In a guardianship or conservatorship proceeding, you have an obligation during these petitions, accounts or filings to give service to a minor involved in the estate. If the minor is over the age of 14, you would need to serve them directly. However, if the minor is under 14 years of age, then there’s a [...]
When acting as a fiduciary, the court will need proof. Thus, a Fiduciary Proof of Identity form was created. The Fiduciary Proof of Identity form is something that requires basic information that one should have readily available to them. With this form filled out, you have the proof that you serve in a capacity for [...]
An individual who was under a conservatorship has passed away. The conservator will need to do something with the assets he or she has control of and turn them over. Because of the transition of estates (going from conservatorship to a deceased estate), the personal representative will want to have the Receipt of Property from [...]
In guardianships and conservatorships, an interested person may be on the outside, looking in at all the legal proceedings. However, that interested person wants to be given notice of future proceedings or in the event a proceeding will be filed. That interested person can be given proper notice by filing the Request for Notice Guardianship [...]
Many times when someone files a petition with the probate court, that person is drafting the language of the petition from scratch. Drafting from scratch is generally done when there’s a lot that is being requested. For something more narrow or specific, there’s a form which someone can file. On top of that, it can [...]
When a conservator has a piece of the ward’s real estate that needs to be disposed of, they will need authorization. Whether it’s being sold, mortgaged, pledged or made lien, a conservator should know that there’s a form required to be filed with the probate court. This form is known as the Order Regarding Real [...]
After the petition for conservator – adult or minor – is filed and served, the probate court will have a hearing on the petition. The end result of this hearing will result in an adjudication – a judgement of the court. The way in which the court will file a ruling is with the Order [...]
Sometimes conservatorships do not go the way they should. For example, a conservator could be failing to uphold his or her responsibilities as one. If this happens, the conservator can be removed from his or her position by filing the Order for Administrative Closing Conservatorship to the probate court. The Order for Administrative Closing Conservatorship [...]
When someone has filed a petition to the probate court, they are asking for the court to do something. After the petition is filed, there’s a notice and hearing, which is followed by the court making a ruling. Once the court speaks, the ruling and direction taken going forward is put down on a form [...]
A minor conservatorship oversees financial assets for an individual who under the age of 18. When that minor turns 18 however, they are entitled to the financial assets that were part of the minor conservatorship. When this happens, the conservator will need to be ready to distribute the assets over to the now former-minor. To [...]
