Many people don’t really understand what probate litigation is. This article is intended to set the fact straight about what probate litigation is, how it works and answer many popular questions associated with probate litigation. A probate litigation attorney’s primary job is to handle legal disputes relating to aging, disabilities and death. Granted, these topics are not the most fun and exciting to discuss, problems do arise and need to be solved. Probate and estate planning lawyers not only need to understand all of the laws associated with probate and estate litigation, but they also have to be able to professionally deal with people who have a lot of emotions and money on the line. While there are numerous probate litigation attorneys out there, many do not have their personal skills that are needed to deal with probate litigation cases. It takes a unique person to be able to not only understand the complicated laws associated with estate planning and guardianship, but also know how to deal with the individuals who are going through the process.
A lot of probate litigation cases involve families. Most of the time, it involves individuals fighting over property rights, guardianship or financial benefits. At times, things can get heated, but it is part of a probate lawyer’s job to keep thing on a level playing field and not let emotions contribute to rash and unethical decisions. Many questions arise in the probate litigation process and the best probate litigation lawyers need to be able to answer questions like “Where should I keep important paperwork related to the case” to “What happens if there is a breach of trust?” In order to get proper answers to those questions, you must find a lawyer who has dealt with those kinds of questions before and has experience dealing with all different types of people and individual situations. Good probate lawyers stand out because they will have excellent reviews online and they will use their prior experience to ease your nerves and go through the process in a respectable and proper manner.
One of the most common legal issues that litigation attorney’s deal with is guardianship. Like many legal matters, the laws and regulations behind guardianship can be very complicated and confusing. There are various types of guardianship ranging from full guardianship to limited guardianship. Two types of guardianship that are popular are guardianship of the person and guardianship of the estate.
Guardianship of a person entails lots of responsibility. Guardian of a person means that you are responsible for overseeing the living situation of the specific individual. This means that you are not only responsible for making medical decisions for the individual, but as the guardian you are responsible for any personal decisions that the person cannot make. This typically includes decisions about what services the person receives and where they reside. Having guardianship of a person is definitely a great deal of responsibility and gives and the guardian a lot of authority.
Guardianship of the estate is used when individuals cannot handle their property or financial obligations. This is different than guardianship of the person because guardianship of the estate deals strictly with a person’s finances and property. Guardians of the estate cannot make medical decisions while guardians of the person cannot make financial decisions. Guardianship of the estate is not always full however. This means that a court may decide that the guardian will be allowed to make certain financial decisions for the individual, but not all of them.

See more information about probate lawyers and guardianship in California, visit the following link: Probate Lawyer Moorpark, CA and Probate Lawyer Simi Valley, CA