When grandma went to a nursing home in Los Angeles, the last thing her children thought of was how to end nursing home bullying faced by the elder grandma.

Unfortunately, when it comes to social gatherings, even in senior settings, there are bullies who try to become the alpha in that setting.   Here are some examples:

a.   Gossip.

b.   Fist fights.

c.   Establishing cliques.

d.   Excluding others from social events.

e.   Making fun of an elder’s physical self, or the way he or he does things.

If you have an elder family member who is at a nursing facility, or one who is involved at the senior center, you should ask him or her about behavior of others.   Many people find it embarrassing to share these things, but the only way to prevent them is to bring it out the public, and the attention of the facility’s management.

Elder bullying can become elder abuse.  Your must take care of it and report it to change it.  Further, if the elder is under the care of the facility, you must ask that the facility show you how they handle these situations.

A local nonprofit in San Francisco, the Institute on Aging is developing an anti-bullying program.  Senior center staff members received 18 hours of training that included lessons on what constitutes bullying, causes of the problem and how to manage such conflicts.

Robin Bonifas, a social work professor at Arizona State University and author of the book “Bullying Among Older Adults: How to Recognize and Address an Unseen Epidemic,” said existing research suggests that about 1 in 5 seniors encounters bullying.

Sometimes causes of bullying may be, loss of control, loss of independence, and general grieving.   No matter what the cause, bullying is emotionally harmful, and can be physically harmful as well.

Call Mina Sirkin, Elder and Conservatorship Attorney in Los Angeles to discuss elder bullying at 818.340.4479 or to set an appointment.  Email us here:  Info@Sirkinlaw.com

 

What is the Public Guardian and What does it do in Los Angeles?

The office of the Public Guardian is an arm of the local County government which handles cases such as conservatorships for the elderly and disabled.   Its function is to protect the public by guarding the person and estate of a person who cannot take care of himself/herself.

When does the Public Guardian get involved?

The Public Guardian (also referred to as the PG), gets involved when there is a call or referral from several different sources.  Its referral sources are usually the hospitals nursing homes, the elder abuse hot line, banks, credit unions, financial institutions, and neighbors.  In short, all persons who are deemed mandatory reporters may refer to the Public Guardian.  People call the Public Guardian usually when someone is subject matter of elder or disabled person’s abuse.

What are the benefits of the Public Guardian?

The Public Guardian does not take sides.  It is simply an entity that takes over the assets of the person and manages their care.  The Public Guardian’s actions in a conservatorship case, are supervised by the courts in Los Angeles.

What are the common problems of involvement of the Public Guardian in Conservatorships?

The Public Guardian is overwhelmed with cases.  It takes too long to investigate the case or to file conservatorships because of the lack of resources available to them.

How to avoid the involvement of the Public Guardian?

By calling us, we can guide you to how to avoid the involvement of the Public Guardian in most cases.  It is always better to have a family member or a professional take care of someone, rather than the government.

Are you having trouble with the Public Guardian?

Call Mina Sirkin, Conservatorship attorney in Los Angeles at 818.340.4479 if you have questions about whether the Public Guardian in Los Angeles should be appointed in a case, and how to best determine if that is the best route to take care of the elderly.

 

How do you know when to hire a probate expert in your probate case?  You should hire someone with more than 25 years of probate experience when there are disputes among family members as to how to handle the assets of the estate.

Complications can arise in sales of probate property when one or more family members live in the property.   When a sibling asks another family member to move out of the property, this request brings with it, feelings of animosity, a power play, and past feelings that have remained unresolved.   When a neutral asks a family member to move out, there are no past feelings involved.  The decision is one of simple economics.  If there is a fight, everyone loses.

Experts in probate know have in their tool box of experience, many creative ways to resolve probate and trust disputes.  Younger lawyers lack the basic understanding of creative solutions and will often take a case to trial, because they simply do not have creative solutions as part of their experience.  When a case goes to trial, in most cases, all beneficiaries lose.

When a probate or trust case is large, the case requires tax expertise.  Hiring a tax expert in probate can save you thousands of dollars and much headache in settlement solutions.  Skillful planning requires training and professional savvy in probate and trust law by a qualified attorney.

Call Mina Sirkin, Probate Expert with over 26 years of experience in handling probate and trust litigation and dispute resolution. Call our Probate Expert at 818.340.4479 or email Info@SirkinLaw.com.

 

SPOUSE AND DOMESTIC PARTNER DEFINITIONS RELATED TO CALIFORNIA PROBATE

California Probate Code 72 provides that Spouse also includes a domestic partner under the Probate Code.

“Spouse” includes domestic partner, as defined in Section 37 of this code, as required by Section 297.5 of the Family Code.

(Added by Stats. 2016, Ch. 50, Sec. 77. (SB 1005) Effective January 1, 2017.)

YOUR RIGHT AS A DOMESTIC PARTNER IN CALIFORNIA PROBATE ESTATES AND TRUSTS

In order for a California Domestic Partner to have rights in the probate estate and trust of his or her partner, certain requirements have to be met.

