Cava and Faulkner

The executor’s main duty is to ensure all matters pertaining to distributing assets and paying debts associated with the estate are completed in a timely and legal manner. Being named an executor is a position of trust, and any betrayal of that trust can have serious consequences.

Theft from an estate is known as inheritance theft and is grounds to have the executor immediately removed from their position. Suppose you feel that an executor has been stealing from the estate; you need to consult with a trust attorney as soon as possible before even more assets can be embezzled. Contact our law offices and ask to schedule a free consultation as soon as possible.

What is the Legal Definition of Stealing From an Estate?

Inheritance theft can also be considered the crime of embezzling. In many cases, the theft occurs before the estate inventory can be completed. The executor may fail to properly report assets or other financial holdings that belong to the estate.

Any type of stealing is considered to be a serious crime in California. This type of theft can be challenging to prove and may require a great deal of evidence presented by the plaintiff. Evidence can be in the form of documents and testimony from the plaintiff or other witnesses.

Can the Executor Go to Jail for Stealing From an Estate?

Inheritance theft is a criminal offense in California. The courts have the legal authority to order the Executor to make restitution to the estate by paying damages and demanding that all of the stolen assets be returned. If the state attorney decides to bring criminal charges against the Executor, they could face being criminally convicted and potentially serving up to 25 years in prison. However, often the problem is dealt with in civil court rather than in the criminal justice system. In either case, a knowledgeable trust attorney can assist you in gathering crucial evidence such as documentation, assessing damages, and providing representation in court.

How Long do I Have to Respond to Beneficiary Notice?

The trustee of an estate is required to send out a notice informing beneficiaries when trust changes have occurred. If you feel that the Executor is stealing from an estate related to forged documents, you need to act within 120 days of receiving the notice. However, if you feel that funds or other financial assets have been stolen, you still have the option of pursuing legal action even if more than 120 days have passed.

How Can a Trust Attorney Help Me if I Suspect Theft by an Executor?

If you feel that the Executor is stealing from an estate, you need to contact the law offices of Cava and Faulkner of Elk Grove, CA, as soon as you suspect the theft. We can examine any evidence you may have and assess how to proceed with legal action if necessary. Contact us by calling (979) 596-4088 and ask to schedule a free consultation.

A power of attorney is typically set in place when an individual is considered to have a sound mind. The individual makes a voluntary decision to assign an “agent” to handle their healthcare or financial affairs for them. A power of attorney can be revoked at the creator’s discretion without having to ask or inform the agent of their decision.

However, a conservatorship has a much broader legal scope in terms of the law. A conservator is appointed by a court to oversee and run an individual‘s affairs if they are mentally incompetent or in any other way unable to do it for themselves. The individual who is under the conservatorship is known as a “ward” and does not have the legal ability to revoke the conservatorship on their own.

If a power of attorney and a conservatorship conflict for any reason, the conservatorship will take legal precedence. If you would like to know more information about a power of attorney or conservatorship, contact the law offices of Cava and Faulkner and ask to schedule a free consultation.

Why Does the Court Assign Conservatorship?

A court will assign a conservator to oversee and manage the affairs of a ward if that person has been deemed to be mentally incompetent or unable to do it for themselves. In most cases, the court will grant the conservator the ability to control designated aspects of the ward’s personal life.

Routinely, conservators are assigned to control the financial dealings of the ward because they have demonstrated an inability to do so for themselves. In some instances, the ward has been subject to undue influence from others who do not have their best interests at heart.

How Can I End a Conservatorship in California?

The only way to terminate a conservatorship in California is to go to court and have the matter decided by a judge. The following is a basic outline of the steps that you must take in order to file a petition with the court:

• Hire an attorney who will help you prepare the Petition to Terminate Conservatorship
• Submit the Petition to the county court in the county in which the conservator resides
• Attend the hearing with your legal representative

If the Petition is not opposed in court, the judge will most likely grant the Petition, thereby ending the conservatorship. Of course, the ward must be able to demonstrate that they can successfully handle their own affairs. If an objection is raised, you will have to go through legal proceedings in order to convince the court that the conservatorship should be terminated.

