Naito v. Naito

In 1987, Midori Naito (wife) was appointed conservator of the estate of Hide Naito, her husband. Hide’s sons from a prior marriage, Samuel and William Naito (sons), opposed wife’s appointment and, in January, 1988, filed a petition seeking her removal. They alleged that she had engaged in acts of self dealing whereby she had removed substantial assets from the estate. They also requested attorney fees payable from the estate.

The trial court granted sons’ petition, removed wife and appointed Samuel and respondent Schwab to serve as co-conservators. The court, however, denied them attorney…