Los Angeles Trust and Probate Litigation Attorney, SirkinLaw

Fighting About Care of Parents | Los Angeles Conservatorship Litigation Attorney

Are you and your siblings fighting about the care of your parents? Family feuds regarding care are very common, and most of the issues revolving around parents can be resolved by mediating those conflicts. Attorney Mina Sirkin, Conservatorship Specialist in Los Angeles can assist you in early mediation of trusts, estates, and conservatorship disputes so you can sleep at night.

Here are some tips that will help you:

1.  Find out the role each sibling will play in assisting the parent.

2.  Reduce your expectation of what others will do for your parents.

3.  Increase communication with your parent and siblings.

4.  Visit more!

Contact Mina Sirkin by email: [email protected] or by telephone at 818.340.4479. With over 24 years of experience in Elder Law and Conservatorship Litigation, our attorneys can assist you in alternative dispute resolution in Elder Law, conservatorships, trusts and probate estates in Woodland Hills and Los Angeles.

Signs of Parental Cognitive Decline Teleseminar/ Webinar

Learn the signs of elderly parent's cognitive decline and what you can do about it to protect your parent.  Find out if your elderly parent needs a conservatorship.

DATE:   May 15, 2020 at 11 a.m.

 

Email Registration is required through our form.  

 

Speaker:  Mina N. Sirkin, Esq.

Contact:   818.340.4479

Once you have registered, we will email or text you the call in number and passwords.

Seminars are limited to 10 participants.

Elder and Conservatorship Law Woodland Hills and Los Angeles

 

 

 

Problems Inherent In Probate Administration-- Woodland Hills Probate

There are multiple problems inherent in probate administration, which Woodland Hills residents should try to avoid.   For instance, the executor or administrator does not always know the extent of the assets of the decedent.   This creates mistrust by heirs involved, because heir are not always related to the decedent, or to the executor.

Woodland Hills executors would do well to create trust among the heirs by freely sharing a routine list of assets and income of the estate with the beneficiaries.   Avoiding misunderstandings by communication can prevent many of the problems administrators and executors come across in probate.

Another problem is disorganization. Disorganization in the records of the decedent can be eliminated by creating a filing system, and focusing on records going back seven years.   It is not to say to destroy older records, it just allows the executor to focus on the more current records, and send the older records to storage.

Unpaid taxes are also pose common problems for administrators and executors.  When a person is ill for the last few years, it is very likely that he or she has not filed tax returns.  This is a significant problem, if there is an ongoing business in the estate.    Running a business in probate requires the administrator to be aware of the tax issues facing the estate.

There are also sometimes problems that arise in administration following a conservatorship.  Ask us about conservatorships problems relation to estate administration in Los Angeles County.

Call Mina Sirkin, Specialist Attorney in Probate to discuss Woodland Hills Probate and issues facing executors in probate administration.   Contact:  [email protected] or 818.340.4479

Conservatorship of Britney Spears Take Two: Mina Sirkin KPCC Interview

http://familywealthlawyers.typepad.com/my_weblog/2016/05/mina-sirkin-interviewed-on-kpcc-re-conservatorship-of-britney-spears.html

Mina Sirkin

Certified Specialist Probate, Estate Planning and Trust Law

818.340.4479

 

Elder Law Woodland Hills

Elder Law Woodland Hills

SIRKIN LAW GROUP, P.C.

21550 Oxnard St. #300

Woodland Hills, CA 91367

818.340.4479

Elder Law Woodland Hills CA

Do you have questions about the Los Angeles Conservatorships process?  We have the answers and solutions to your most difficult conservatorships issues.

 

 

 

Conservatorship Readiness Signs for Elderly: San Fernando Valley Conservatorship Attorney

What signs are there that your elderly family member may need a protective proceeding called a conservatorship?  San Fernando Valley Conservatorship Attorney, Mina Sirkin has identified those signs:

1.  The person is unable to provide food for themselves.   Refrigerator does not have any fresh or healthy foods and cabinets may not have any dry food in them.

