Found an issue on this page? Let us know and we will look into it as soon as possible.
How long can funds by a Conservator be withheld from the beneficiaries after the estate has been closed by the court?
Anonymous2 views3 answers
This is a conservatorship that was over the person and estate of the conservatee. The conservatee past away well over a year ago. Due to errors in the accounting that she paid a lawyer $300 an hour for, the conservatorship wasn't officially closed until 10-28-11. The conservator fails to respond to emails, has broken many rules according to the handbook, hid the conservatee without letting family know a current address, bunched money all into a couple bank accounts and lost 150k during the bank collapses a couple years ago,let the health insurance lapse which then charged the estate thousands a month to pay for medication, and a myriad of other abuses. The main question is the one above, although separately I would like to know if other legal action is possible. Thank you for your time.
You mention that the conservatorship was "officially closed", which I take it to mean the court has approved the conservator's final account and report. If that is the case and you failed to timely bring these issues to the court's attention, it may be too late to challenge her actions now. As to your main question, when the conservatorshio is ordered closed, the order typically requires the conservator to promptly turn over the assets to the personal representative of the deceased conservatee's estate. In fact, the conservatee cannot be discharged and her bond released until the conservatee files a receipt proving distrbution was made to the estate. Has an estate been opened yet? If not, what is the value of the remaining assets on hand? The value may determine whether a formal probate is required. Under Calfiornia law, formal probate is not required if the gross value of the estate is less than $150,000. I urge you to consult with a probate attorney to determine your rights.
I agree with everything that Thomas said, and would like to emphasize that you need to contact a probate attorney in your area (or in the county where the conservatorship was handled, if different) AS SOON AS POSSIBLE.
As Thomas has indicated, there are specific timeframes within which objections can be made and other actions can be taken, and while many of these deadlines have probably passed (since the conservatorship has already been "closed"), the longer you wait to contact an attorney the more likely it is that you will loose additional opportunities to object and/or to direct what happens next.
Many attorneys offer a free 30-60 minute consultation, and can answer further case-specific questions for you during that meeting. You can also find attorneys who offer low cost or free consultations through the California State Bar's Lawyer Referral Service (see link below).
Good luck!
I agree with Attorney Dominick, and encourage you to consult with a Ventura County probate/estates/trust attorney, ASAP. Time is of the essence here. BTW, the $150,000 limit for summary administration of small estates excludes some assets which may help keep the amount under $150K if you are close, like licensed vehicles and some unpaid salary (may not be applicable to a conservatee case - just saying).
Richard A. Rodgers, Esq.
(805) 230-2525
200 N. Westlake Blvd. Ste 201
Westlake Village, CA 91362
[email protected]
www.sdresq.com
