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  1. #1
    Join Date
    Mar 2009
    Location
    West Hollywood, California
    Posts
    1

    Angry How Can My Dad's Estate Avoid Probate if He is in a Probate Conservatorship

    My question involves estate proceedings in the state of: California
    Several years ago my father began accusing family members of breaking into his apt. stealing money and conspiring to kill him. Then 2 years ago he started to blame the banks for stealing his money. We figured that something was wrong with him. Approx. 2 years ago my father was arrested for felony vandalism - 12midnite he went to a house around the corner from me and broke someones car and house windows. This attack was meant for me. Anyway, my dad was 83y/o. The judge wanted him to stay in jail for 3 years. Because of his age, we offered to have my father psychiatrically evaluated. They found him to have dimentia with paranoid delusions. We had to promise to have him under conservatorship to avoid jail time. So we pursued this. My brother & I wanted to be conservators but he was suspicious of us, he thought we were trying to kill him to get to his money. So we compromised and had him choose his own. He hated us for this and decided not to pursue a living trust for his estate. He has a very old will bequeathing is estate to us. Currently my father is very sick and has been since 11/08. First he had a stroke, then, aspiration pneumonia, urinary tract infection and it's starting all over again. Basically it doesn't look like there is much time left for him. My question is what can I legally do to preserve my father's estate for my brother and myself - so that we can avoid probate? Can we petition for a living will and trust? Does the conservator receive a percentage of the estate? Even though he had a conservator - we were there for him before he came mentally ill and now while he became physically ill. We wanted him to be protected that's why we pursued this.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Can My Dad's Estate Avoid Probate if He is in a Probate Conservatorship

    He's been determined by a court not to be mentally competent. Unless that changes, he's not going to be drafting a new estate plan.

    You say he has a will from back before he became incompetent - expect that to govern the distribution of his assets.

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