Mediator  •  Arbitrator

Hon. George Hernandez (Ret.)

PROBATE, ESTATES & TRUSTS

• Oversaw all of the probate cases in the Tri-Valley area. Litigants and our court investigators often submitted allegations of possible elder abuse that I would address at short law and motion type hearings in the context of conservatorships and Probate.
  
  
• Elder abuse allegations in the breach of fiduciary context in a contested conservatorship proceeding.
  
  
• Children of an elder decedent claimed that the decedent lacked the mental capacity to execute donative transfers.
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• Brother of a decedent sought to undo a quitclaim deed alleging elder financial abuse on the part of the attorney.
  
  
• Heard a matter in which a care facility was accused of breaching the standard of care when it came to turning patients.
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• Conservatorship dispute. Objectors allege that the former conservator has breached his fiduciary duty owed to the conservatee throughout the course of the conservatorship. Objectors requested that their objections be upheld and that a surcharge order be entered against the Former Conservator. The court ordered a surcharge and removed the conservator.