Sirkin Law Group. P.C.

What happens after a conservatorship ends?

The end of a conservatorship proceeding can come anytime before the death of the conservatee, or as a result of the death of the conservatee.  

What happens next after a conservatorship ends?  Any assets left in the hands of the conservator must be turned over the the estate personal representative.   But before that happens, the Conservator must file a Petition for Final Account.   In that petition, the conservator will ask the court for authority to hand over the remaining assets to the personal representative.

If a conservatorship ends during the life of the conservatee, it is terminated by the court.  In that case, proper estate planning or a special needs trust may be used to avoid a possible future conservatorship.

What if there is no personal representative appointed?

The court may continue the conservatorship hearing, until such time as someone is appointed to receive the balance of the assets after death.   If the total assets do not exceed $150,000, the Conservator may upon a relative submitting an affidavit of small estate, and the passing of 40 days after death, to ask the court to distribute that informally.

Do you need Conservatorship advice?   If you would like to learn more about what happens after a conservatorship ends in Los Angeles, contact our Woodland Hills expert conservatorship lawyer, Mina Sirkin at 818.340.4479 or email: [email protected]  For a referral to a private conservator, contact us.

To learn more about our probate and conservatorship services in Woodland Hills and Los Angeles, see our website here:  Probate and  Conservatorship .

Other articles of interest: 

Role of a Conservatorship Attorney in Management of Estates in Woodland Hills

What happens after a conservatorship ends?

Conservatorship as Protective Measures in Family Disputes

Wills for Disabled Persons by Woodland Hills Conservatorship Attorney

 

 

 

 

 

 

 

Wills for Disabled Persons by Woodland Hills Conservatorship Attorney

WILLS FOR DISABLED PERSONS -WOODLAND HILLS CONSERVATORSHIP ATTORNEY

Mina Sirkin, a Woodland Hills Conservatorship Attorney explains Wills for Disabled Persons.   People who are not familiar with the process of making a will for disabled persons, often think that you cannot create a will for a disabled individual.   That is a myth.

First, you have to determine if the disabled person has capacity to make a will.  This is called testamentary capacity.   The threshold for Testamentary capacity is not very high.  It merely requires the person who executes the will to know his or her assets, and to be able to identify his family members, or natural objects of his/her bounty.

HOW DO WE DETERMINE IF SUFFICIENT TESTAMENTARY CAPACITY EXISTS?

Because we need an expert opinion, we ask a psychiatrist, psychologist or neurologist to examine the person who wants to make a will.    The report of of the doctor regarding capacity will tell the lawyer whether a will can be made normally, or whether the will needs to be made in a conservatorship case.

IS CAPACITY THE ONLY THING YOU NEED WHEN YOU MAKE A WILL FOR A DISABLED PERSON?

Not exactly.  A process for person who makes a will should be free of undue influence of others, mistake, or fraud.   As lawyers, we ask lots of questions about the circumstances of the person who wants to make a will.   If the person lacks capacity, the court can monitor the making of the will in a substituted judgment petition proceedings.

WHAT SHOULD YOU ASK A CONSERVATORSHIP LAWYER?

When an older adult decides to make a will, he or she should visit an attorney to get advice.   The attorney makes the first call as to whether there is capacity to make a will.  Ask the attorney about the circumstances when a will can be made despite a diagnosis for the elder.   Our Elder Law attorney in Woodland Hills advises families in creating wills for disabled persons.

CONSERVATORSHIP & WILLS ATTORNEY IN WOODLAND HILLS

Mina Sirkin is a Conservatorship and Wills attorney in Woodland Hills and Los Angeles.  Call our Woodland Hills Conservatorship advisor at 818.340.4479 for a Free Probate Consultation in Los Angeles or email us at [email protected]