Raskov v. Raskov
There is an ongoing dispute between plaintiff and appellant Delia Raskov (Delia) and her stepchildren, defendants and respondents Daniel Raskov (Daniel) and Michele Aaronson (Michele),[1]over the trusts established by David Raskov (Father) and Delia.[2] Delia was the trustee of the two trusts: The David Raskov Inter Vivos Trust (IVT) and the Raskov Family Trust (RFT). The IVT was created on September 18, 1986 (and amended on October 19, 1990, and January 6, 2003). Father died on July 15, 2003, and both trusts became irrevocable. In 2006 Daniel successfully had Delia removed as trustee of the IVT. The probate court ordered that the IVT pay Delia a $1,500 per month stipend from IVT net monthly income. Regarding attorney fees and costs, the court awarded $120,000 to Daniel and Michele, and $40,401 to Delia, and directed that all fees and costs be paid from the IVT. In April 2007, the probate court noted an ambiguity in whether the attorney fees and costs should be paid from trust income or trust principal and reopened the issue for briefing. Following briefing by both sides, the court ordered that payment be made from trust income. Simultaneously, the probate court was considering Delias petition for approval of her account of the IVT. Daniel had filed 13 objections. After the issues were resolved and the account was approved, Delia sought recovery of $66,112.50 in attorney fees which she incurred. Following a hearing, the probate court found that she was entitled only to reasonable fees in the amount of $5,000. Delia has appealed, challenging the probate courts order directing payment of attorney fees from IVT income and the order limiting her recovery of fees to $5,000.
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