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In re Guardianship Estate of Del Campo

The evidence that the bank incurred $16,137.37 in attorney's fees and expenses was uncontradicted and uncontested. There is nothing in the record to call the evidence into suspicion or to raise doubts about its veracity. Accordingly, the probate court abused its discretion by reducing the payment amount. El Paso Court of Appeals, No. 08-08-00102-CV, 11-12-2009

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OPINION

JP Morgan Chase Bank (“Chase Bank”) appeals the probate court’s reduction of its request for payment of attorney’s fees and expenses incurred during the administration of the estate during the tenth year of the guardianship proceeding. Having concluded the probate court abused its discretion by failing to order payment of the full amount requested by Chase Bank, we will modify the order.

JP Morgan Chase Bank was appointed to serve as the guardian of the estate for minor child, Estafania Martin Del Campo. Between 1997 and 2008, Chase Bank filed numerous annual accountings and applications for payment of attorney’s fees and expenses related to management of the estate. The probate court routinely approved Chase Bank’s annual accountings and granted payment of its requested attorney’s fees and expenses for the first nine years of its appointment.

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