Sometimes, people sign statutory will forms which end up being invalid in California.  Our law firm has been advising clients regarding the problems with the use of Statutory Will forms in California for over three decades.

What makes a California Statutory Will invalid?

The manner in which the statutory will is executed may itself invalidate the will.   These types of will have to be completed by the testator.  People who try to fill these out for their parents often create a problem with admission of these types of wills, when will contests come about.

Faulty execution or signing and create problems with wills.  Moreover, faulty witnessing can also lead to particular will admission problems.   For example, if the witnesses do not view the testator sign the will, and do not sign the witness provisions in presence of the testator (that is the person who creates the will), then the statutory will is not validly signed.

What else makes for a bad California Statutory Will?

The California Statutory will provisions tend to be a somewhat confusing part of California Probate Code.   While the legislature has tried to make it simple, it is actually quite complicated.   You can inadvertently mark more than one box, which invalidates that provision.  You can fail to mark a box, which then creates other problems.  More than once box checked, invalidates that gift.  No box checked invalidates the provision.  The result of invalid gifts and residuary provisions is that heirs-at-law get the estate.  The result is the same as intestacy or having no will at all.

How do you avoid problems with wills?

Having an attorney drafted will avoids the common types of problems with the statutory will.  You will get advice, and there is someone to double check every aspect of the will.   People who want to engage in self-help wills must be made aware of the potentials for problems of selt-help will forms.

Call Mina Sirkin, Los Angeles Will Attorney who is certified as a specialist in probate and estate planning to help you with problems involving statutory wills at 818.340.4479 or email: Info@SirkinLaw.com.

 

 

 

Los Angeles, California – Probate Court

Barry Siegel was the former trustee to Elvis Presley’s fortune.  Lisa Marie Presley, in a Petition filed in Probate Court in Los Angeles, alleged that Elvis Presley’s trust assets went from $100 Million Dollars, down to five figures, while Siegel acted.

While Siegel’s attorney argued that the case should have been brought in the civil court, Presley’s lawyer argued that trust matters and accountings regarding such trusts belong in probate court.  Judge Robert Wada agreed with Presley’s counsel and has kept the case in Probate Court.

The next hearing on the matter is set for July 30, 2018.

When business managers act as trustee, there is an inherent conflict of interest.   As a business manager, the manager’s job is to juggle projects in a way that maximizes the gross financial gain, from which gross gains, they get compensated.  As a trustee, however, the trustee must balance risk with prudent investments to insure that the assets of the trust do not unreasonably decrease.   The fiduciary duties of a trustee are broad and when not watched, can get overlooked when a business manager is simply looking to maximize the income.   Generally, an increase in the income, increases the risk to the principal.   It remains to be seen what the court will decide in this case.

Call Mina Sirkin, Media Expert Trust attorney for legal commentary on the Elvis Presley Trust matter, as well as for advice regarding trust accountings in Los Angeles.  Call: 818.340.4479

 

The courts in Los Angeles, California have various procedures instructing you on how to open and close a blocked account, depending on the nature of the case.  There are many questions to explore before you open or close a blocked account.

WHAT TYPE OF CASE CAN HAVE A BLOCKED ACCOUNT?

1.  Minors Compromise cases.
2.  Probate Cases where a beneficiary is a minor, or otherwise requires protection.
3.  Guardianship of the Estate of a Minor.
4.  Conservatorship of the Estate of a Disabled Adult.
5.  Cases were an administrator, executor or conservator cannot get an adequate bond.
6.  Disabled Adult Compromise cases.
7.  Other cases were the ownership of the funds are in dispute by agreement or stipulation of the parties, and a court order.

WHO CAN CLOSE A BLOCKED ACCOUNT IN CALIFORNIA?

Los Angeles probate court  judges are very strict about closing blocked accounts.   A person who reaches 18 years of age, and ask the court to unblock the funds.   Judges usually require that he or she appear in court.  Many people try to use a power of attorney or parental authority to close these types of accounts, and they fail for lack of personal appearance in court.

PROCEDURE AND HOW TO TO CLOSE A BLOCKED ACCOUNT IN CALIFORNIA:

The procedure to close a blocked account changes depending on the type of case.  In all cases, closing a blocked account requires a court order.  Call us for help with a blocked account.

WHAT HAPPENS TO A BLOCKED ACCOUNT AT THE AGE OF 18,  IF THE OWNER IS DISABLED OR ON MEDI-CAL WITHOUT LOSING THOSE BENEFITS?