What is Conservatorship Abuse?

Sadly, abuse in conservatorships is not uncommon. Since most conservators oversee the financial affairs of the ward that they are assigned to manage, embezzlement and fraud seem to be the most common forms of abuse. The conservator owes a fiduciary obligation to the ward they oversee. If you suspect financial abuse, you must immediately speak with an attorney.

How Can an Attorney Help Me?

If you feel that you or a loved one is being financially abused or suffering any other type of abuse from your conservator in any other manner, you need to seek help immediately. A skilled attorney can begin the legal process to have the conservatorship revoked if the ward’s best interests are not being met. Contact Cava and Faulkner of Elk Grove, CA, by calling 916-685-1225 and asking to schedule a free consultation as soon as possible.

Four different types of power of attorney are available in California and can be determined based on your individual needs and circumstances. The four types of power of attorney are:

• General Power of Attorney
• Durable Power of Attorney
• Special or Limited Power of Attorney
• Springing Power of Attorney

If you, the principal, are considering the option of designating a power of attorney to act as an agent on your behalf and need more information, contact the law offices of Cava and Faulkner, and ask to schedule a free consultation.

How is a General Power of Attorney Different Than a Durable Power of Attorney?

A General Power of Attorney possesses all of the legal authority that you do. When you appoint a General Power of Attorney to act on your behalf, you give them legal authority to sign documents and pay bills or make other financial decisions in your place.

A Durable Power of Attorney differs from a General Power of Attorney in that if you become incapacitated, the General Power of Attorney is no longer in effect. However, a Durable Power of Attorney allows the agent to make decisions on your behalf even when you are unable to do so. If you have concerns about being able to make decisions and are afraid of being incapacitated, this is a good option for you to consider.

How Does a Special or Limited Power of Attorney Work?

A Special or Limited Power of Attorney is appointed by you with the idea that the agent will only be able to make decisions for you for a specifically designated time or purpose. For example, if you are out of town on business but need to have legal documents signed, a Special or Designated Power of Attorney can complete the transaction on your behalf. After the specified transaction is completed, all legal authority to act on your behalf will be gone. This type of power of attorney does not give your agent power to make financial decisions for you other than what you have previously stipulated.

When Does Springing Power of Attorney Go Into Effect?

A Springing Power of Attorney only goes into effect after you have become incapacitated. It greatly differs from a Durable Power of Attorney that can be set in place before you become unable to make decisions for yourself. This is an excellent choice if you feel that you could potentially become incapacitated in the distant future but do not want any individual to have the ability to make decisions for you in the present.

How Can I Find Out More About the Different Types of Power of Attorney?

If you would like more information about which type of power of attorney may be right for your individual circumstances, please feel free to contact the law offices of Cava and Faulkner by calling (979) 596-4088. We will be happy to schedule a free consultation so that we can answer any questions or concerns that you may have.

There are several different types of conservatorships that are available if you feel that your loved one can no longer properly care for their own needs. The following are some of the most common types of conservatorships.

• Limited conservatorships: Legal arrangement in which the conservator provides for a developmentally disabled adult.
• Conservatorship: Conservatorship in which a judge appoints an individual to care for another adult who cannot care for themselves, such as managing finances or other essential activities.
• Lanterman-Petris-Short: This is actually a mental health act in which a California court grants an adult the legal authority to oversee medical treatment for an adult who is suffering from serious mental illness.
• Temporary conservatorship: This type of conservatorship is temporary in nature and typically only lasts 30 to 60 days. During this time, the conservator is responsible for ensuring the protection, care, and financial support of the individual who is under the conservatorship.

Each case has its own set of individual circumstances and needs. It is highly advisable that you choose a particular conservatorship based on the needs of the conservatee.

What is the Legal Definition of a Conservatorship?

