Jill Brousard has over ten years of experience helping families set their affairs in order. 

Conservatorship

What is a conservatorship?

This is a legal process by which the Court appoints a protector (Conservator) to manage the financial affairs and/or daily life of an adult due to physical or mental limitations, or old age (the Conservatee).

How does it work?

The process of establishing a Conservatorship is time-consuming and costly.  It requires the filing of a petition and a court hearing.  Often the Court will appoint a separate counsel for the Conservatee to protect their rights.  If there is conflict within the family, there may be objections requiring additional time and cost.  

Probate

What is probate?

Probate is the process in which someone is appointed to be in charge of the assets of a deceased person and through which the court monitors the distribution of those assets. It requires multiple Court hearings and is paperwork intensive.

I am the executor named in a Will; what now?

Although you are named in the Will, you are not automatically the executor. You must first "open probate." Opening probate is the process in which the Court accepts the Will as a valid document and officially appoints you as the executor. Upon your appointment as executor, the Court will issue a document called "Letters Testamentary." This document is the proof you need to show banks and other financial institutions that you are the person in charge of the estate.

What if there is no Will? Does the State of California take the property?

No. The State of California may hold property if no beneficiaries can be found. If there is no Will, the family can bring a petition for probate for Letters of Administration. Then the estate is distributed in accordance with the law stating that the next nearest blood relatives get the estate.

What is the probate process?

The probate process begins with the admission of the Will and the appointment of the executor. Then the property must be inventoried and liquidated and the creditors contacted and paid. Once all of this is done, you can close the estate and distribute the funds per Order of the Court. This process takes at minimum six months but can take years if there is a conflict. As the executor, you are required to move things along as best as you can.

Is probate expensive?

Probate fees for attorneys and executors are set by statute. They are a percentage of the estate, based upon a formula. For the average family, the cost of a probate matter is between $12,000 and $30,000, including court fees and fees to the attorney and executor. 

Additional fees can incur, depending on the amount of work that needs to be done. These can grow when selling real property or when litigation is necessary.

Estate Planning

Why should I do an Estate Plan?

An Estate Plan of any type, be it a simple Will or Trust, allows you to control how your assets will be distributed and who will be in charge of them. This does two things: it ensures that your wishes are fulfilled and prevents a lengthy probate proceeding.

Can I do the estate plan myself?

Yes, anyone can do their own estate plan, but an attorney can ensure that you draft an estate plan that will not leave behind unintended consequences. Many families have issues that a generic form cannot address. For example, a child with disabilities, a deceased child, a second marriage, and planning for your future as you age.

What is the difference between a Will and a Trust?

A Will is an instrument that is only effective upon your death. It requires the involvement of the Court through a process called Probate. The Probate process takes a year or more to complete and the assets cannot be distributed until after the process is complete. Probate is also expensive. The attorney fees are set by law with a percentage rate depending on the size of the estate. 

A Trust is an instrument that is effective the day it is signed. A trust allows you to have someone step in to handle your financial affairs upon your incapacity and upon your death and allows a married couple to make tax saving elections.

What is the difference between a Will and a Trust?

A Will is an instrument that is only effective upon your death. It requires the involvement of the Court through a process called Probate. The Probate process takes a year or more to complete and the assets cannot be distributed until after the process is complete. Probate is also expensive. The attorney fees are set by law with a percentage rate depending on the size of the estate. 

A Trust is an instrument that is effective the day it is signed. A trust allows you to have someone step in to handle your financial affairs upon your incapacity and upon your death and allows a married couple to make tax saving elections.

What happens if I do nothing? Will the State take my money?

If you die without an estate plan, your heirs (blood line relatives) will have to petition the court for control of your assets. The court, without direction from you, will distribute your assets according to the law. Under the law and have no will or trust, then: 

If you're married/have a registered domestic partner and have kids, then 1/3 goes to your spouse/partner, and the balance to your kids.

If you're unmarried but living with your companion, then your assets will go to your parents or if no parents survive you, your siblings, etc.