Monitoring Your California Executor

Monitoring your California executor is often the best thing you can do for yourself as a beneficiary or heir. Most people do not realize that the ultimate distribution of an estate is completely dependent on monitoring the well-being, organization and the loyalty of the executor of the will.  How do these variables play into the receipt of your inheritance?

The Health and Well-Being of Your Executor Counts

Essentially, if you are in a probate case or if you are a California heir, and the estate is being managed by an existing executor, your executor’s health governs the day-to-day operation and the management of the estate assets.  If your executor falls ill or becomes incapacitated, the estate may incur losses by the passage of time.   A property may not be viewed, squatters may move in, rent may not be collected, and damage may occur due to the negligence of the executor who does not attend to the property of the estate.   The passage of time does not favor the interests of the beneficiary who waits too long to examine the actions of an executor.  Our monitoring attorneys will help you supervise the actions of the executors who are managing and operating estate in which you are a beneficiary.   Ask our Los Angeles attorneys about how we can help you keep your California executor in check.

The Level of Organization of Your California Executor is Important

An organized executor can easily account for the assets of the estate and respond to questions by the heirs and beneficiaries of an estate.  Organization means that there are folders corresponding to categories of information necessary to complete an accounting in an estate, and that there are receipts for every expense incurred by the executor for the benefit of the estate.   No receipts mean delays in probate court in getting the accounting approved.   Accurate receipts create trust between the executor and the heirs or beneficiaries.   When we represent executors, we assist the executor to set up books and records and maintain those records so that we can promptly account to the court on the court’s timeline.   Keeping track of probate deadlines is one way of testing the level of organization of your California executor.   Ask our Los Angeles lawyers about how we can assist you in asking questions of the executor involved in your case when you are a beneficiary of an estate or trust.

The Loyalty of Your Executor in California is Mandatory

The first duty owed by a California fiduciary is the duty of loyalty.  Your executor is a fiduciary to each of the heirs and beneficiaries of the estate or trust.  Without loyalty, the executor may misuse the assets of the trust or estate and leave the beneficiaries or heirs in the precarious position of having to file petitions and pleadings in court to determine and test the accuracy of information reporting by the fiduciary.   Abuse of an executor’s powers can come in many flavors, one of which is self-dealing.  An executor who self-deals is disloyal unless the will has specifically allowed him to engage in self-dealing.   Transactions which call for a special benefit to the executor should be questioned and monitored.   An executor who is a beneficiary must be more careful not to benefit himself more than the other beneficiaries, as he must treat all heirs equally unless the will provides otherwise.   A Petition for Instructions in California can resolve many questions, by allowing the court to tell the executor how to behave in a particular set of circumstances.   We counsel fiduciaries, executors, heirs and beneficiaries of estates in questioning, monitoring and seeking instructions from the court regarding the actions of executors.

Mina Sirkin is an experienced attorney in Los Angeles who monitors California executors for out-of-state beneficiaries.  She regularly speaks about estates, trusts and incapacity in California.   Contact our friendly staff at 818.340.4479 for a free consultation call or email us at Info@SirkinLaw.com.

Copyright 2020 Mina Sirkin

San Fernando Valley: Sirkin Law Group, Probate Expert Valley

Starting a probate case can be overwhelming.   Having a Valley probate expert by your side to help you through each step towards the estate distribution goal.   When we represent a California executor, we train our client by explaining the documents that must be filed with the court, and the deadlines that go with those documents.  Having processed thousands of probate cases, we know the importance of court deadlines in probate.

You will avoid an order to show cause when you follow our expert instructions on probate procedure.   When you retain us in a probate matter, you can call us as many times as you need and our friendly staff will be happy to assist you, even if you have the same question more than once.   We want you to have a successful probate so we will walk you through the documents.

LA (Los Angeles) Probate filings have become electronic.  This means that the attorneys are required to file most probate documents electronically.  With expertise in electronic filing, our lawyers can better manage your probate case, so that our focus is getting you to the finish line, which is the distribution of the probate estate assets.

