What is California Probate? Supervising Judge of Los Angeles Probate Department Knows the Answer
Posted on | September 4, 2008 |
For those looking to learn information about California Probate Court, Supervising Judge Aviva Bobb of the Los Angeles Probate Court gives real life examples of the practice of probate in her jurisdiction. Probate cases include living trust proceedings, conservatorships, guardianship, estate distribution, minors’ compromise, elder abuse restraining orders, petitions to authorize medical treatment and tuberculosis-detention proceedings.
Trust proceedings include those where the court is asked to resolve a trust related dispute, and where the court is asked to supervise annual accountings. Trust disputes often arise where the beneficiaries’ ask for more money, such as the William Randolph Hearst Trust. One such trust case heard by the court involves “management decisions regarding Seaport Village,” a popular tourist destination in downtown San Diego.
California conservatorships are appointed and supervised by the court, and are used when adults lack the mental capacity to make medical, shelter, or financial decisions. Although conservators are most often family members, the court may appoint a Public Guardian in certain cases. Bobb gives an example of the mother of a comatose businessman and the litigation that resulted between his mistress and wife.
California guardianships are appointed for minors whose parents are incarcerated, addicted to drugs, or who have left the country. Sometimes a guardian is appointed because the minor inherits money or some other type of benefit, such as life insurance proceeds.
California estate distribution is the majority of the probate court’s business, and involves administration of estates for people who die with or without a will (see advantages of a trust, which bypasses probate). In her own words, “the stories of how people prey on the elderly to take or inherit their assets defy any fiction writer’s imagination.” Trials usually involve undue influence, competency issues, and fraud.
Tags: california probate > estate lawyer > estate trust > estate trusts irrevocable trust > living wills > probate estate > probate law > san diego probate lawyer > trust will
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