How Will #FreeBritney Deal With a “Ruthless” Probate System? Law Experts AssessJune 30, 2021 – Media Mention
Probate, Trusts, & Estates Litigation Chair, Benny Roshan, shared insight to The Hollywood Reporter regarding Britney Spears' battle to end the conservatorship arrangement with her father. She shares that probate code is vague in the realm of termination. Roshan also stated that removing court-appointed counsel in probate cases is difficult.
“If the court determines that the conservatorship is no longer required or that grounds for establishment of a conservatorship of the person or estate, or both, no longer exist, the court shall make this finding and shall enter judgment terminating the conservatorship accordingly.”
“Someone who’s 39 years old and seems to have her life pretty together, why would that person need to be conserved?” Roshan asks. “This has the potential to make some precedent. A lot of the issues that would be relevant to terminating this conservatorship just haven’t come up before.”
In this case, Roshan says Spears “would absolutely need to make clear to anyone who will listen” that she wants a new attorney. “The generational gap between Britney and her counsel alone could justify new counsel who could advocate for her in a manner that best suits her needs,” she says. “If Britney really wants new counsel, and she tells enough people, there is a possibility that Ingham may consider it wise to resign and end on a high note rather than being removed by a court order.”
“I’ve actually looked at replacing a CAC before because the CAC was not listening to the conservatee and found that there isn’t any means for another party to do so,” she says. “And it is frowned upon because CACs typically wield a lot of influence with the court.”
Read the full article here.