If you have minor children, it is important to consider the estate planning implications of providing for them before they reach the age of 18. If you leave your children a substantial inheritance, it will be necessary to name a guardian for their estate until they reach the age of…
A guardianship is a type of probate proceeding where a person is appointed to oversee the property and finances of a minor. There are many circumstances that might necessitate such a guardianship. For example, if a minor inherits or receives a large amount of money, a court may appoint a…
If you plan to leave money or other assets to a minor as part of your estate plan, you need to consider how such a gift will be administered. Minors—that is, anyone under the age of 18—generally cannot manage their own funds. Under California probate law, a court may appoint…
Planning one’s long-term affairs usually spurs thoughts about designating who will get what in an inheritance and explaining end of life wishes. But, there is much more to consider. For example, planning for residents with young children must include difficult decisions about the long-term care of their kids in the…
The San Diego Union Tribune, in April of 2011, have an article discussing retirement, estate planning and guardianship. In the article, which deals with financial planning as well as other issues, one of the recommendations is for an estate plan and guardianship of their children. An estate plan can include…
Guardianship of the person means that the guardian of the minor arranges for the protection and care of the minor. This includes housing, clothing, food, shelter, education and all other needs. The guardian of the person also is in charge of all the personal needs of the minor, their education…
In San Diego, the San Diego Superior Court hears cases invoving guardianship. These cases are heard in the Probate Division. Guardianships can be both of the estate and/or person and gives legal custody of a minor to someone who is not their parent. If a child is in immediate danger,…
During the time you are the appointed guardian of a minor child, you are responsible for providing for all the personal needs of that minor such as food, shelter, education, and health needs. Your responsibilities remain in effect until the child reaches the age of 18 or the guardianship is…
Petitioning the probate court to be appointed the conservator of someone’s person or estate may be necessary when an individual has become legally incapable of taking care of himself or unable to handle his finances, and has not created a durable power of attorney for finances. The majority of the…
Whether you are married or divorced, one of the most important decisions you have to make in estate planning is the choice of a guardian for your minor children. Some clients who are divorced ask whether they still need to nominate a guardian if they are divorced. Won’t the other…