When your loved one is incapable of handling their affairs, whether financial or their own care, it may be time to consider a judicial conservatorship or guardianship of the person or the estate — especially if your loved one may be the subject of financial or elder abuse. Whether you need help analyzing whether a conservatorship is warranted or need help defending against a frivolous guardianship action, we can help.
RMO has a proven track record of protecting people and defending legacies.
“Absolute pleasure to deal
with! I highly recommend Scott and RMO. They are direct, honest and helpful, and guided my family in a conservatorship dispute. Honesty these days is harder and harder to come by and it’s much appreciated!”
Misty A.
“For a person who did not know where to start in seeking guidance for my family’s estate and legacy, Patricia who was the intake specialist and Scott Rahn were an amazing introduction to this world! Their friendliness, willingness and prompt responses / follow-ups were appreciated and timely. True professionals! I have them on my important people list to share with my friends and family who may need their services. FIVE STAR Service!”
Tiffany G.
“Scott Rahn and his team are not just a zealous advocates but caring individuals. Scott has a great bedside manner and takes care of his clients who are often times in a very vulnerable position. I highly recommend Scott to anyone looking for an aggressive yet compassionate attorney.”
Eliza G.
We investigate initial facts and develop a deep understanding of the people, documents, and events.
We analyze the law and apply what we learned from our initial fact investigation to the law to guide case strategy.
We advise you of our initial impressions and recommend and employ strategies aimed at achieving your goals.
We constantly evaluate case developments and update you to further fine-tune strategies and maximize resources.
We execute on agreed upon strategies efficiently, to maximize your return.
We secure better results sooner for less legal spend, ending your dispute, which allows you to move on with your life.
To establish a valid conservatorship or guardianship, a party must follow set steps and legal procedures. RMO Lawyers can help you with the following steps of the process of conservatorship and guardianship litigation.
Probate begins when a petition to open probate is filed with the Superior Court in the county where the deceased person resided. Once the petition has been received, the court will set a hearing date. All interested persons (the personal representative, heirs, beneficiaries named in the will, and creditors) will receive notice of the date and time of the hearing.
At the first hearing, the court will appoint the estate’s personal representative, unless their appointment is contested. If the deceased person left a will that identified a specific person as their executor, the court must approve and finalize the appointment. If the court does not approve or if the individual does not want to serve as the executor, the court may need to appoint someone else. Once a personal representative is accepted, the court will issue Letters Testamentary, which is a legal document that allows the executor to access estate assets and otherwise administer the estate.
After the personal representative receives Letters Testamentary, they are responsible for collecting all of the deceased personal assets that are subject to probate. The executor will then be required to submit an inventory of the estate property to the court.
Once the assets have been inventoried, the personal representative must provide notice of the death to all of the deceased’s creditors. Creditors with outstanding debts can submit claims and receive payment from the inventoried assets. Under California law, creditors must submit claims within four months of the executor’s appointment.
The personal representative must also ensure that state and federal estate taxes are paid before distributing any assets to heirs.
After the personal representative has completed all of their responsibilities, they will file a Petition for Final Distribution with the court, which will require a later hearing to be held. At this hearing, the personal representative will provide a detailed accounting regarding the use of estate assets. The judge will review this information to ensure all of the legal requirements were met. Once the judge determines that the estate has been appropriately administered, they will sign the Petition for Final Distribution and close the estate.
We investigate initial facts and develop a deep understanding of the people, documents, and events.
We analyze the law and apply what we learned from our initial fact investigation to the law to guide case strategy.
We advise you of our initial impressions and recommend and employ strategies aimed at achieving your goals.
We constantly evaluate case developments and update you to further fine-tune strategies and maximize resources.
We execute on agreed upon strategies efficiently, to maximize your return.
We secure better results sooner for less legal spend, ending your dispute, which allows you to move on with your life.
There are several circumstances where a conservatorship or guardianship may be a viable option for promoting the well-being of a vulnerable individual. An attorney can be a valuable asset in a variety of situations that require establishing and navigating a conservatorship or guardianship.
Many families ask us when a guardianship or conservatorship is necessary. While this answer varies from individual to individual, it typically becomes necessary when an individual lacks the capacity to make or communicate responsible decisions about their finances or personal care.
When age-related decline, such as dementia, Alzheimer’s, or other age-related illnesses, makes it challenging for them to manage their personal and financial affairs, it may be time to consider a guardianship or conservatorship.
Meanwhile, if there are concerns about financial elder abuse or the individual is susceptible to manipulation or exploitation, guardianship or conservatorship may be necessary to protect their interests and assets.
If you are wondering if your loved one needs guardianship or conservatorship, schedule a consultation today.
In both conservatorships and guardianships, an individual may serve as a conservator or guardian of either a person or an estate. A conservator or guardian of a person is tasked with making medical and personal decisions for their conservatee or ward. In contrast, a conservator or guardian of an estate is solely responsible for managing financial matters.
If you’re uncertain about the distinctions between these arrangements and which one best fits your needs, seeking advice from an attorney experienced in both can offer valuable guidance. Schedule a complimentary consultation with RMO Lawyers to assess your situation and determine the most appropriate option for you.
Rules pertaining to who can petition for guardianship or conservatorship vary depending on the jurisdiction, but typically, the following individuals may be able to:
Others can petition, but the process is very involved and requires the utmost dedication to the incapacitated person’s best interests. Consulting with an attorney experienced in guardianship and conservatorship proceedings can provide valuable guidance and assistance throughout the process.
RMO, LLP Trust litigation attorneys and probate lawyers. We protect people like you, Every day.
The information provided on our website and in our videos are for general informational purposes only
and does not, and is not intended to, constitute legal advice. You should consult an attorney for advice
about your specific legal matter.