served and that no objections were filed. Counsel stated, "We don't, perform any fiduciary, duties. We are legal counsel, so we do legal work only on behalf of the clients." The judge advised counsel to review case law and comparative treatment between fiduciary rates and legal billing in trust matters, saying that while it appeared appropriate for the present filing, the issue "may end up being analyzed in the future, I would assume, by the court of appeals or some other entity beyond where I'm sitting." The judge approved the account and the fees and costs as submitted.
Discussion vs. decision: Counsel's statement was a representation of the scope of legal work; the formal decision was the court's approval of the accounting and associated fees.
What’s next: The order allows trustees to continue under the approved accounting; counsel was advised to review applicable case law and billing practices for future compliance.

