Determining Fees for Dissolution Proceedings Upon Decedent's Death

If attorney's fees incurred in dissolution proceeding which was started, but not completed, prior to decedent's death constituted a "community debt" is governed whether the fees were generated to benefit the community.  The community may be benefitted by an orderly and lawful division of assets.  The community may benefit from the entry of temporary orders to support a spouse or children.  The community may benefit from court-ordered mediation and counseling.  Court orders related to custody of children could benefit the children therefore be a community debt.  All that is required is that there be some objective intent to benefit the community even if no pecuniary benefit actually occurs based on the surrounding circumstances at the time ofthe transaction.  It does not matter if the spouse incurring the fees will benefit more than the community.  Cardinel & Stachel, P.C. vs. Kieran Curtis, widower of Leela Curtis (deceased); Estate of Leela Curtis, 2 CA-CV 2009-0163 (Sept. 3, 2010).