Category: Conservatorships

Subscribe to Conservatorships RSS Feed

California Professional Fiduciaries Help Elders and Resolve Conflicts

California trust and estate disputes may be avoided or resolved with the appointment of a private professional fiduciary to act in an oversight role with respect to an elder’s care and/or finances.  In a recent post, we suggested the use of professional fiduciaries or bank trust departments to resolve conflicts among family member co-trustees. Here … Continue Reading

Standing Up to Your Siblings: Who Can Bring a Financial Elder Abuse Claim?

While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder.  This is especially true if the elder does not want to bring suit in the first place.  On April 19, 2017, the California Court of Appeal reinforced an important issue related to standing to bring … Continue Reading

Rapid Increase in Sacramento Conservatorship Cases

New conservatorship cases in Sacramento County Superior Court have risen sharply over the past three years.  Judge Steven M. Gevercer, who presides in Department 129 (the Probate Division), presented startling numbers at a March 21, 2017 lunch of the Sacramento County Bar Association’s Probate and Estate Planning Section.  The panelists, including the judge and veteran … Continue Reading

Parent Custody Battles Leave Everyone Bruised

Most California trust and estate disputes are emotionally intense, and none more so than sibling conflicts over the care of an aging parent. Like a child custody fight in the family law context, siblings battle over whether Mom will remain in the home where she lives, move in with one of them, or move to … Continue Reading

“Stronger” Now – California Conservatorships Can Provide a Helping Hand to Young Adults

Guest author Karina Stanhope, a Downey Brand associate, contributes today’s post. A recent New York Times article shined new light on Britney Spears’ conservatorship. Well known for her instant rise to stardom as a Disney Mouseketeer, Ms. Spears’ fame as a young, up-and-coming pop star in the 1990s was boundless. Little less than a decade … Continue Reading

You May Have to Challenge Mom’s Trust Amendment Before She Dies

Most will and trust contests in California start several months after the death of the person who created the document. Such litigation has a forensic quality: did Mom have sufficient mental capacity back when she signed the will/trust, or was she the victim of undue influence? Mom is not around to testify as to what … Continue Reading
LexBlog