Case Results

Conservatorship of Lester Moore

September 2015

In re Conservatorship of the Person and Estate of Lester Moore, Case No. B253538 (Cal. Ct. App., Second Dist., Div. 6, Sept. 30, 2015).

 

Justia Opinion Summary

Attorney William Salzwedel appealed a $96,077.14 judgment surcharging him for excessive attorney's/trustee's fees, medical expert fees, and costs incurred while acting as the temporary trustee of the Moore Family Trust. The court concluded that substantial evidence supports the finding that the fees were unreasonable, and Salzwedel's trust accounting demonstrates that the fees and expenses were excessive. The court found that Salzwedel was repeatedly warned that he had a conflict of interest acting as trustee and as the attorney for a mentally impaired client in a conservatorship proceeding. He had never served as a trustee or been involved in a conservatorship before but perceived it as a license to zealously fight for Moore no matter what the cost. The court denied Salzwedel's remaining claims and affirmed the judgment.

Practice area(s): Trusts

Court: California Court of Appeal, Second Appellate District, Division Six

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