There are several alternatives to protect a person with blocked accounts who is on Medi-Cal.  Ask us about what procedures are available so the disabled person with a blocked account does not lose his or her Medi-Cal.  Call Mina Sirkin, blocked account attorney Los Angeles for assistance with closing a blocked account at 818.340.4479.

 

 

Is probate always necessary?  Not always.  Where there are alternatives to probate that have been set up during a person’s life, probate can be avoided in most situations. Ask us about the alternatives to probate.

How to determine if an asset needs to be probated?

First you look at the type of asset:

If the asset is of a type that can have a beneficiary, start there first.   Find out if there are any named beneficiaries.  If there are named beneficiaries who are alive, then probate would generally not ben necessary for that asset.

Then, look at the totality of assets which do not have beneficiary designations, and are not jointly owned.

If the total of those assets is below $150,000, then it is likely that no probate will be needed.

Sometimes, a probate is started for the purposes of shortening a creditor’s claim period.

Ask if there is a Trust and a Pour over will.   Sometimes we can avoid probate by bringing assets into an existing trust, even after death, via a special petition.

Call Mina Sirkin, Trust and Estate attorney in Los Angeles at 818.340.4479 or email us at info@sirkinlaw.com.

 

 

 

When Anthony Bordain died, no one anticipated it.   A lesson learned from his life is that planning for your estate should be done during a time when you are well, physically and mentally.  Mental health can vary from time to time.  Plan ahead if you know your loved one’s mental health changes rapidly.

CNN announced that they would play a tribute to Anthony Bordain, and that his show, Anthony Bordain, Parts Unknown will air as expected at 9p on Sunday.

Sudden deaths of those like Kate Spade and Anthony Bordain, make us think that life is very short indeed, and that young family members must be protected from unfortunate events. Planning an estate with an attorney is simple, and can be done in a few appointments.   Don’t delay until it is too late.  If you have family members with mental illness who have young children, you must act to protect their young ones.

Consequences of not planning will leave the family financially and emotionally devastated.   Locate financial documents, organize them, and see professionals whose jobs are to plan for the unexpected.  When someone is mentally ill, more attention should be paid, as the risks of death of those with mental illness are greater.  Greater challenges exist in estate planning for mentally ill individuals. Frequency of episodes, and hospitalization should alert you to pay close attention to them, and the needs of their families.

Call Mina Sirkin, Estate Attorney in Los Angeles County to assist you with planning for the elderly and mentally ill family members at 818.340.4479.  Email us for estate planning for persons with mental health challenges. For appointments email us at Info@SirkinLaw.com.

Most people don’t know that the agent under a power of attorney owes duties to the principal (creator) of the power of attorney.   Most mistakes that happen which create litigation in the power of attorney area are related to mistakes that create mistrust among family members.

What to do with a power of attorney once some one gives one to you?

You can use a power of attorney to manage someone’s bank accounts and transactions, real estate transactions, and many other things, as long as the power of attorney has specifically allowed for these powers.   Most power of attorneys DO NOT allow gifts to the agent in the power of attorney.   Statutory power of attorney forms in California have specifics about powers of attorney that prohibit gifts, unless the principal has specifically provided for it.

How to avoid the top ten mistakes in managing assets of a person who gave you a power of attorney?

1.  If you are the agent, separate your assets from the assets of the principal.  Keep a separate account for the principal.
2.  Document everything.   Track each receipt, and each expense you paid for your principal.
3.  Track all income your received which belonged to your principal.   Don’t deposit these in your personal account.
4. Identify yourself as an agent under a power of attorney on bank accounts.
5. Know that you owe fiduciary duties to your principal.

Where to get advice about power of attorney documents?

Generally, our staff attorneys can give you advice about any type of power of attorney.   The different types of power of attorney are:  1) Special or limited power of attorney; 2) Durable Power of Attorney; 3) General power of attorney.   It is very important that you review the power of attorney documents for effective date, and types of power that are given in the instrument.

Can you prevent the creator of the power of attorney from acting?

Generally, no.  So, technically, if a principal of a power of attorney wants to act, he can do so, until and unless a) he is incapacitated, and b) the court issues an order prohibiting him to act.   It works like this:  Mr. Principal can enter into contracts, even if he has given a power of attorney to his son as an agent to manage his contracts.  It sounds crazy, but the only way that son can prevent his father from acting, is to go to the court and get the conservatorship court to issue an order that his father cannot enter into contracts.