Here is a list of what documents to gather, when you meet with our probate specialist attorney:

  1.  Death Certificates.
  2.  A list of the decedent’s assets.
  3.  If you have access to the decedent’s tax returns, we would appreciate that.
  4.  A copy of the property tax bill.
  5.  Basic general information about the deceased.
  6.  A listing of the closest family member’s names, addresses and telephone numbers.

Have a probate question, call Los Angeles and Valley Probate Expert, Mina Sirkin, who can provide you with an expert opinion about your probate case in the Valley.  Call 818.340.4479 or email: Info@Sirkinlaw.com San Fernando valley California Probate Expert.

Start a California Conservatorship Here

When you want to start a California Conservatorship, you must consider many factors, including costs.  The cost of setting up a Conservatorship can have a significant impact on whether a conservatorship will be successful.  The costs associated with the conservatorship vary from case-to-case depending on whether there is litigation involved in the case.

First, you must consider what the conservatee will need to support his or her life.   Caregiving costs and conservatorship costs are generally competing costs.  You must first provide for the well-being of the conservatee.

If you are considering a conservatorship in California, you must keep in mind that the average cost of a non-litigated conservatorship may be about $12,000 per year, and can be significantly more in complicated conservatorship cases.  There are certain things to consider here at the outset, so you do not waste time and money.   Conservatee’s cost of living may change over a period of time, as he or she deteriorates.  Caregiving expenses in a facility can range $4,500-$13,000 or more on average per month.  Where the Conservatee has dementia, that cost can be even greater.

So, at the outset, evaluate conservator’s fees, conservator’s attorney’s fees, conservatee’s life care costs, and housing fees.  Call us to discuss how to pay for in-home care or the cost of an assisted living facility in California.

Call California Conservatorship Attorney, Mina Sirkin to discuss how to begin a conservatorship at 818.340.4479 or email us Info@sirkinlaw.com.

What are the Seven 7 Limited Conservatorships Powers in California?

How to obtain the Seven 7 Limited Conservatorships Powers in California?

Seven conservatorship powers in California

Limited Conservatorship powers allow the Conservator to make certain legal decisions for a Conservatee in California: If you are applying for a Limited Conservatorship in California, you should know that the following Seven (7) powers must be specifically requested from the court, and unless the order includes them, the seven conservatorship powers in California are not automatic and you must claim them in a petition:

(1) To fix the residence or specific dwelling of the limited conservatee.

(2) Access to the confidential records and papers of the limited conservatee.

(3) To consent or withhold consent to the marriage of, or the entrance into a registered domestic partnership by, the limited conservatee.

(4) The right of the limited conservatee to contract.

(5) The power of the limited conservatee to give or withhold medical consent.

(6) The limited conservatee’s right to control his or her own social and sexual contacts and relationships.

(7) Decisions concerning the education of the limited conservatee.

You should know the difference between conservatorship powers, conservatorship duties, and conservatorship rights.  There are important differences among the above which you should discuss with a conservatorship lawyer in California.

If you are seeking a Limited Conservatorship attorney in Los Angeles, California, or have questions about the Seven Conservatorship powers in Limited Conservatorship, feel free to contact our attorneys at 818.340.4479, for conservatorship assistance.   Email: Info@SirkinLaw.com

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Conservatorships for Non-Developmentally Disabled Adults in California

Many clients ask us about the differences between the Developmentally Disabled Adult Conservatorships called a Limited Conservatorship and what is appropriate for a person who is a non-developmentally disabled adult.  You should know that the main difference between the two types of conservatorships are that the Developmentally Disabled Adult Conservatorship requires that before the age of 18, the conservatee has manifested a delay or a disability.  Non-Developmental Conservatorships are Adult Conservatorships.  The most common situations are persons who have turned 18 or about to turn 18, and who need greater help as a adults.

