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

When Co-Executors Fight…

When co-executors have been appointed to manage assets of the estate, it is very common that disputes arise which need to be handled.  Unfortunately, it frequently puts the Los Angeles probate attorney in a conflict, when a dispute arises and the lawyer represents both co-executors, it creates a conflict of interest for the lawyer and brings the estate to a halt. The lawyer is then forced to advise each of his/her co-executor clients to seek separate counsel.

This can happen when the co-executors are also beneficiaries.  It can also happen when the co-executors are just administering the estate.   Examples of disputes among co-executors are as follows:

1.  Disputes about the sales price of the home.
2.  Inventory disputes.
3.  Rent collection disputes.
4.  Reimbursement disputes.
5.  Accounting Disputes.

What are some simple solutions to co-executor disputes?

Here are some of the things a co-executor can do to resolve the disputes with another co-executor:

1.  Sit down and talk.
2.  Go to mediation.
3.  Have a neutral executor appointed, such as a professional fiduciary.
4.  Agree to submit the matter for a Petition for Instructions to the court.
5.  Agree to submit the disputed items to a probate arbitrator.

What really happens when co-executors fight?

When two co-executors fight, they cannot be represented by one lawyer.  Ultimately, each will have to seek separate probate lawyers which increases the inefficiency in managing the probate estate and the potential cost of litigation.    Selecting an informal tie-breaker before co-executors are appointed can help in managing and resolving potential disputes.  If you are a co-executor, we encourage you to sit together and come up with a plan on how to resolve any c-executor disputes.

If you are having trouble with another co-executor, call Mina Sirkin, probate attorney in Los Angeles who is a Board Certified Specialist helping people resolve probate disputes.  Call 818-340-4479 or Email.