Practice Areas and Legal Definitions

Probate: 
Probate is the legal process of transferring property following a person's death.  Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a Will); his or her property is collected, certain debts are paid from the estate and the property is distributed accordingly.

Trusts:
Trusts are estate-planning tools that can replace or supplement Wills and can also help manage property during life.  A trust manages the distribution of a person's property by transferring its benefits and obligations to different people.  Maintaining assets in a Trust often makes it easier to minimize taxes and leave a larger inheritance.  A Trust is also a way to provide a steady income to the Beneficiary over time (as opposed to distribution in a lump sum), thus reducing the Beneficiary's tax burden, allowing the Trust to grow through investment, and keeping assets free from creditors of the Trust beneficiary.  Trusts can also be established for the benefit of charitable organizations.

Probating Estates:
Estates are categorized as probate or non-probate property.  Probate property is property that is transferred by the provisions of a Will.  Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.

Estate and Trust Litigation:
Estate litigation is a legal dispute usually initiated by someone who feels they did not receive all they were entitled to in a Will or a Trust.  Wills can be challenged if it is suspected that the Will is not legally valid, if the person who was writing the Will was wrongly influenced while creating it, involves disputes, Trust litigation among heirs regarding the legal effect or management of a trust. This kind of probate proceeding has become very common. 

Conservatorship:
A conservatorship is a court order that a person deemed fully or partially incapable be subject to the legal control of another person.  The conservator is responsible for the assets and finances of an incapacitated person.  Many jurisdictions use the term "guardian of the person" to refer to the same legal principle.  It may be necessary to petition a court to appoint a conservator for persons:

• Who have physical or mental problems that prevent them from managing their own financial affairs;
• Who have no person already legally authorized to assume responsibility for them; and
• Where other kinds of assistance with financial management will not adequately protect them. 

If you or someone you love needs the assistance of an experienced Orange County Probate lawyer, call Frank Cardinale today at 866-307-1929, or complete the contact form provided on this site to arrange for a free consultation.

If you or someone you love needs the assistance of an experienced Newport Beach Probate lawyer, call Frank Cardinale today at 866-307-1929, or complete the contact form provided on this site to arrange for a free consultation.

ADDRESS OF THE FIRM:
Law Office of Frank Cardinale
1300 Bristol St. North, Suite 100
Newport Beach, CA 92660
Phone: 866-307-1929
Hours: M-F, 8:00AM-5:00PM
Saturday appointments are available

MEMBERS OF THE FIRM:

Attorney Frank Cardinale

• Jurisdictions Attorney is Licensed in: California
• Date Admitted to the Bar: 1979
• Colleges Attended, Degree & Year Graduated: Cal State Long Beach, B. S. Business, 1976; Loyola Law School, Juris Doctor, 1979