A general conservatorship usually continues until the conserved person (called the “conservatee”) dies. Courts and conservatorship attorneys avoid the term “permanent conservatorship” because it suggests that the conservatee will never regain their independence. However, in most cases—particularly those involving elderly conservatees—that’s exactly what happens. The article addresses the termination of conservatorships upon the death of…

Litigation is expensive. Although every case is different, it is not uncommon for a case that runs through trial to cost each side hundreds of thousands of dollars in attorney’s fees.  As a result, a litigant should always evaluate whether he or she may have a right to recover their attorney’s fees if a case…

One of the unique aspects of trust, estate, and conservatorship litigation is the fiduciary duties that one party often owes to an opposing party. These arcane terms —“fiduciary” and “fiduciary duty”— are rarely heard in everyday conversation, and yet as soon as one has the misfortune of being involved in a trust or will dispute,…

Most people know that a defendant in a criminal case has a Constitutional right to an attorney.  Our clients are often surprised to learn that certain individuals have the right to an attorney in various “protective proceedings” under the Probate Code.  Subject to the discretion of the court, minor children in guardianship proceedings and conservatees…

This series of three posts examines fiduciary compensation in California.  Fiduciaries in California are generally entitled to compensation for their efforts.  (By “fiduciaries” we mean executors, conservators, guardians, and trustees.)  However, the Probate Code contains myriad rules governing compensation, and in Northern California different counties (Alameda County and Contra Costa County, for example) have widely…

One of our goals with this blog is to address some of the questions we are most frequently asked by our clients.  One of those questions – and the one that is probably the most frightening to clients – is “how much is it going to cost?”  As you would expect, the answer depends on…

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