Probate Court Proceedings

The primary goal of most proactive estate planning is to avoid time-consuming and costly Probate Court Proceedings. However, when Probate Court is unavoidable, it is important to retain a law firm that understands the Probate Court's complex procedures and distinctive deadlines. Shiells & Hammer can help you petition the Probate Court for relief in a wide variety of situations, including:
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• Probating a Will: Unlike a trust, California Law requires that distribution of assets pursuant to a will take place under the supervision of the Probate Court. This can be a lengthy process which involves filing legal documents and appearing in court to discuss/defend your position. At Shiells & Hammer our attorneys are skilled legal writers with real court room experience. We can help you Probate the Will of a loved one while avoiding the pitfalls of this complex process.

• Estate Administration: When someone dies without a Trust or Will, California Law requires their estate to go through intestacy. At Shiells & Hammer we can help get an executor named and work with the executor to make sure the assets in the estate are efficiently distributed to the proper heirs.

• Conservatorship: A Conservatorship is a legal proceeding where an adult is given the legal authority and responsibility to care for another adult or child. This often occurs when the candidate is physically or mentally disabled. Conservatees often have Alzheimer's, Autism, Parkinson's, or other debilitating diseases. When a loved one is in need of a Conservatorship, we can help a spouse, child, or close friend petition the Probate Court to become the Conservator.

• Guardianship: Guardianship proceedings are similar to Conservatorship proceedings. However, Guardians are appointed to protect minors. A guardianship is often appropriate when a parent dies, becomes terminally ill, or is disabled. Establishing a Guardianship allows the appointed Guardian to take legal responsibility for a minor child.