Under California law, conservatorship is a legal appointment made by the court to make decisions for the conservatee. This is done when the individual in question has been determined to not be able to make their own decisions. In many cases, this occurs when an individual, often a family member, does not have the capacity to manage their own life stemming from a cognitive decline.

What Type of Decisions Can be Made by a Conservator?

The types of decisions that a conservator can make are determined by whether that conservatorship is limited or general. A limited conservator can only legally make decisions within certain limits as prescribed by law. A general conservator has more legal authority to make more decisions for the conservatee.

Often limited conservators only have the legal ability to pay the bills of the conservatee, invest, or sign legal documents. Conversely, a general conservator would have the ability to make decisions in regard to where the conservatee lives or matters that pertain to healthcare.

How Long Can a Conservatorship Last?

In many cases, the conservatorship does not dissolve unless one of two factors occurs. They are as follows:

• The conservatee passes away
• There is no longer a need for the conservatorship, or the conservator who was appointed has not fulfilled the obligations delegated to them

It should also be remembered that Lanterman-Petris-Short conservatorships usually expire after 30 to 60 days but can be extended to one year.

How Can I Know Which Conservatorship is the Right One for My Loved One?

If you feel that you may need to become the conservator over your loved one but are not certain which option would be right for their needs, you need to speak with a knowledgeable attorney as soon as possible. The attorneys of Cava and Faulkner of Elk Grove, CA, can answer all of your questions and help you to make a decision based on the conservatee’s needs. Contact us by calling (979) 596-4088 and ask to schedule a free consultation.

Under California law, if an individual passes away and does not have a will, their property will go to their closest relatives. The laws that govern these legal procedures are known as “intestate succession” laws.

This option may sound appealing in that the descendant would be able to avoid legal fees, and heirs would collect their various inheritances. Nevertheless, it is not actually a beneficial arrangement for those who stand to inherit as the law makes the final determination as to how and how much they may inherit.

If you have questions or would like more information about creating a will, please contact Cava and Faulkner of Elk Grove, CA, and ask to schedule a free consultation.

What Type of Assets are Included in Intestate Succession?

Only assets that would have gone through your will if you had created one would be managed through intestate succession. Typically, this only pertains to assets that you only own alone that do not have another individual’s name attached to them.

However, assets that have a beneficiary or a co-owner are not affected by intestate succession, such as:

• Life insurance proceeds
• Payable on death bank accounts
• Property that you own with another individual, also known as “joint tenancy” or community property with the right of survivorship.
• Any property or assets that are in a living trust.
• Funds in a 401(k), IRA, or any other type of retirement account

Does a Spouse Automatically Get Most of the Assets if There is No Will?

What a spouse inherits from a deceased spouse who leaves no will largely depends on how they owned their property. If your property was acquired together, then it is considered to be community property. Any property that was acquired before marriage is separate property.

A spouse is entitled to inherit all of the community property left behind and all or a portion of separate property. How separate property is divided is largely determined by whether or not the descendant has children, living parents, siblings, or other extended family members. If so, they may be legally entitled to share in the separate property.

What if You are Legally Separated and Your Spouse Dies Without Leaving a Will?

California law dictates that if you and your spouse are “legally separated” and the spouse dies without a will, you do not inherit. However, this does not mean that if you and your spouse are simply living apart that you cannot legally inherit from their estate.

In order to be considered legally separated, one spouse has gone through legal procedures to make their intent known to end the marriage. Even if you both maintain separate households, this does not automatically disqualify you from inheriting.

How Can Your Law Firm Help Me If My Family Member Died and Did Not Leave a Will?

The attorneys of Cava and Faulkner of Elk Grove, CA, have a vast amount of experience in handling all types of issues that pertain to wills and estates. If you are uncertain as to what the future holds and how your inheritance may be affected, please contact our law offices by calling (979) 596-4088 and ask to schedule a free consultation. We will be happy to answer your questions and address any concerns that you may have.