Probate Estate Expert Los Angeles
Tepper v Wilkins (2017) 10 CA5th 1198.
Daughter’s allegations that Mother lacked capacity to understand that her other three children were abusing their fiduciary duties as trustees were insufficient to give Daughter standing to bring suit against her siblings under the Elder Abuse Act during Mother’s lifetime. Standing belongs to Mother or her “personal representative.”
Mahan v Charles W. Chan Insurance Agency, Inc. (2017) 12 CA5th 442.
Despite lack of a retained legal interest in the assets of an irrevocable life insurance trust, the
elderly settlors can bring suit for elder abuse in connection with churning of trust
owned policies.
Pizarro v Reynoso (2017) 10 CA5th 172. Court’s equitable power to charge attorney
fees and litigation expenses against trust shares of bad faith litigants does not give the
court equitable power to make those litigants personally liable for such fees and
expenses. Imposition of personal liability requires statutory authorization.
Call us to discuss your trust case in Los Angeles. 818-340-4479
Estate Planning for unexpected life events.
Estate of 0’Conner (Oct 13, 2017 2nd app B272085 Div 1):
Funds in joint banks accounts with decedent presumptively passed to survivor account holder even though signature card is missing.
In California, if a beneficiary of a trust believes that the circumstances around the execution or signing of a trust or amendment were unusual, a beneficiary or heir at law can petition the court to determine that the trust or amendment is invalid.
If you would like to know how to invalidate a trust amendment, you must first be able to determine if there are sufficient grounds to do so. The grounds are factual basis or reasons for the court to set aside the trust or amendment. Some of the grounds are lack of capacity, undue influence, forgery or fraud, among others. The trust instrument can contain a no contest clause which bears on what is considered to be a contest if you file such a petition to invalidate the trust or amendment and you lose. This is a risk by the person who files such a petition which should be evaluated before filing.
A trust attorney can start the negotiation for settlement of a case long before filing any petition. However, once a Trustee’s Notification (called Probate Code 16061.7 Notice) has been given, the time period for filing a trust contest is very limited. If you receive such a notice from a trustee, you must immediately act to have the trust reviewed with a competent trust litigation attorney.
We have over 25 years of experience in Los Angeles Probate and Trust Litigation matters. Our trust litigation attorney is Board Certified as a Specialist in Probate,Trust Law and Estate planning. Our firms does not practice other types of law. We are dedicated to trusts, estates and conservatorship and appear in our local Los Angeles Probate Court several times per week. Mina Sirkin has been a legal expert to many media outlets such as CNN, MSNBC, Inside Edition and others regarding trusts and celebrity inheritance disputes. We keep up with all California and local probate and trust laws in Los Angeles . We have recovered millions of dollars in inheritances from trusts and are well-versed in financial elder abuse cases. Call Mina Sirkin, 818-340-4479 in Los Angeles for a complimentary Trust Litigation consultation .
When a Los Angeles probate executor or trustee of a trust is uncertain about an action, he or she files a petition for instructions in court to determine the best course of action.
There are many times where the executor cannot determine what the be course of action would be with respect to a certain issue.
Some examples of a matters which may require instructions are:
The function of the Petition for Instructions is several fold:
A. The instruction by the court when followed by the trustee, relieves the trustee of liability with respect to that specific issue.
B. The Petition for Instruction serves as a tool to bring beneficiaries to court and to give them notice of what the trustee or executor wants to do, so there is transparency in the actions of the trustee or executor.
C. The Petition is also used to create clarity for all fiduciaries and beneficiaries involved in the case as to the contents of the petition.
To find out what you should do if you have been served with a petition for instructions filed by a trustee or executor, call Mina Sirkin, Specialist in Trust and Probate in Los Angeles California at 818-340-4479 or Email: Info@SirkinLaw.com. Find us at LosAngelesProbateLawyer.com.
“The most important part of elder care planning is determining what elders would want to do during incapacity.”
Before incapacity happens, you must ask several questions:1. Where does the elder want to live, if she is incapacitated?
Does the elder want to live in an assisted living facility or at home?
What specific city is a preferred place for residence?
2. Who does the elder want to live with, she is incapacitated? Where is an appropriate setting for each stage of life including the type of care desired?
3. With whom does the elder NOT want to live, if she is incapacitated?
4. How will elder care be paid for during incapacity?
5. Is there a line of credit available on the house?
6. Are there enough liquid assets?
7. Is a conservatorship appropriate, or should it be avoided?
Mina N. Sirkin is a elder law attorney who cares for and handles incapacity planning for seniors in Woodland Hills and Los Angeles County. Call 818.340.4479 or Email: Info@SirkinLaw.com for a complimentary consultation.
Beneficiary Rights Trust Attorneys Lawyers Los Angeles | Sirkin Law Group
Beneficiary Right in Trusts, Los Angeles Ca Attorneys Lawyers | Sirkin Law Group | | 818.340.4479
Beneficiary Rights Attorney: Mina Sirkin is a Los Angeles Certified Specialist probate lawyer who handles beneficiary rights in trust and probate litigation matters in California:
Trust beneficiaries in Los Angeles often do not know the extent of their rights under California probate law.
Protecting a beneficiary’s rights, claims and objections in trusts and probate litigation matters involves taking immediate action. Waiting too long to respond or object to petitions can often detrimentally affect the rights of beneficiaries.
If you are a trust or estate beneficiary, you should know about the following rights:
1. Right to receive advice from an independent attorney. Do not rely on advice given by the trustee or executor’s attorney who does not represent you.
2. Remember that if you don’t question an action by a trustee or executor, you will waive your rights as to that action.
3. Review the trust or will with an experienced beneficiary attorney in trust and probate cases for immediate impact on your interest.
4. File any necessary objections timely and watch for no contest clauses.
5. Ask for an accounting in writing and keep a certified copy of your letter requesting the same.
6. If you don’t get a response to a request for an accounting, call your lawyer immediately.
When needing counsel to review your beneficiary rights in trust documents, contact Beneficiary Rights Lawyers, Mina Sirkin. With over 22 years of experience, our Certified Specialist in Trust Litigation in Los Angeles, California can assist you. Contact us for a free consultation at: 818-340-4479. Beneficiary Rights Trust Attorneys Los Angeles.
“Woodland Hills Conservatorship Attorney – Woodland Hills Ca”
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 NEXT WHEN MOST OF THE ANSWERS TO THE ABOVE 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. WoodlandHillsConservatorship.com . Our Woodland Hills office serves the Woodland Hills, Calabasas, West Hills, Tarzana, Agoura, Chatsworth, Northridge, Canoga Park, Winnetka, Encino, Sherman Oaks, Burbank, Encino Hills, Encino Hollywood Hills, Hollywood, North Hollywood, and Westlake Village areas. Conservatorship Attorney Woodland Hills. See our Lawyers and Attorneys in Woodland Hills California for friendly conservatorship services.
