Novak v. Fay
Annotate this CaseAttorney Novak represented Kelly between 2007 and 2012. The two executed a contingency attorney fee agreement that granted Novak lien rights over any settlement Kelly received. In 2011, Novak filed a probate petition which alleged Kelly was a pretermitted spouse of Teitler and negotiated a considerable settlement. The probate court approved the settlement which awarded Kelly a substantial interest in the Dana Teitler Trust. Kelly died. Novak filed suit to enforce the attorney lien in the 2007 fee agreement. The probate court denied the petition, holding that the proper procedure to recover fees was by claim against Kelly’s estate under section 9000; plaintiff was required to file a creditor’s claim within one year of Kelly’s death; the statute of limitations barred the claim; and section 5000(a), which provides a nonprobate transfer, was inapplicable. The court of appeal reversed. Novak had not forfeited a claim under section 9391, that he was an equitable lienholder and did not need to file a creditor’s claim in probate. An assignment provision in the settlement agreement in the event of Kelly’s death did not destroy Novak’s pre-existing attorney fee lien rights.
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