When a person becomes incapacitated and is no longer able to manage their finances, family members or other concerned individuals may petition the court to establish a conservatorship for the management of the incapacitated person's estate. The conservator may be an individual or an institution. Conservators are fiduciaries and have many important duties, responsibilities and obligations. In addition to aiding families in establishing or administering conservatorships, our attorneys also extensive experience in litigating the various issues and legal disputes that sometimes arise in the course of a conservatorship proceedings.
Hinojosa & Wallet, LLP represents clients throughout California in a variety of conservatorship litigation matters, including:
- Contested Conservatorships
- Contested Initial Appointments
- Removal of Conservator
- Appointment of Successor Conservator
- Contested Termination of Conservatorship
- Determining Capacity
- Accounting Disputes
- Undue Influence/Fraud
- Surcharge Litigation
- Elder Abuse
- Title Disputes (i.e., Probate Code Section 850 petitions)
- Serving as an Expert Witness
Nature of Conservatorship Litigation
There are many reasons that may give rise to litigation in the conservatorship context. Any person, including the proposed conservatee, their family members, or friends, may object to the appointment of a conservator, or to the appointment of a specific person or entity as conservator. Moreover, conservators are fiduciaries, and are obligated to use due care and diligence in the management and control of the conservatee's assets; professional conservators are held to an even higher standard of care than non-professional conservators. Unfortunately, some conservators abuse their power and negligently handle or intentionally misappropriate the conservatee's assets. The actions of a conservator are subject to constant scrutiny and potential attack by other parties.
Seek Experienced Legal Representation
The attorneys at Hinojosa & Wallet, LLP have a wealth of experience in conservatorship litigation and have successfully represented numerous client in all aspects of conservatorship litigation. We also have an unparalleled reputation in the legal community for favorably resolving even the most difficult and challenging cases. For a consultation regarding your conservatorship litigation matter, please contact us via email or at (310) 473-7000.
In the Trust context, Mr. Wallet is available to serve as a trustee, interim trustee, or successor trustee of a trust. In this capacity, he is guided by the terms of the trust document and the intent of the settlor(s), or by agreement of all of the beneficiaries or parties involved. The administration of each trust will be different due to its terms, the beneficiaries, types of assets comprising the trust estate, liquidity requirements and the objectives of the trust. Mr. Wallet is often appointed by the court as successor trustee during litigation involving beneficiaries. Mr. Wallet offers comprehensive trust administration services, including arranging for all tax-related representation with outside accounting firms.
In the context of Conservatorships, Mr. Wallet's work includes serving as court-appointed conservator of an estate or successor conservator of an estate and can include:
- Arranging for accounting services
- Collecting and accounting for all income and principal transactions
- Paying fiduciary expenses and bills and accounting for all transactions
- Communicating details of transactions and important information
- Determining an investment objective for each fiduciary account
- Investment management decisions for the estate assets or the hiring of an investment manager
- Insurance administration including health, automobile, homeowner's, personal property, liability, and long-term care programs
- Arranging for all tax work required; allocate to outside accounting firms to include household employee withholdings
For further information regarding fiduciary services offered by Mr. Wallet please visit his page under Attorneys. For a consultation regarding Mr. Wallet’s fiduciary services, please contact us via email or at (310) 473-7000.