The Michigan Court of Appeals recently issued an interesting ruling regarding the ability of a litigant in probate litigation to recover attorney fees from the trust in dispute, even if all parties agree to such payment. In...more
Michael Oher, retired NFL star, filed a petition in probate court on Monday asserting that he was tricked into consenting to a conservatorship (in Florida we refer to this as guardianship) which he believed was an adoption by...more
People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a guardian/conservator amounts to a...more
This program will briefly detail the requirements of obtaining a probate conservatorship in California over an adult individual’s person and estate. It will include information about obtaining emergency orders of...more
The most basic and streamlined approach to avoiding probate litigation is planning ahead. Plans may include full, comprehensive estate plans, simple transfers of real estate, the implementation of protective measures or...more
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more
Even a court order approving an accounting may not protect a California fiduciary if the accounting is inaccurate. That’s the upshot of Hudson v. Foster (2021) ___ Cal.App.5th ___, a recent California Court of Appeal decision...more
Zachary Young is a private professional fiduciary with CMY Fiduciary Services in Sacramento. His mother, Carolyn M. Young, began work as a fiduciary in 1986. Zach received his bachelor’s degree in business and communications...more
Under the umbrella of probate litigation falls guardianship and conservatorship disputes, Will and trust contests, fights over family real estate and whether or not a gift was actually meant to be a gift. The most basic and...more
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more
Probate courts and pop culture are an odd mix, but nothing is normal these days. First, there is the crime thriller “I Care A Lot” that portrays a ruthless, unethical court-appointed guardian and a son of one of the...more
If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are...more
(1) The Maricopa County Probate Courts Remain Open - Although things change daily, Maricopa County Courts remain open, subject to certain restrictions. You can find the most up to date Arizona court notices on our COVID-19...more
Frequently when a conservatorship proceeding is commenced, the proposed conservatee is residing in his or her personal residence. Having a conservatorship established can be a distressing experience for a conservatee who has...more
Seniors are vulnerable to financial elder abuse and are often victimized, but there’s a scarcity of government resources in Sacramento County and elsewhere in California to address the problem. On May 21, 2019, the...more
A conservatorship, once ordered by a Superior Court judge in California, deprives a person of the right to control his or her financial affairs or person, or both. When the judge appoints counsel for the proposed conservatee,...more
Based on recent appellate cases, one of which is discussed below, the court’s scrutiny of conservators’ conduct and, specifically, private fiduciaries, is seemingly on the rise. Private fiduciaries acting as conservators...more