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The Objection to Legal Fees

In an April 22 filing, William Spiller, the court-appointed lawyer for Emani, strongly objected to a request that attorney Larry Lewellyn—representing Emani’s biological mother, Tanisha Foster—be paid from the teen’s estate.

Spiller argued that Lewellyn’s legal position had been “adversarial” to the minor and that paying his fees from the estate would be “neither fair nor equitable.” He emphasized that such payments could drain the resources Emani is entitled to as part of her father’s legacy.

“The minor child’s estate and/or inheritance will likely be utilized to pay her attorneys,” Spiller warned, pointing to possible future obligations that may be compromised by the proposed fee payout.

Lewellyn, in contrast, maintains that his client’s efforts—particularly her motion to terminate the guardianship—were in Emani’s best interest.

But Spiller’s filing may carry weight. California courts routinely apply the “reasonable and necessary” standard under Cal. Prob. Code § 10811 when evaluating attorney fee awards from a minor’s estate. If a legal service was not in furtherance of the child’s best interest, courts are unlikely to permit reimbursement.

A Mother’s Battle

Tanisha Foster has long sought to regain custody of her daughter, accusing Nipsey’s family of using their “financial position and influence” to marginalize her. In court filings, her attorneys have claimed the family reduced Tanisha’s visitation and withheld financial assistance.

According to The Blast, Tanisha initially consented to the guardianship based on verbal assurances that Emani would maintain family connections and a familiar lifestyle. But that trust appears to have eroded, leading to her legal campaign to reverse the guardianship.

In her own declaration, Tanisha argued that Emani no longer required guardianship and that her attempts to resume custody have been met with resistance and exclusion.

Still, guardianship law in California favors continuity and stability. Under Probate Code § 1601, a guardianship may only be terminated when it’s proven no longer necessary or in the child’s best interest.

“The court will weigh the child’s welfare above all else,” said a Los Angeles probate lawyer not affiliated with the case. “Allegations of parental alienation or family infighting must be supported by clear evidence.”

Inheritance at Risk?

With the estate continuing to generate income, any mismanagement or questionable disbursement—including to pay attorneys—could threaten Emani’s future security. Sam and Nipsey’s family have consistently acted as protectors of Emani’s financial and emotional well-being, a position echoed by the court’s initial guardianship ruling.

Probate and estate courts often emphasize that minors must be shielded from legal entanglements that could dilute their rightful inheritance. This principle is codified in Cal. Prob. Code § 1513, which mandates independent counsel to represent the child’s best interests in contested guardianship or estate matters.

So far, the court appears to be heeding that mandate. But until the judge rules on whether attorney Lewellyn’s fees may be deducted from Emani’s inheritance, this case remains in flux.

For more on how courts handle celebrity estates and minor beneficiaries, join me on Patreon.

Read more articles by Samuel A. Lopez

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