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Estate of Wizel
In this case, the probate court found that a trustee of a decedent’s trust (Trust), Edward Ezor (Ezor), breached his duties as a trustee. Ezor acted as co-trustee with one of the beneficiaries, Jill Wizel (Wizel) to administer the Lydia Wizel Trust for the benefit of Robert Brown (Brown) and Wizel. The court concluded that Ezor breached his duties by delaying the administration of the Trust, paying himself and his attorney excessive fees, refusing to make any distributions to Brown, failing to investigate Wizel’s competence to serve as a trustee, failing to pay Wizel’s medical insurance premiums, and opposing the beneficiaries’ objections to his account without reasonable cause and in bad faith.
The probate court removed Ezor and surcharged him the excessive fees paid to him and his attorney, the loss incurred by Brown due to Ezor’s failure to divide the Trust assets, and the loss incurred by Wizel due to her lapse of medical insurance. The probate court also surcharged Ezor the attorney fees related to his opposition to the objections to the account pursuant to Probate Code section 17211, subdivision (b).

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