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.

 

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.