First, we have to determine if a Domestic Partner status is available.   California defines Domestic Partners as those who have filed one of the following forms and official documents with the Secretary of State in California:

• Declaration of Domestic Partnership (Form NP/SF DP-1)
• Confidential Declaration of Domestic Partnership (Form NP/SF DP-1A)

A Domestic Partner Registry has been set up by the State of California for this purpose, which you can reach here:  http://www.sos.ca.gov/registries/domestic-partners-registry/.   California Domestic Partnership Forms and Fees can be found here:  http://www.sos.ca.gov/registries/domestic-partners-registry/forms-fees/#forms

A Domestic Partnership is therefore created by a positive act.  :“Domestic partner” means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297 of the Family Code, provided that the domestic partnership has not been terminated pursuant to Section 229 of the Family Code.   So, if the Domestic Partnership was terminated before death, the surviving domestic partner does not have any rights under intestacy rules.

If the Domestic Partnership has been terminated by death, however, and Notice of Termination was not filed by either party prior to the date of death of the decedent, the domestic partner who survives the deceased is a surviving domestic partner, and shall be entitled to the rights of a surviving domestic partner as provided in this code.

If there is a registered domestic partner relationship, then the domestic partner can stand to inherit assets under a trust, or the will, if he or she is unintentionally omitted, and definitely in intestacy, if no will exists.

Unfortunately, siblings and parents of the domestic partner may not get along with the domestic partner and several things can happen.  People who enter the domestic partners’ home my remove estate planning documents, will and other related documents.  We have heard that during the disputes, others hid the estate documents to prevent the domestic partner from inheriting.   This is why it is even more important for domestic partners to have an estate planning attorney, and to designate a safe keeping procedure for the estate planning documents of the domestic partners.

Need help protecting the domestic partner from family members?  Call Mina Sirkin, Trust attorney in Los Angeles County, California for help with Domestic Partnership probate, trusts and estate matters: 818.340.4479.

There are several ways that a trustee’s fees are determined in California.

Probate Code Section 15680 states that if the trust instruments sets the compensation or fees for the trustee, then the trustee is entitled to the compensation rate that is set in the trust.   Most trusts in California state that the trustee is entitled to reasonable compensation.  What is reasonable trustee’s compensation?  Reasonable compensation has been historically the amount of compensation that local or bank trustees have charged.   In most places in California, that range has been 1 to 1.5% of the gross size of the trust per year.

Can the Court give a greater or lesser amount of fee to the trustee?  Variables to consider.

Yes. The trustee must show the court a number of things to get a higher compensation than what is customary in the local community.  Here what the trustee or the challenger has to show the court:

A.  The tasks and duties in the trust are very different that what was expected when the trust was created by the settlor.

B.  Where the rate that is set in the trust instrument would result in inequity.  For example, if the trust says that the trustee gets 20% of the gross value of the trust, this may result in inequity, as being too high, and the court can then change that fee.   By the same token, if the trust for example says that the trustee is not allowed to get fees, or that he gets $20 as the annual trustee’s fees, the court can change that compensation to make it a higher rate, because it was inequitable the way it was drafted.

The important thing is to note that the order setting the trustee’s fee or compensation is prospective, for tasks to be done in the future after the order is issued.

What happens if the trust does not say anything about trustee’s fees?  If the trust is silent about the trustee’s rates, then the standard is “reasonable trustee’s fees under the circumstances.”  The circumstances then have to be described and explained to the court.

What happens if there are two co-trustees and one does more work than the other?

If there are two successor co-trustees, California law provides that if the trust does not have guidance on this, and there is a disagreement between the co-trustees, that the trustees fees or compensation is split or apportioned in the amount of service each co-trustee has provided.   Therefore, it becomes absolutely necessary that co-trustees keep a time log of their services on a daily basis.

If you have a situation in the trust where you are seeking the court to address tasks which where done in the past, that requires a different procedure than the above.   Can you challenge trustee’s fees sought by the trustee or successor trustee? Yes.  If a trustee tells you that he will be asking for a sum that appears unreasonable to you, you must act fast and ask the court to set the trustee’s compensation at a different rate because the order is prospective, and not retrospective.   You can also challenge a trustee’s rates, or totality of the request at the time of the accounting.

If you wish to consult with California trust attorney about trustee’s fees or rates, Mina Sirkin, contact us at 818.340.4479 or email: Info@sirkinlaw.com.

Trusts  A county does not obtain a cognizable legal interest in a criminal defendant’s property just because a prosecutor recorded a lis pendens against the property and secured a restraining order to prevent the transfer of the property prior to obtaining a restitution order. Integrated Lender Services v. County of Los Angeles (Velasquez) – filed April 27, 2018, Second District, Div. Eight  Cite as 2018 S.O.S. 2015  Full text click here > Trusts  For purposes of Marsy’s Law, the marshalling of a decedent’s assets by a court-appointed administrator operating under the Independent Administration of Estates Act does not constitute collection of money from a person who has been ordered to pay victim restitution. Estate of Casserley – filed April 27, 2018, Fourth District, Div. One  Cite as 2018 S.O.S. 2019  Full text click here >

PROBATE EXPERT

Our law firm’s probate attorneys have provided expert probate services in Los Angeles since 1993.  We pride ourselves in excelling in quick resolution of probate and estate disputes.

