Probate is the legal process that California has set up to administer an individual’s will after their death. In order to transfer the deceased person’s assets to his or her heirs, a probate process will need to occur in court and the court will need to sign-off on the distributions to heirs at the conclusion of the process.

An elder can be vulnerable to physical and/or financial elder abuse. California has laws in place to protect elders but often a family member or loved one is needed to step in and assist the elder to benefit from these laws. Legal representation can assist in holding abusers accountable depending on the situation.

A conservatorship is a legal mechanism to protect an elder’s physical or financial well-being. A conservatorship may be required to oversee the elder’s healthcare or financial life if the elder is not able to accomplish tasks on their own. Conservatorships usually arise when an elder does not have a valid estate plan including a trust, will, healthcare directive or durable power of attorney.

If you believe that someone unduly influenced your loved one in the creation or revision (trust amendment or will codicil) of a trust or will, you may have the right to contest the suspect document. Please note that strict deadlines can apply to trust and will contests in California and you will need to comply with these deadlines in order to succeed.