Probate, Guardianship, and Conservatorship Attorney in San Diego
San Marcos Lawyer to Help with Probate, Guardianship and Conservatorship
Also serving nearby areas in North County San Diego like Vista, Escondido, Carlsbad, and Oceanside.
Perhaps your elderly mother living in Escondido has shown signs of progressed Alzheimer’s disease, and you worry not just about her welfare but also about her capacity to care for your infirm father. Or maybe you just witnessed your best friend struggle for years as a long-term probate dispute tore apart his family, and you’d like to get your affairs to prevent similar squabbles from engulfing your closest friends and relatives. Attorney Darius Khayat provides knowledgeable, compassionate service to help clients throughout San Diego and surrounding areas manage the numerous (and often surprising) headaches that occur when people deal with probate, conservatorship and guardianship issues. Let’s take a brief look at these three concerns:
When someone dies, the court supervises the process of transferring that person’s assets and property (his “estate”) to inheritors. Did the decedent have a will or not? The answer will impact the terms, length, and potential frustrations of the probate process. If you are concerned about friction occurring during or after probate, you can choose from a gamut of estate planning practices. You can establish your wishes through documents like living trusts, pour-over wills and other legal mechanisms. During probate, an administrator or executor will categorize, collect, and assess your property and debts and distribute money to your heirs either according to your will or according to rules designated in something called “intestate succession.”
A conservatorship is a process in which an individual (known as the conservator) takes over another person’s financial and business affairs. The conservator is usually a friend, relative, or close associate of the conservatee (the person who has become incapacitated). His or her job is to do things like pay bills, invest money, care for assets, gift assets, sell property, and protect the conservatee from financial harm, scams, or schemes. The conservator is legally bound to get the court’s approval for certain transactions – such as borrowing, establishing a trust and selling property. And conservatorship can be cumbersome, expensive, time consuming and emotionally taxing. On the other hand, the conservatorship can help protect the conservatee from financial harm, both self-inflicted and created by outside forces.
Guardianship is an official arrangement by which a designated person (the guardian) assumes rights of care over a minor to make decisions in that minor’s best interest. In California, a guardian might handle issues regarding property, income and financial choices, medical treatment, living arrangements, day-to-day care and personal decisions. A guardian can give gifts, settle lawsuits, draft a will, pay debts, access confidential notes and papers and e-mails, and manage travel logistics for the minor. The compassionate and legally knowledgeable team here at the Law Office of Darius Khayat can help you come to terms with your responsibilities, keep your affairs in good order, and answer your questions throughout the process. Lawyer Darius Khayat serves North County San Diego as well as surrounding communities, including San Marcos, Carlsbad, Vista, Escondido, and Oceanside. Call us now: 760-591-0245.