Berg, Spire, Miller & Fraade v. Agnew

Opinion

JOHNSON, J.

The appellant appeals from an order of the probate court denying its petition for extraordinary attorney’s fees. The central issues on *756appeal are whether the respondent’s petition in the underlying action to determine title to contested property was properly filed pursuant to Probate Code section 615 and whether the petition could have been brought pursuant to Probate Code section 851.5 even though the decedent had no claim to the property at the time of his death. Because we conclude the petition was improperly filed pursuant to Probate Code section 615 and could not have…