Monterey Legal Services: Probate and Conservatorship
Probate court handles a few types of legal proceedings. It handles the transfer of property from an estate after a person has died through a process called probate. It also handles guardianship and conservatorship proceedings in which someone is given decision-making authority over another person or another's assets because they are not of age or are no longer competent to make decisions themselves. Sometimes the court may oversee the administration of a trust.
At the Law Office of Barbara J. May in Monterey, California, we help clients with legal needs in each of these areas. We assist executors and representatives with the process of probating an estate in California probate court. We also help family members and friends to obtain conservatorship over persons who are no longer competent, and guardianship over minors.
If you need assistance with a California probate court matter, contact us online or call our office at 831-649-1253 to schedule an initial consultation with an attorney.
Probate
Probate is a court-supervised process of transferring assets. An estate may need to go through probate if there is a will or if there is no will. If there is a will, the court is asked to order the distribution of property according to the will. If there is no will, the property will be distributed according to the laws of inheritance in the state of California.
If assets had been placed in a trust, these assets will need to be distributed to the beneficiaries. That process is called "trust administration."
The probate process is not easy to navigate. If you were named the executor of an estate, working with a probate lawyer who is familiar with the local probate court and its rules will ensure you distribute the estate without errors and in a timely manner. Probate attorney Barbara May works with executors and trust administrators to:
- File proper paperwork with the court
- To document assets and locate heirs
- Advise clients on the handling of creditors claims — how to determine if creditor claims against the estate are legitimate and how to ensure creditors are paid
- Ensure all necessary deadlines are met and tax forms are filed
- Educate trust administrators and executors on their fiduciary duties to ensure legal proceedings are handled properly and to minimize the risk of later estate litigation
- Assist clients in distributing estate assets
Conservatorship
Conservatorship is the legal proceeding used to allow someone to make decisions for a person over age 18. Guardianship is the legal proceeding for oversight of a person under age 18. Conservatorship takes two forms: conservatorship of a person or of an estate.
- Conservatorship of the person: In this proceeding, the court appoints someone to make day-to-day living decisions on behalf of another generally, because they are unable to make their own decisions due to dementia, disability or illness. A conservator can make decisions such as where a person will live, what kind of medical care they need, and whether they need to be in an assisted living facility or skilled nursing facility.
- Conservatorship of the estate: In this proceeding, the court appoints a conservator to manage another person's estate, to manage their finances, property and investments, to pay their bills, and to ensure they are obtaining the benefits to which they are entitled (Social Security, Medicare, Medicaid).
Attorney May represents clients in petitioning the court to appoint them as conservator to another, as well as in legal proceedings before the initial court date to help them secure temporary conservatorship. After conservatorship is granted, Ms. May assists conservators in preparing the status reports or financial accounting reports that must be provided to the court on a regular basis.
When you need a lawyer to help probate a California estate, or legal help becoming the conservator of a loved one with Alzheimer's, a mental illness or disability, contact our Monterey law office or call 831-649-1253 to schedule a consultation. We accept Visa and MasterCard.
