Experienced Legal Counsel | Lederman Law Group

Gregory J. Lederman

Gregory J. Lederman specializes exclusively in estate, trust and probate matters. Gregory J. Lederman has been certified as a specialist in estate, trust and probate law by the California Board of Legal Specialization of the State Bar of California. Gregory J. Lederman has extensive litigation experience in the area of estate, trust and probate litigation from discovery, law and motion and trial work.

Probate Administration & Litigation
Conservatorship & Related Litigation
Trust Administration & Litigation of Trust Disputes
Estate Planning
Special Needs Trust

Probate refers to a court process which oversees the transfer of a decedent’s assets to the decedent’s heirs and/or beneficiaries. Typically one will want to avoid the probate process in that it is an expensive and time consuming process. Often times when assets are changing hands from one generation to the next, disputes arise as to who is entitled to those assets. If a will is being offered for probate interested parties have a right to contest that will. Will contests are extremely complicated matters and require the skill of a trained attorney in the area of probate litigation.

Once probate is opened and a will has been admitted, it is imperative for the personal representative (the person who has been appointed to handle the estate) to take certain steps in marshaling assets, filing an inventory and appraisal, providing notice to creditors and paying legitimate debts and finally filing an accounting and petition to close the estate.

A conservatorship proceeding is for adults who have lost the capacity to manage their affairs. There are two ways a person can be conserved. The first way one can be conserved is if they become substantially unable to manage their finances or resist fraud or undue influence. A conservator of the estate is appointed for one that has become substantially unable to manage their finances or resist fraud or undue influence. This typically occurs when an elderly person begins to suffer from dementia or alzheimers. Additionally, a conservator of the estate can be appointed for an individual who has suffered from an injury (such as a traumatic brain injury) that prevents one from managing their finances.

The second way one can be conserved is if they are not properly able to care for their food, shelter or clothing. A conservator of the person is appointed when one cannot properly care for their food, shelter or clothing. As people age and/or become severely injured they might not be able to independently bathe themselves, cloth themselves, cook for themselves, transport themselves or perform as simple as a task as cleaning their residence.

There are three types of conservatorship. The first type of conservatorship is known as a General Conservatorship. A General Conservatorship is implemented when one, generally an elderly person suffering from Alzheimer’s or dementia, becomes unable to manage their own affairs such as paying their own bills or managing their own investments. Additionally, one might not have the ability to perform their basic activities of daily living. General Conservatorships are also for those individuals that have suffered a severe accident such as a traumatic brain injury.

The second type of conservatorship is known as a Limited Conservatorship. Limited Conservatorships are for those individuals that are developmentally disabled. A developmental disability refers to a disability that a person was born with as opposed to having developed during life. Typically those that are placed under a Limited Conservatorship are afforded more freedoms than those placed under a General Conservator.

The third type of conservatorship is known as a conservatorship that is established under the Lanterman Petris Short act also known as a “LPS” Conservatorship. An LPS Conservatorship is for those that suffer from mental illness and are considered gravely disabled. A LPS Conservatorship is typically implemented by a doctor after a person has been placed on an involuntary hold in a county approved facility.

Often times there are disputes over who the conservator should be and/or whether a conservatorship is even needed. If a dispute does arise those disputes must be litigated and a Judge must make a decision.

Seek Experienced Legal Counsel

Estate, trust and probate matters require experienced legal counsel. At the Law Offices of Gregory Lederman, we have the experience, knowledge and integrity to successfully resolve difficult and complex estate planning issues. If you need assistance with any estate, trust or probate matter, or if you are a personal injury, medical malpractice or workers’ compensation attorney with a client who may benefit from the establishment of a special needs trust, contact the Law Offices of Gregory Lederman today.