Areas of Law
Jim Hulsy has had over 30 years of law practice experience and attends each year numerous seminars for continuing education for recent developments of the legislative law and law decided by the appellate and supreme courts of California, focusing on the following areas of law:
WILLS, TRUSTS AND POWERS OF ATTORNEY
It is recommended that every person have some estate planning documents prepared, which may include wills, trusts and powers of attorney. While there are several alternatives for the preparation of these documents without an attorney by visiting internet sites, stationery stores, notaries, and independent paralegals, these documents many times do not accomplish the purpose and wishes intended for disposition of property on death, and may actually create substantial costs in attorney’s fees after death in resolving disputes of the heirs and beneficiaries.
Jim Hulsy has been preparing estate planning documents for over 30 years. He has also been a professor for the required law school course of Wills & Trusts at California Pacific School of Law for approximately 10 years.
DECEDENT’S ESTATE ADMINISTRATION
Jim Hulsy is an experienced attorney with experienced and capable staff for representing clients and preparing from the simple filing of petitions and affidavits for small estates ($20,000-$100,000 value) to full administration of estates with or without a will that may involve contested matters, including interpretation of wills, property disputes, and complex property and accounting issues, to all other complicated aspects of decedent’s estate which may arise, including protection of spouse and family, obtaining authority for sales of property, continuing corporate management and partnership businesses, and determining title to real property belonging to the decedent or the estate or third parties.
GUARDIANSHIPS AND CONSERVATORSHIPS:
As of January 1, 1981 guardianships were limited to minors, and conservatorships to those over the age of 18, usually termed "adults." A "guardian of the person" is an individual or nonprofit charitable corporation appointed by the court to assume responsibility for the care, custody, control, and education of a minor, while a "guardian of the estate" is appointed to manage and control the assets of the minor. A petition under the Probate Code may include both of these issues. Normally the receipt of social security payments does not require the petition to include the "estate" requirements. A conservatorship mirrors the general requirements of a guardianship, but included in it concerning an estate is the necessity of the pleading that the adult is substantially unable to manage his or her own resources or resist fraud or undue influence. A limited conservatorship of the person, estate, or both, seeks appointment for a developmentally (from birth) disabled adult. Usually this person is also a client of Kern Regional Center. Again, usually the receipt of social security payments does not require that a petition for the "estate" also be filed. The relationship of guardian and ward (the minor) and conservator and the conservatee (the disabled person) is confidential and subject to very specific law in the Probate Code and case law protecting the ward or conservatee. The named person is a fiduciary, which requires regulation and control of the court. One should not be accused of trying to hide things when the petition is filed. Instead, this person is allowing the situation to be closely examined by the court and in the case of a conservatorship, a deputy public defender who is appointed to represent the conservatee. Both guardianships and conservatorships are determined in the Probate court, presently located in Division P at 1215 Truxtun, in Bakersfield, and the clerk's office for filings is located next door in the same building, all on the first floor just past the security check-point.
Conservatorship proceedings are complicated, and the law is continually changing to make it more difficult for a person to take the sometimes thankless steps to protect their elderly or disabled loved ones.
Jim Hulsy has not only continued his education annually for recent changes in the law in these areas, but is also a member of the Estate Planning section of the Kern County Bar Association, was President twice, and has served on several committees. He also has served as President of the Estate Planning Council of Bakersfield.
Jim Hulsy is an experienced trial lawyer, from the time he worked at the District Attorney’s office as a certified law clerk, to handling 100's of trials in a 10-year period involving the collection of law practice, and over the last 20 years, focusing on custody, child and spousal support and property disputes. Divorce (now known as dissolution of marriage) is usually an unpleasant emotional experience for the parties, particularly in the area of custody of the parties children. Alternative dispute and mediation is usually encouraged to resolve the parties’ differences by a third party mediator. However, in the event agreements cannot be reached, there is no choice but to bring the issues before a judge. Many times, a parent’s drug or alcohol abuse is involved.
It is not recommended that a person handle his or her own interest in a dissolution of marriage proceeding involving custody, support or property rights, without the advice of an attorney experienced in the Family Law area. An example of the complexity of the applicable law and the need for an experienced attorney to represent you, the recent appellate court case of Marriage of Schopfer (2010) involved a ruling against a father, ordering that the father pay child support to the child’s stepfather.
In addition to attending seminars of recent changes in the Family Law area, Jim Hulsy is a member of the Family Law section of the Kern County Bar Association and currently is serving as President.
ARBITRATIONS AND MEDIATIONS
Jim Hulsy has been trained to be both a mediator and arbitrator. Often, the use of an independent person saves time and attorney’s fees, as well as stress on the parties and their children.
Hulsy & Hulsy
412 Truxtun Avenue,
Bakersfield, CA 93301
Monday through Friday
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