Some cases require specialist care in probate.   The issues that estates face vary from intersections of probate and civil law, to probate and community property disputes.   Whether assets of a decedent are separate property or community property can make a difference in intestacy cases.

Where there is a will which confirms the surviving spouse’s community property interest to her, can mean that the surviving spouse shares in the estate, regardless of whether she is actually a direct beneficiary.  That means that the executor owes the surviving spouse a duty to insure that the community property is properly distributed.

LOS ANGELES PROBATE EXPERT SERVICES

Most experts in Los Angeles Probate will freely tell you that probate can be very complicated.  Litigation can arise before and after a person dies.   Knowing the creditor claims laws in California can help determine whether a creditor will succeed in filing a case in probate.   For example, a creditor who files a petition for probate can miss the creditor claims period by missing the general statute of limitation of one year, and the shorter creditor claims period of four months by getting those dates mixed up.

Once a probate creditor claim is properly filed and served, an expert in probate can advise the creditor as to the next steps.  The executor for example, can reject a probate claim, at which time, the creditor has only 90 days to file suit on the rejected.

When you need a specialist or expert in California probate, call Mina Sirkin, probate expert, and Board Certified Specialist in Probate in Los Angeles County, California at 818.340.4479.  Email: Info@SirkinLaw.com.

 

 

 

What to do when your Ex-Spouse will not let you see your special needs child?

When your ex-spouse uses your special needs child to get revenge, there are remedies outside of the family court which allow the other parent to visit and interact with the special needs adult child.    These remedies for visitation and custody of an adult special needs child are obtained through the conservatorship court with special orders.

Is there a Conservatorship in place?

First you must determine, if there is a conservatorship in place.  If there is a conservatorship in place, is the conservatorship a limited conservatorship, or a general conservatorship?  In limited conservatorships, the conservator generally has specific powers.   You should review the court’s order to determine if the ability to restrict the social rights of the conservatee has been given to the conservator parent?  Even when that order exists, you are able to come to court and modify the order in a way that is in the best interest of the special needs child.

Are there existing special orders in place for visitation or custody of the adult special needs person?

Special orders an be set up to allow the other parent to have regular visits, and to participate in the IPPs at the Regional Center.   You should know that the Regional Center will not go against the conservator unless you bring an order that identifies the conservator’s obligations to let you participate.

What are the reasons the ex-spouse is preventing you from visiting with your child?

As divorces are difficult, sometimes divorces spill over to the lives of special needs adults, when the parents simply cannot agree on post 18 visitations or custody.   We excel at getting the orders you need to visit your child and to be able to participate in the life your special needs child

Use of mediation to help get you the visitation or custody orders you need:

Parents are encouraged to attend mediation first because the cost of visitation and custody battles in conservatorship court can become significant.   Talk to us about your particular situation.   We help parents of special needs children get conservatorship visitation and custody orders by obtaining the right instructions from the court.

Consult with Mina Sirkin at 818.340.4479 or Email MSirkin@SirkinLaw.com regarding custody and visitation of special needs or disabled adults or children in Los Angeles.  Los Angeles County Special Needs Visitation Orders for Special Needs Adults in Conservatorship cases.  Conservatorship Attorney in Los Angeles and Woodland Hills Ca.

 

 

 

 

 

 

LosAngelesProbateAttorney  – Visualize that you are a beneficiary of a will.  As you can imagine, many issues may come up in the administration of an estate in Los Angeles.  Probate is a court procedure, full of deadlines.   There are deadlines for filing an inventory, for accountings, and notices to creditors.  Managing an estate can be stressful, especially, if you are grieving.

Business interests in a probate estate pose very special problems.  When a person is appointed as an executor of an estate, close attention should be paid to whether the estate includes a business which needs to continue to operate.

Let the capable attorneys at Sirkin Law Group, guide you in all of your probate services in Los Angeles and surrounding areas.   We are well-organized and efficient lawyers in probate administration services.  Ask us to assist you in estates including probate and those estates which do not need to go through probate in California.   Not all assets go through probate.  It is very important when you start a probate in California to know the differences between probate and non-probate assets.

Hiring an experience Los Angeles Probate Attorney can east the pain of probate.   We regularly assist families who have lost loved ones.   Our job is essentially, to help you marshal the assets, pay the creditors, and distribute the assets per the court’s order.   We provide probate guidance so you do not make mistakes when you act as an executor or administrator of an estate.

Call Mina Sirkin, Los Angeles Probate Attorney at 818-340-4479 or email: MinaSirkin@gmail.com