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Estates, Guardianships, Conservatorships and Trusts: B and C

A B, C D E F G H, I, J L, M P Q, R S T U, V, W

 

Bond

A document ordered by the court that allows a person to qualify as a fiduciary or to sell real estate.  Two bonds that might be ordered are personal bonds or corporate bonds. 
A corporate bond requires a premium and is obtained through an insurance company.

 

Children's Advocates

These are volunteers who are appointed by the court for two different assignments. They may be appointed to represent the best interest of a child on a minor guardianship case.  In such cases, they investigate and report on the child's and the proposed guardians situation and complete a "home study."  Children's Advocates may also be appointed to review the status of adult guardianships by visiting the ward and completing a report to the court known as a Report on Review of Guardianship of Legally Incapacitated Individual. PC 636.

 

Claim

A form presented by a person or entity that is owed money or property from an estate, and which requests payment from the estate. Also known as Statement and Proof of Claim.  PC 579

 

Claimant

The person or entity who presents a claim for money or property from an estate. Also known as a creditor.

 

Codicil

An addition to a Will.

 

Conservator

A person or entity appointed by the court to properly manage a protected individual's property, also known as an "estate."

 

Conservatorship

The type of probate court matter in which a conservator is appointed for a protected individual (either a minor or an adult).

 

Cost of Living Adjustment (also known as "COLA")

A monetary increase based on current economic trends.  Some decedent estate values are adjusted annually according to this factor.

 

Court Appointed Attorney ("CAA")

An attorney who is appointed by the court to be an advocate for an interested person.  A CAA would be most frequently seen as the attorney for a respondent on a mental health matter, or for an alleged legally incapacitated individual. For instance, in an adult guardianship case, the alleged legally incapacitated individual may be contesting the guardianship in some manner, and unless the alleged legally incapacitated individual has legal counsel, the court will appoint a CAA. 

 

Court call (or motion call)

A certain day and time of the week generally reserved for hearing uncontested probate matters. Depending on the judge, probate court call is on Tuesday or Wednesday mornings at 8:30 a.m., and it is subject to change. See also docket and proof of service.

 

Creditor

An individual or entity who is owed money by an estate.  If a claim is presented, a creditor is also known as a "claimant."