Category Archives: Probate attorney orange county ca

Estate Information

California provides special rules for small estates to avoid the expense and time of a regular probate procedure.  As of January 1, 2012, eligibility limits have been raised from $100,000 to $150,000 for the value of all the property that would otherwise be subject to probate.  Real estate of small value, up to $50,000, can…
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Avoiding Probate

There are several ways to avoid probate in California, and it would be wise to consult an estate planner to discuss which method of transfer to beneficiaries would suit your particular circumstance. Taking a property in joint tenancy keeps a property out of probate.  A living trust would keep all assets in the trust outside…
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Per Capita vs. Per Stirpes

Often in wills or trusts, an individual will designate the shares given to individuals as “per capita” or “per stirpes.”  What is the difference?  Per capita means “per individual.”  This means that if someone says, “I give to my children equal shares, per capita, my estate,” all individuals living at the time will take an…
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Living Arrangements for a Conservatee

When you are the conservator of a person, you will have the right to decide where the conservatee under your care will live but you must allow the conservatee the right to give his/her opinion on the living arrangements. The living arrangement for the conservatee must be safe, comfortable and must be accommodating to any needs and…
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Rights of a Conservatee

Though a conservatee may not be capable of taking proper care of themselves or their property and finances, that does not mean they have no rights. They still have a say in decisions that affect their lives and they still must be treated with respect and patient understanding. They have a right to be well looked after, and have…
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Duties of a Conservator

What are the Duties of a Conservator? - When a person (a conservatee) becomes unable to care for themselves and/or their property and finances, a judge can decide to put another person or organization (a conservator) in charge of the conservatee's own care and/or property and finances. This arrangement is called a conservatorship. The court will…
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What is a conservatorship?

If you are confused as to, What is a conservatorship? In a nutshell it is a means by which a Family member can obtain an order from the Probate court that a loved one is unable to take care of him or herself and/or can not manage his or her own finances.  The Probate Court…
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