New Trust Case Law 2018

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

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Probate Expert in Los Angeles & San Fernando Valley

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,

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Mina Sirkin Estate Planning and Litigation Lawyer in Woodland Hills, California

Estate Litigation and Planning go together.   Any Woodland Hills estate planner at some point will be asked to litigate aspects of trusts and estates.   Sometimes the disputed estate issues revolve around timely distributions from estates.   Other times, the nature of the argument in the estate may be that someone believes

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Predatory Marriage? It can happen to you!

WHAT IS A PREDATORY MARRIAGE, AND HOW YOU CAN VOID IT? The Star.com, a Canadian publisher reported on predatory marriage problems and how a Canadian judge voided the marriage leading the way to protect the fragile and elderly: “Six years after the Muskoka man’s Blue Mountain marriage, an Ontario Superior

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Conservatorships for Disabled with Alcohol or Drug Use, or Developmental Disabilities

Conservatorships for Disabled with Alcohol or Drug Use, or Developmental Disabilities in California Sirkin Law provides professional conservatorship services for families with incapacitated members or those suffering from alcoholism or drug use. When a parent did not set up a trust or designate a conservator or a disabled child, the

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Pensions and Legally Separated Spouses in California

Irvin v Contra Costa Employees’ Retirement Assn (2017) 13 CA5th 162. A legally separated surviving spouse is a “surviving spouse” for purposes of receiving pension continuation benefits under the County Employees Retirement Law of 1937. Pension Litigation and Los Angeles Probate

Elder Abuse and Standing in California

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

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Petition to Determine Invalidity of Trust or Amendment

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. What are the grounds for the court

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Elder Care Planning for Incapacity – Woodland Hills

“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

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