Avoiding probate delays and avoiding conservatorship delays becoming more important due to budget cutbacks


The delays inherent in all California probates and conservatorships may soon become much worse due to projected cutbacks in court funding.

Historically, the first available probate court hearing date is four to six weeks in the future. According to what court personnel are saying now, that four to six week “wait” may become much worse as upcoming budget cuts hit the California courts.

The importance of avoiding these court delays in probate and conservatorships is one of many reasons why it is so important (a) to prepare (or update) a living trust, durable general power of attorney, advance health care directive, pour over will, and whatever other estate planning documents are proper for your situation and (b) to title your assets properly and (c) to have proper beneficiary designations on those of your assets distributed on death by beneficiary forms (such as IRAs, 401(k), life insurance, annuities, etc).

copyright James J. Phillips 2011

Index of past posts:

New, portability of unused estate tax exemption for married couples offers simple “2 for 1” plans. July 16, 2011

Property tax increase looms as a big concern for many California inheritance and gift plans, June 10, 2011

Randal Dutra lecture on October 8, 2011 June 7, 2011

How to keep away the in-law from your child’s inheritance. How to preserve the separate property character of an inheritance. May 29, 2011

How much can trustees be paid? What is reasonable trustee compensation? May 18, 2011

Medi-Cal Payment of Long Term Care in California May 13, 2011

Ingredients for trust planning May 10, 2011

Will there be estate tax due when I die? May 10, 2011

Avoid Conservatorship of Your Person: Protect Your Health Care Decision With An Advance Health Care Directive April 15, 21011

Avoid Losses and Protect Yourself from Lawsuits: Review All Your Insurance Coverage Annually April 8, 2011

Who would raise your minor child? Selecting a guardian of your minor child’s person. April 2, 2011

New, extended deadline for increase in basis for property acquired from a person who died in 2010 April 1, 2011

Top 10: Do You Need to Update Your Trust or Will? March 25, 2011

How to Choose a Nursing Home March 18, 2011

NEW Estate Tax, Gift Tax, and Generation Skipping Transfer Tax Laws March 18, 2011

Selecting A Trustee for Your Living Trust March 18, 2011

President Obama’s February 2011

Assumption for 2013 estate tax exemption March 18, 2011

Copyright 2011 Phillips Law Offices, A Professional Corporation