What Is a Conservatorship? 3 Things to Know in Florida

What Is a Conservatorship? 3 Things to Know in Florida

In Estate Planning by admin

Since Hulu started streaming “Framing Britney Spears,” a documentary by The New York Times, a lot of people have been asking the same question—what is a conservatorship? This article explains what Florida residents need to know.

Britney Spears fans and legal analysts have been up in arms recently over what they see as unfair treatment of the pop icon. Since the singer’s legal predicament concerning her father’s conservatorship over her estate has gained new life in the past few months, we thought it would be a good time to discuss what this legal concept is and how Floridians can use it to their advantage.

Here are a few things you should know.

What Is a Conservatorship?

A conservatorship is a legal relationship established by a court that allows one person to manage another person’s estate—a conservator and absentee, respectively. The amount of power that the conservator has over the absentee’s estate depends what the court grants them, however, the rights the court grants to the conservator include the right to manage the estate’s assets, including investing and selling them, as well as the right to collect income in the absentee’s name.

For a full description of Florida’s conservatorship laws, see the Florida Statutes.

Who Can Be a Conservator in Florida?

Any person who has an interest in the estate of someone deemed an absentee by the state may file a petition to become that person’s conservator. In most cases, though, a conservator will be one of the following:

  • A spouse
  • A parent
  • An adult child
  • Or a sibling

Still asking yourself, “What is a conservatorship and do I need one?” Let us help. Contact the attorneys at Casal & Moreno today.

How Do You Become a Conservator?

To become a conservator, you must file a petition with the court. This petition must include information regarding your need to be named conservator. It must also include information about the absentee and their estate. The information you should include depends largely on your specific situation, so it is important to consult with an attorney. You will also need to notify other parties with an interest in the absentee’s estate. They may oppose your petition, so it is critical that you are prepared to present your case in a convincing manner. Once you and your attorney have presented your case, the court will decide whether to grant you your petition.

Need Help Navigating Your Estate Plan? Talk to One of Our Attorneys Today.

It’s easy to make a mistake in your estate plan if you don’t have an expert to guide you. Leaving your estate to chance could cost your loved ones.

Get in touch with the attorneys at Casal & Moreno today. We will help you consider what your estate plan needs to include, from a conservatorship to a simple will. Let us help you protect your estate so that you can take care of your loved ones.