The goals of the Limited Conservatorship v. the General Conservatorship are different.  While both conservatorships are protective, the Limited Conservatorship allows more freedom to the conservatee.  For example, the Limited Conservatee can in most cases be able to participate in certain areas of his or her life.  The Limited Conservatee may be able to work, and help with paying bills.  While in most cases, the right to contract may be restricted to the Limited Conservatee, the ability to help oneself is not taken away.  The goal for the Limited Conservatorship is to preserve as many of the rights of the conservatee as are possible to allow him or her to flourish.  In most cases, the assets of the conservatee can be protected in a Special Needs Trust for Limited Conservatees.

General Conservatorships, on the other hand, can be more restrictive.  Many powers are given to the conservator which do not exist in the Limited Conservatorship.  With an older adult, over 65 years of age, the Conservator may has for dementia medication and secured perimeter housing, which powers do not exist in the limited conservatorship in California.  Unfortunately, in California, for persons younger than 65, the ability of the conservator to give psychotropic medications and secured perimeter placement does not exist, unless the person is under an LPS Conservatorship or Mental Health Conservatorship.  LPS Conservatorship filings are reserved only for the Public Guardian and Psychiatrists while is a mental health facility.

What to do if you need to medicate a person with a disability?  Medication rights are preserved to the person, however, under the Limited Conservatorship, the Conservator can ask for the right to make medical decisions.   Once a person is conservated in a probate conservatorship, a request can be made for an evaluation by the Department of Mental Health in Los Angeles, to determine, if the person is eligible for an LPS or mental health conservatorship.   LPS Conservatorships are sometimes referred to as psychiatric conservatorships. That is the back way to the LPS court, but the road is a difficult one.

To discuss our retention as your attorneys for Limited Conservatorships, Conservatorships for Developmentally Disabled Adults of Non-Developmentally Disabled Conservatorships, contact Mina Sirkin, Conservatorship Attorney in Los Angeles County at 818.340.4479.

 

 

 

 

Management Powers and Role of an Executor in California

A California executor is the person who is given management powers by the Court to care for the assets of the decedent.  The term executor insinuates that there is a will.  The term administrator of a probate estate insinuates that there is no will, or that the decedent died intestate.   Remember that a power of an executor also can translate to a duty of an executor, but not always.

Powers of an executor are defined in the will, but they are expanded by the California Probate Code.  When the will restricts the executor from taking an action, the Court will usually respect the wishes of the decedent, unless the executor comes to court and seeks instructions as to why he should not follow a provision of a will.

Most executors handle such matters very smoothly.  They see help from an experienced probate attorney who can advise them about the powers of an executor in Los Angeles, California.   By consulting with a Sirkin Law Group probate attorney in California, you can be assured that you will receive the advice you deserve in a timely manner.   Receiving advice protects you and the estate when you act as a Los Angeles Executor.

Management and Control of the Estate as Powers

(a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes ordinary care and diligence is determined by all the circumstances of the particular estate.

(b) The personal representative:

(1) Shall exercise a power to the extent that ordinary care and diligence require that the power be exercised.

(2) Shall not exercise a power to the extent that ordinary care and diligence require that the power not be exercised.

Consult with us in a complimentary 30 minute session by calling 818,340.4479.   Our friendly office staff will greet you and treat you with respect and integrity.  We value our clients and relationships and are here to help you with your probate in Los Angeles.

Where to File a Conservatorship in Los Angeles

Have you ever wondered where to file a conservatorship petition in Los Angeles?

Most of Los Angeles County Conservatorships are filed in the Downtown or Central Court location of the Los Angeles Superior Court located at 111 N. Hill Street, Room 429, Los Angeles, Ca 90012.  There are a few exceptions.  The North Antelope Valley and Lancaster area probates and conservatorships are filed in the Michael Antonovich Antelope Valley Court House.   There is also a “Have Gavel, Will Travel” Program in the Los Angeles County Conservatorship and Probate programs which allows persons with disabilities and conservatorship cases to be heard in the local courts.  Last we know, Van Nuys and Long Beach courthouses do offer the Have Gavel, Will Travel local conservatorship filings in Los Angles County.