If a principal of the power of attorney becomes incapacitated, as agent, you can do some things to help in this situation.  You can notify the banks, and record your power of attorney in the county regarding real estate transactions.   So, technically, if an agent has a proactive role, but his protective powers are in fact limited.  Ask us how a power of attorney relates to conservatorship.

To learn more about power of attorney duties and liabilities, call our attorneys, Mina Sirkin and Evan Sirkin who can guide you about each power of attorney duty.  Call now: 818.34.4479 or email us here: info@sirkinlaw.com

 

When executing any legal document, you should consult an attorney about the risks of signing the document, especially when the document is a power of attorney.   Depending on what kind of power of attorney document you use, you are giving someone else the authority to sign documents for you.

With a health care power of attorney, you are authorizing someone else, hopefully family, to make medical decisions for you.   With an asset management power of attorney, you are letting someone else sign your name to most legal documents.

What are the risks of signing a power of attorney?

The risk may be that the agent who you have entrusted at the time of execution or signing, may at a later point become a) unfriendly; b) dies; c) becomes incapacitated, or d) become a financial risk, in that he may use poor judgment in using your money.

What are the personality types of characters that do not make good agents in a power of attorney situation?

A.  Gamblers;

B.   Over-spenders;

C.   Overbearing or abusive personalities;

D.   Unstable characters;

E.   People who are generally unreliable.

F.    Liars and cheaters in your family or among your friends.

G.   People who are your caregivers, and not related to you.

H.   People generally not good with money.

If are located in Woodland Hills and need a power of attorney, call our office at 818.340.4479.  We spend time in educating our clients about the ramifications of preparing a power of attorney and can advise you whether or not you should do one.

 

Reasons for becoming a conservator vary in each case but are more complex in Los Angeles and require further considerations.   Sometimes, our clients want to protect an elder from financial abuse.  Other times, an elder can no longer physically care for himself and family members realize that there is no power of attorney in place.

No matter why you want to become a conservator in Los Angeles, you must know that conservatorships have many court deadlines and requirements.   Some of the important things you need to know are:  You can’t pay yourself without a court order.  You must file an inventory with the court.  You have to follow a very stringent requirement of accounting to the court a year after you receive your letters of conservatorship.   Many people refer to Letters of Conservatorship as Letter of Conservatorship, which is a form which indicates the actual authority of the Conservator.

Getting Help and How to Become a Conservator in Los Angeles

Getting help when you want to become a conservator is essential in the success of your case.  Conservatorship cases are very procedural.   Miss the procedure, and the court will deny the petition after giving you a chance to cure the procedural issues.

Getting paid requires a petition for compensation in conservatorships.  Fees sometimes become contested, and the courts often question the fee request by the conservator.

If you want guidance about conservatorships in Los Angeles County, call Mina Sirkin, conservatorship attorney for effective advice.  Call 818.340.4479.

What are the things to keep in mind about the Public Guardian in Los Angeles?

1.  The Public Guardian is an arm of the County of Los Angeles.
2.   While the office is charged with the duty of guarding the public, it does not operate like a business.
3.   It takes a long time for the Public Guardian to investigate conservatorship cases.
4.   The employees of the Public Guardian are good people who are just trying to help.
5.   Kindness goes a long way when your family is involved with the employees of the Public Guardian.
6.   You must be able to manage your frustration directed at the situation, and not direct it towards the Public Guardian.
7.   The Courts and judges sometimes prefer the Public Guardian to feuding siblings in conservatorship cases.
8.   The services of the Public Guardian in conservatorship cases is not free.  The Public Guardian files a petition in court to get paid a fee from the assets in the cases to which they have been assigned.  The lawyers for the Public Guardian are called County Counsel.
9. The Public Guardian performs a very important service in Los Angeles, which is to protect those who cannot protect themselves .  To get more information about the Public Guardian, call Mina Sirkin.  Mina Sirkin has been a conservatorship attorney in Los Angeles County since 1992.  We can help you resolve problems and get you appointed as the conservator.  Call 818.340.4479 or Email to:  Info@SirkinLaw.com

 

 

 

SPECIAL NEEDS TRUST ATTORNEYS GLENDALE CALIFORNIA

Glendale CA
CREATING A PLAN: SPECIAL NEEDS TRUSTS IN GLENDALE CA, AND  PASADENA AREAS

As special needs trust attorneys, we gear our special needs planning based on over 22 years of experience in drafting and litigating such trusts.  When parents leave an inheritance to a special needs child, much attention should be given to the selection of the trustee and the special needs language as well as the expected cost of living of the child.  Our Glendale California Special Needs Lawyers can address each special needs issue specifically and individually.

