Legal Question in Wills and Trusts in California
disolution of voluntary conservatorship
My brother voluntarily hired a conservator three years ago for money he inherited. We (he, I and my father) tried to disolve this conservatorship 1/03 and were unsuccessful. My father died and I was left everything. I am giving my brother money. Can the conservatorship get involved in this if we don't want him to? And how can we disolve the conservatorship anyway?
Thank you.
1 Answer from Attorneys
Re: disolution of voluntary conservatorship
If the conservatorship is a full conservatorship over the estate (financial affairs, property, etc.) for your brother, the conservator must take the property. However, it may be limited and he may have some right to independent use of it.
If the conservatorship is in Los Angeles County, you may want to speak with your brother's Probate Volunteer Panel (PVP) attorney about whether the conservatorship is still needed--if the PVP attorney has been discharged, contact the probate department at the court to request appointment of a new one.
Depending on how the inheritance is passing, you may be able to get a court order to set up a simple trust for your brother. If your father's estate isn't going through probate, but the money is coming to you, you may be able to set up the trust instead, if the amount of money is significant. The advantage of such a trust is that it would likely be outside a conservator's control.