Estate Planning Lawyer in Northridge

Some parents try to simplify things by adding a caregiving child to the deed. That step changes ownership right away and can have consequences the family did not plan for. Property tax treatment under Proposition 19 is one of them, and a lawyer should review it with the family first. A trust can often accomplish the family's goals without giving up ownership during the parent's life.

Families often agree on a plan in conversation and never write it down. Years later, each person remembers it differently. Putting the agreement into the parent's documents records the parent's own reasons. It can also note payments the caregiving child made toward the home, such as property taxes or repairs. A family meeting held with the parent's permission lets every child hear the same plan, which leaves fewer surprises later. The parent remains the decision maker throughout.

A trust can say whether the caregiving child may live in the home after the parent's death, for how long and on what terms. It can also say when the home should be sold and how the proceeds are divided. Our living trust attorneys draft those terms so the successor trustee, the person who takes over the trust, can follow them.

Probate Code section 1801 allows a conservator of the person for someone unable to provide properly for personal needs such as health, food, clothing or shelter. A conservator of the estate may be appointed for someone substantially unable to manage their own financial resources. The standard of proof is clear and convincing evidence. Under section 1826, a court investigator interviews the proposed conservatee and reports to the court before the hearing. Gold Law handles general conservatorships when no document can do the job.

Probate Code section 1800.3 says a conservatorship may be granted only if the court finds it is the least restrictive alternative needed. The court considers supports such as supported decisionmaking agreements, powers of attorney, health care surrogates and advance health care directives. That is one reason documents signed early carry so much weight. They can make a court case unnecessary.

A conservatorship involves a petition, notice, an investigation, a hearing and ongoing court oversight. The California Rules of Court limit electronic access to conservatorship records to the courthouse, but the files remain court records. Signed documents usually let a family act privately and without waiting for a hearing. Documents can still be found insufficient in unusual cases, so no plan can rule out a court case completely.

Probate Code section 1821 requires the petition to list the proposed conservatee's spouse or domestic partner and relatives within the second degree. Relatives within the second degree include parents, children, siblings, grandparents and grandchildren. Under section 1822, notice of the hearing goes to the spouse or domestic partner and the listed relatives at least 15 days before the hearing, along with a copy of the petition.

The court's local rules on filing locations place conservatorship proceedings in the Central District, with a North District exception tied to where the petitioner or proposed conservatee lives. Gold Law prepares the petition, arranges notice and appears at the hearing. The firm keeps the family informed at each step. Families do not need to learn court procedure on their own.

A first meeting covers the parent's goals, the people the parent wants to name and what the parent owns. Documents are then drafted, reviewed with the family, and signed before the required witnesses or notary. Relatives who live in Woodland Hills, Van Nuys or Santa Clarita can take part in the same planning. A parent's plan holds together better when the adult children's own documents line up with it. The firm's Los Angeles County practice covers the San Fernando Valley through the Santa Clarita Valley. Its service area also includes all of Ventura County.

Schedule the appointment for the time of day the parent is usually most alert. Bring a photo identification, glasses or hearing aids, and a list of the parent's accounts and property. The attorney will speak with the parent directly, since the documents have to reflect the parent's own choices. A caregiver can help with logistics and still give the parent room to answer. If the parent uses a language other than English at home, tell the office ahead of time so the appointment can be planned around it.