PROBATE
With our expertise in these specialized areas of law, Victorium Legal is the ideal choice for families and individuals navigating the complexities of conservatorships, guardianships, and probate matters. We are committed to providing you skilled legal services, ensuring the wellbeing and protection of your loved ones. Contact us to explore how we can assist in these crucial legal matters, delivering peace of mind and expert care.
Probating a Will is a court process that includes determining if a valid Will exists, inventorying assets and property belonging to the estate, taking care of the decedent's financial liabilities, and identifying heirs and beneficiaries. Once all financial liabilities have been satisfied, and no claims have been submitted against the estate, the remaining property and assets can be distributed. If the decedent passed away with no Will, you would still need to go through a Probate process. Here is how we'll handle your probate matter at Victorium Legal:
- Open probate: To begin probate, we'll help you prove to your local county court that you're the right person to settle the estate, taking the guesswork out of the steps and necessary documents.
- Inventory of assets and debts: Uncover all the assets owned by the estate and we'll help you create a plan to take care of each asset and debt and present that plan back to the court for approval prior to executing.
- Distribute the estate: Once our plan is approved, it's time to execute the plan. This might include things like selling property, closing accounts, or distributing money to heirs.
- Close the estate: Now that all assets have been distributed, we will help you in submitting documentation that proves we executed the plan accordingly. The estate is now closed, and you can take a deep sigh of relief.
Our primary goal is to protect our clients' rights and provide them with the support needed to navigate emotionally demanding trust and probate litigation. Our extensive experience in this field has enabled us to assist numerous clients in achieving favorable outcomes. Understanding the unique challenges that come with trust and probate disputes, we place a high priority on clear and consistent communication, ensuring that our clients are always informed about the status of their case and the forthcoming steps.
Guardianships and Conservatorships
If you're in California, you may have come across the terms “conservatorship” and “guardianship.” These are court processes that establish legal authority for an individual to assume the duties and obligations of caring for another person. Whether you're seeking information for yourself or someone you know, this comprehensive guide will provide valuable insights.
Guardianship vs Conservatorship
Before becoming a guardian or conservator, it's crucial to understand the duties and obligations that come with these roles.
AS A GUARDIAN:
When you become a legal guardian, you assume a range of important duties and obligations. As a custodian of a minor, you gain control over their well-being, including custody and decision-making authority. Moreover, you become a fiduciary, entrusted with acting in the best interests of the minor. This responsibility extends to providing essential care, such as education and healthcare. In essence, you step into the shoes of the parents and become liable for the actions of the minor.
AS A CONSERVATOR:
Similarly, as a conservator, you have a duty to act in the best interests of the Conservatee. The specific responsibilities may vary depending on the needs of the individual you are caring for. As a conservator, you may assist with handling vital aspects of the Conservatee's life, including healthcare, meals, clothing, personal care, housekeeping, and transportation. Essentially, your role is to ensure the Conservatee's well-being and provide any support they require to lead a fulfilling life.
THE FILING PROCESS:
To initiate the process, you must file a petition with the court to appoint a guardian or conservator. The initial filing fee may vary with each county but it is around $435. This fee covers the legal proceedings required to establish your authority. However, it's important to note that attorney fees are additional and can vary based on the complexity of the case and whether it is contested or uncontested.
INVESTIGATION AND REPORTS:
In most cases, the court will require an investigation to gather information about the circumstances surrounding the conservatorship or guardianship. This investigation usually involves a report, which typically costs between $800 and $1500. Additionally, a physician's report may be necessary, incurring an additional fee ranging from $200 to $500. These reports play a crucial role in helping the court make informed decisions.
ONGOING COSTS AND FEES:
Once the guardian or conservator is appointed, there will be ongoing costs and fees associated with the guardianship or conservatorship. If you are responsible for managing the Conservatee's estate, you may need to provide an annual accounting to the court. Completing these accountings may require the assistance of accountants or attorneys, incurring further fees. Additionally, guardians or conservators may be eligible for payment for their time and effort dedicated to the well-being of the conservatee.
