Probate Process

Generally probating an estate involves three main processes:  1) determining what is owned by the decedent; 2) paying the decedent’s liabilities, debts, taxes; and 3) distributing the remaining property to the proper beneficiaries.

Conservatorship

The creation of a conservatorship transfers the duties and responsibilities of managing the conservatee’s personal care and financial affairs to another. A conservatorship is also an effective tool in helping someone who is unable to resist fraud, or undue influence of another.

Elder Abuse

Remedies for Financial Elder Abuse are not only damages for the taking, but also attorney’s fees and costs.  If it can be shown that the wrongful actor acted with malice, fraud, oppression or recklessness pain and suffering may also be awarded.

Wills & Trusts

An interested party may seek to remove a personal representative, administrator, or executive for failure to properly process the probate, challenge the personal representative’s accounting, and seek a surcharge against the personal representative for wrongful conduct.