If you and your spouse no longer wish to be married, a divorce will end your union in the eyes of the law. Divorces in California may be contested or uncontested. In an uncontested divorce, both parties have agreed on all aspects of the settlement. On the other hand, a contested divorce occurs when the parties disagree on one or more issues. If you are involved in a California divorce case, you need an experienced attorney on your side. Contact Elke Gordon Schardt Law Office today to learn more about our services or to schedule a consultation with our team. Learn More
Probate: Matters handled by probate courts are estate administrations, conservatorships, guardianships and litigation associated with these proceedings.
Estate Administration: Probate is a legal process designed to ensure that a person's estate is settled after his or her death. Typically the proceeding begins with petitioning the court for appointment of an estate representative who is responsible for overseeing the process from beginning to end. The estate will pay the deceased person's outstanding debts with estate assets, and after all debts are paid the remaining assets will be distributed to the deceased person's heirs in accordance with a will or if no will exists in accordance with state law. In some cases, an interested party may contest the will or bring legal action against the estate representative. Either of these situations will lengthen and complicate the probate process.
Conservatorships and Guardianships: If a loved adult is physically or mentally no longer able to take care of his or her affairs a family member often seeks to be appointed as conservator over the person and the estate (assets and monies) to ensure that proper care is provided, and assets properly used. The process can be complicated, and an attorney can guide you and help you understand the process. Most persons find the conservatorship process daunting and prefer to engage an attorney to deal with the many requirements imposed by law and the court. A Guardianship involves minors, not adults and is similar to the conservatorship process. Assistance by an attorney is recommended in most cases.