A Special Needs Trust is then crafted by an attorney to protect and manage inheritances, litigation proceeds, and other resources while maintaining the child’s or disabled adult’s eligibility for the much desired public assistance benefits.

WHO COMMONLY CREATES A SPECIAL NEEDS TRUST?

Generally, parents, grandparents or others may fund a third party special needs trust the with resources which they deem appropriate for the trust with some limitations.  The Special Needs trust assets are managed by a trustee for the benefit of the child or adult with the disability.   On the other hand, first party special needs trusts are created with the assets of the disabled beneficiary, such as litigation proceeds, via a court order.

Government agencies generally honor special needs trusts, but many agencies have imposed stringent rules and regulations upon them. This is why it is of most importance that you, as parents consult an experienced attorney regarding current government benefit programs.

MOST COMMON TYPES OF SPECIAL NEEDS TRUSTS: 

There are three general types of Special Needs Trusts.

Third Party Special Needs Trust: This type of trust is created by a parent, grandparent or other persons for the benefit of the disabled person.  In this type of trust, the parent or grandparent is the grantor.  The assets which go into this type of trust come from a third party other than the disabled person.

First Party Special Needs Trust:  This type of trust is created for benefit of the disabled individual, often with a court order, and contains repayment provisions for Medi-Cal.   This type of trust can be created by a Conservator/Guardian/ Parent or Grandparent.  This type of trust is generally used for litigation proceeds and sometimes for inheritances which were distributed to the disabled person by error.  This type of trust is created in a Minor’s Compromise or Disabled Person’s Compromise proceeding.

a)    Litigation and Structured Settlement Special Needs Trusts.
b)    Qualified Settlement Trusts.
c)    Litigation Proceeds Special Needs Trusts.

Pooled Special Needs Trusts: A pooled trust is usually administered by a corporate fiduciary and is used in specific situations where the Medi-Cal or SSI beneficiary is 65 years old and over, or on where appropriate when the beneficiary will be receiving settlement proceeds.   This type of trust has a corporate trustee.

Much care must be given to the language of the trust to prevent the loss of the needed services and assistance.

The disabled person is the beneficiary of the trust. The trust is discretionary and the trustee has absolute discretion to determine when and how much the disabled individual should receive. The disabled individual cannot be the trustee of this trust.

A few important items to note about Third Party Special Needs Trust cases:

The SNT is established (grantor, settlor) by family members such as parents, grandparents, and sometimes by conservators of parents/ or grandparents.   They are always formed by someone other than the person with the disability.

The SNT assets are managed by a trustee (and successor trustees) and NOT the person with the disability;  In fact, the disabled beneficiary cannot be named as trustee of the SNT.

The SNT gives the trustee or successor trustee the absolute discretion to provide whatever assistance is needed.  This means that no mandatory distributions can be made;

The SNT should prohibit giving the person with the disability more income or resources than permitted by the government;

The SNT is for supplementary purposes only; it should add to items provided by the government benefit program, and should not replace those government benefits;

The terms of the SNT define “supplementary needs” in general terms, as well as in specific terms related to the unique needs of the disabled individual;

The terms of the SNT may provide instructions for the disabled person’s final and funeral arrangement;

The terms of the SNT will determine who should receive the remainder balance of the trust after the disabled person dies;

The creator of the SNT trust determines choices for successor trustees. These can be family members, friends or professional organizations who have the best interest of the person with the disability in mind; and

A Third party SNT is a spendthrift trust and generally protects the trust against creditors or government agencies trying to obtain funds from the disabled person.

Our attorneys at Glendale Special Needs Trust Law Offices serve the following areas:  Glendale, Burbank, Pasadena  Altadena, Alhambra, San Marino, La Canada Flintridge areas.

Only 1% of all California attorneys are Specialists.   Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning and Trust Law, Glendale Ca.   Call Glendale Special Needs Trusts Attorney: 818.340.4479. Special Needs Trust Glendale Ca.  

Glendale Office: 450 N. Brand Blvd. Suite 600, Glendale CA 91203.