To learn more about services relating to the administration of estates, please click on any of the following practice areas.

• Probate
• Trust Administration
• Conservatorships

Probate and Trust Administration

When someone dies, a representative must be authorized to marshal the decedent's assets, to oversee the settlement of the decedent's debts and taxes, and to make distribution of the estate in accordance with the decedent's testamentary wishes. In California, the person who takes charge and the procedures for carrying out these responsibilities depend on whether the decedent made a will, a trust, or did nothing.

Probate is a court proceeding to administer the financial affairs of a deceased individual and to determine their last testamentary wishes. If the decedent made a will, the court rules on the validity of the will and appoints an executor. Heirs and beneficiaries are given a brief opportunity to contest the validity of a proposed will. Creditors are given a brief opportunity to file claims. After all contests and claims are resolved or satisfied, distribution is made free and clear to the beneficiaries of the will. If the decedent died without a will, the estate is administered and distributed for the benefit of the decedent's heirs.

Trusts are established with similar objectives, but may be administered with or without court supervision, depending on the terms of the trust and the manner by which it was created. A trustee administers the trust assets for the beneficiaries named in the trust in accordance with the trust terms. The trust instrument sets forth the testamentary desires of the person who established the trust.

There are circumstances when the affairs of a decedent may be handled without a probate proceeding or the administration of a trust. Typically, these circumstances involve a decedent with a small estate, assets held in joint tenancy, or an estate comprising of only life insurance or retirement benefits.

If someone close to you has passed away, you may have questions about your rights and responsibilities or you may have concerns that someone acting as a representative of the estate is not fulfilling his or her duties. I welcome your inquiries by e-mail or by telephone.

Conservatorships

A living person with diminished mental capacity may require the appointment of a representative to assist with their finances and personal care. Diminished mental capacity may result from aging, injury or disease.

To anticipate the need for assistance, a person may designate an agent under a Durable Power of Attorney for Health Care. To be valid, however, the party making the power of attorney must have capacity. Often, the need for a representative is determined after capacity is already diminished.

A Conservatorship is a court proceeding designed to protect an individual who can no longer protect him or herself due to advanced age or trauma. If the court determines that the party to be protected is substantially unable to provide for their personal care or to manage their finances, the court appoints a conservator to act as the representative for the protected party, the conservatee. The conservator is charged with the responsibility of overseeing the personal and medical care of the conservatee and is authorized to transact business on behalf of the conservatee. The Conservator is required to file annual accountings and reports.

I help the loved ones of incapacitated individuals with the process of obtaining court authority and with the ongoing procedures required by the Probate Code and local rules. I also serve on the Los Angeles County Superior Court Probate Volunteer Panel as court appointed counsel for conservatees.

If you have questions concerning a possible or existing conservatorship matter, please contact me.