However, the two main courthouses in Los Angeles County for filing purposes are:

Downtown Centra Court: Stanley Mosk Court

Antelope Valley Court – Michael Antonovich Court

Since 1992, the Law Offices of Sirkin and Sirkin protected the rights of the elderly and disabled in Los Angeles by making conservatorships easy for families.   Ask us about our conservatorship service for general and Limited Conservatorships and be sure to ask for a free consultation in Los Angeles.

To get more information about where to file conservatorships in Los Angeles, call attorney, Mina Sirkin for information at 818,340.4479.

Probate Wills

The most important aspect of probate of wills in Los Angeles is authenticating the will, meaning proving the legitimacy of the will in the estate to Probate Court.   How does the probate court authenticate a will?  The process involves publishing a notice in the local newspaper, followed by certain allegations about the will in the probate petition.

California Will

In California, we first look to see if the will is original and not a copy.  Next, we look to see if the will is an original or a copy.  If the will is an original, it must be sent to the court for safekeeping within 30 days from when the executor has knowledge and possession of the will.  There many times of course when a will can look to have an original signature, only to later find out that the signature was traced, and therefore a forgery.

Will Lawyer Los Angeles

When looking to find a great Will Lawyer in Los Angeles and Woodland Hills, look to us for great probate estate advice.   Call Mina Sirkin, Lawyer for Wills in Los Angeles and Woodland Hills.  Our attorneys serve the public with probate wills and trusts in the San Fernando Valley, California.   Call Wills Lawyers at 818.340.4479.

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More About Conservatorships in California

A CONSERVATORSHIP MEANS SUPERVISION IN CALIFORNIA

In California, a California Conservatorship order is obtained when you need to manage a person’s life, assets and finances, and is Los Angeles court ‘s version of a supervised power of attorney with some additional protections in place in Los Angeles County.  Conservatorship definition:  “When you think of a conservatorship in California, think of it as life supervision.”

Two Quick Questions to know if you should call a conservatorship attorney:

Do you have a family member or a friend who is losing competency or has lost capacity and who needs help or protection?   Has your friend or family member been subject to fraud, or are people trying to take advantage of him or her?If the answer is yes to any of the above conservatorship qualifying questions, a knowledgeable conservatorship attorney at our law office in Los Angeles can help you determine if a conservatorship is in the best suited for your love one, or conservatorship services with assist you to protect your loved one’s person and estate.

Focusing on What type of Conservatorship is Needed

With a Limited Conservatorship, many of the rights of the person are kept.  However, when a general conservatorship, sometimes called a permanent conservatorship is put in place, in order for the court to protect the disabled person, the court can take away the powers of the proposed conservatee, to essentially protect him from himself.  These can mean that the conservatee (the conserved person) can lose the ability to write checks, pay bills, and make other financial decisions.   In that same proceeding, the Conservator (supervisor) is given the rights to pay bills, write checks, make investments, and other Conservator duties and powers.

What documents do I need to manage the financial affairs of my aging parent, and how does a conservatorship work?

If your parent did not put a plan in place to manage his or her estate, or sign a valid durable power of attorney when he or she was well, then you go the route of a conservatorship.

In a California Conservatorship, we obtain a court order and letters from the court for our client that names the client as the conservator or decision maker.  When your conservatorship lawyer tells you that you are appointed as the conservator, you will be given court papers and documents called Letters of Conservatorship.  This is a court form and document which gives the conservator the right and duty to act for someone else.  With Letters of Conservatorship, you as a conservator of the estate, can pay bills and collect the income and assets of the disabled loved one.

