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No, if the deceased person held property in a joint tenancy with someone else, or as survivorship community property with a spouse, or in a trust, payable-on-death or transfer-on-death accounts, those items need not go through probate.   However, California will likely require a probate whenever someone dies without a will or trust, with only a will, without a properly drafted trust, or if there is a dispute as to the validity of those nonprobate transfer instruments, e.g., a defective joint tenancy deed.

These are special conservatorships for persons in danger to him/herself or others.

A limited conservatorship is generally for an adult who has a disability that began prior to turning eighteen and is designed to promote as much self-sufficiency as possible.

A conservatorship is often ordered when a person is already incapacitated. A power of attorney must be created before a person becomes incapacitated.  A power of attorney is much more limited in scope and is limited to financial assets.  With a conservatorship (unlike a power of attorney or health care directive) a conservatee may be compelled to see a medical provider, submit to certain treatment. Lastly, (unlike a power of attorney) a conservatorship would afford the conservator the ability to seek direction from the court as how to proceed in a particular situation thereby protecting the conservator and the conservatee.

A conservatorship is a court proceeding where a court appoints a person (conservator) to care for an adult (conservatee) who cannot tend to the conservatee’s own needs or manage his or her financial affairs.

Yes, under certain circumstances, you may have a claim under a Marvin action just as a surviving spouse would.

No, if you have reason to believe that your deceased loved one would have intended a different distribution, there are multiple grounds to challenge that distribution.  For example, your loved one may have been the victim of undue influence, fraud, elder abuse; your loved one may have been suffering from some mental impairment, (e.g., dementia) when the subject document was created.  

Approximately one year; however, there exist several ways to facilitate an earlier disposition and conclusion, e.g., a waiver of the final accounting.

Subject to few exceptions, four months.

This is not an unusual factual scenario.  We can work with you in the eviction process in order to make the property financially productive.  We can even help you stop the foreclosure process in order to sell the property.

With respect to a trust, California Probate Code requires that the original will must be filed with the court within 30 days after a person’s death.   Regarding a trust, once the trust becomes irrevocable, (usually be the death of the creator of the trust) the survivor trustee must provide a copy of the Trust to any beneficiary or heir upon demand.

If there is a will, the person named as an executor usually files a Petition to Probate the Will.   If the executor no longer wishes to act as executor, that person may decline those duties.  In that instance, California allows any interested party to petition for appointment.

The main function of estate administration of the representative are to:

collect and manage all assets,

give proper notice to interested parties,

pay debts and taxes owed by decedent,

liquidate assets when appropriate;

and finally, distribute the balance of the assets.

Absolutely, executors, administrators of a probate and trustee have certain duties.  If they refuse, neglect, or refuse to account for those duties, they can be removed.

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