Possession of a Car by a Disabled or Incompetent Person and Driving issues in Conservatorships in Los Angeles

If you are concerned about your parent or relative driving a car, the court can put in place that the conservatee shall not be in direct possession of his or her automobile, and a doctor can certify that the conservatee is not fit to drive.   When you use the conservatorship attorney at Sirkin Law Group, our attorneys can help you determine what is in the best interest of your family member and put conservatorship protections in place, if your parent or loved one poses a risk to himself or herself in driving.

Do I have choices or any alternatives to a conservatorship in California?

Options and alternatives to conservatorships are the first course of an effective and free conservatorship evaluation during our consultation.  Our lawyers go through the conservatorship alternatives and help you find the most suitable way of helping your parent in Los Angeles.   As part of our due diligence in conservatorships, we evaluate the least costly possible avenues and the least restrictive means first to comply with the standard of care in conservatorships.

There are may choices to explore and our investigating attorney evaluates the cost-expense ratios, pros and cons of conservatorship, as well as suitable other ways to manage the estate and personal affairs of the person, before we petition for conservatorship in California.    If we do determine that the conservatorship is the best way to protect your family member, then we have decide if a conservators of person or conservatorship of the estate, or both are needed.

Call our Attorney when you need a Conservatorship advisor for Los Angeles County California Law

Get a Complimentary Conservatorship Evaluation in Ca at our Free Consultation when you call  818.340.4479.

When you call our conservatorship lawyer, you will get a free consultation for conservatorships.  Call 818.340.4479 to arrange the best time for you.

Do you need advice from an expert and experienced conservatorship attorney who is knowledgeable about Los Angeles Conservatorship?  A California conservatorship advisor who handles a conservatorship on behalf of the conservator or a family member sees some of the most emotional financial elder abuse and conservatorship lawsuits in the Los Angeles Superior court called the Probate Court.

Los Angeles Conservatorship Office address:  11400 W. Olympic Blvd. #300, Los Angeles CA 90064

Our law office serves conservatorship in California areas near Los Angeles, Hollywood, Pacific Palisades, Hollywood Hills, Santa Monica and Venice Ca.

Conservatorship Attorney Woodland Hills – Woodland Hills Conservatorship Lawyer

WOODLAND HILLS AREA CONSERVATORSHIP ATTORNEY

WOODLAND HILLS ATTORNEY ADVICE REGARDING THE TOP 10 QUESTIONS TO HELP YOU KNOW WHEN A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE.  WoodlandHillsConservatorship.com

Clients in Woodland Hills often ask our attorney whether they need conservatorship for an elderly or disabled parent, or a disabled child.    Below is a checklist we have developed to help you make the decision:

1.   Can he or she properly administer medication to himself or herself?

2.   Can he or she understand the consequence of making a medical decision?

​3.   Can he or she provide food or shelter for himself?

4.   Is he or she easily influenced by others to give away his or her money?

​5.   Are there signs that he or she cannot be safe when left alone at home?

​6.   Is he or she bathing himself or herself?

7.   Does he or she wear clean clothes or wash his or her clothes?

8.   Are there bills that are unpaid?

9.   Is he or she forgetful of recent events?

10.  Are there people who are trying to take financial advantage of him or her?

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE CONSERVATORSHIP QUESTIONS ARE YES?

1.   Call our office at 818.340.4479 and ask for a call assessment regarding your case.

2.   Ask us to give you a Capacity Declaration to be completed by a physician.   If your loved one will not submit to a doctor’s examination, please call us.

3.   Gather a list of medications and assets of your loved one

4.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Woodland Hills Conservatorship Attorney at 818.340.4479 for all of your San Fernando Valley Conservatorship needs .  WoodlandHillsConservatorship.com . Our Woodland Hills office serves the Woodland Hills, Calabasas, West Hills, Tarzana, Agoura, Chatsworth, Northridge, Canoga Park, Winnetka, Encino, Sherman Oaks, Burbank, North Hollywood, and Westlake Village areas. Conservatorship Attorney Woodland Hills.