2.  The house is a mess.   Hoarding is often a precursor to a conservatorship proceeding.   An elder may not be willing to understand or see that the house needs cleaning.

3.  Bills are unpaid and late.

4.  There are piles of unopened letters and mail.

5.   The elder or disabled person does not participate in self-care activities such as bathing, or changing clothing.

6.  Doctors appointments are missed and nothing is rescheduled.

7.   Money is missing or there is someone trying to influence the elderly to part with their money or property.

Read the full Conservatorship Readiness Signs article here.

Call Mina Sirkin, Conservatorship Attorney in San Fernando Valley.  24+ years of experience in Conservatorships.  Certified Specialist Attorney by the State Bar in Woodland Hills.  Call us for all of your elder law needs at 818.340.4479. 

Lessons from the Whitney Houston and Bobbi Kristina Brown Estates

Bobbi Kristina Brown, the 22 year old daughter of Whitney Houston died yesterday according to sources close to her.   The dilemmas surrounding her death, her estate, and her mother's estate will be the focus of much media attention in the next few months as well as many practical lessons in estates planning.

Had Bobbi lived to reach 30 years of age, she would have inherited the bulk of her mother's estates, which was said to have been worth $20 million dollars.    Since Whitney Houston's will had a step-distribution provision, Bobbi would have inherited 10% when she reached 21.   The Will of Houston also states that if Bobbi dies before she reaches 30, then the remaining part of the estate (90%) goes to several people, including Whitney Houston's parents, siblings, and her then husband, Bobby Brown.   Houston and Bobby Brown divorced in 2005, so it is unlikely that he will inherit any part of Whitney's estate as most states eliminate an ex-spouse from inheriting from a will.   In this case, the will predates the divorce, so Bobby Brown may get nothing from Whitney's estate, but there is a twist because he, as a father, may indirectly receive Bobbi Kristina's 10% from her estate.

What happens to the 10% that Bobbi Kristina received from her mother's estate at 21?    That 10% goes to Bobbi Kristina's estate.  If Bobbi Kristina had a will, her will would dictate what happens to what she has already received from her mother's estate.   If she is married to Nick Gordon and died without a will, the entire picture can change.    Where there is no will, normally, the parent (Bobby Brown) and the spouse would inherit.   Here, you may see a dispute about whether Bobbi Kristina is married.   So, it is to be seen as to whether any will of Bobbi Kristina will surface, and whether there is a valid marriage to Nick Gordon.

Lessons learned: 

1.  If you are over the age of 18, you should have a will.

2.  Update your will and trust after marriage, divorce, when you have a new child, and when you inherit from someone else's estate.

Mina Sirkin is a Probate Attorney in Los Angeles  and a Media Advisor regarding Trusts, Estates and Conservatorships.   She has been an expert for CNN, KTLA, MSNBC, NPR, InsideEdition and E!Online.   Mina Sirkin is a Certified Specialist Attorney in Probate, Estate Planning, and Trust Law in Los Angeles, California.  Tel.: 818.340.4479.  Email: [email protected].

 

Family Trust and Living Trust Administration in Los Angeles

For over 22 years, Los Angeles attorneys at Sirkin Law Group have prepared Family living trusts and protected families like yours.  Our lawyers are experienced in preparation and administration of Living Trusts in Los Angeles.  Contact Mina Sirkin or Evan Sirkin to discuss your particular family living trust situation.   Tel.: 818.340.4479 and 800.300.9977.   Offices located in Los Angeles, Woodland Hills, Glendale and Pasadena.

Los Angeles Living Trust

Living Trust Los Angeles

Living Trust Attorney Los Angeles

FIDUCIARY DEFENSE AND LITIGATION ATTORNEYS LOS ANGELES

FIDUCIARY DEFENSE AND LITIGATION ATTORNEYS LOS ANGELES

A fiduciary owes a special duty to the person or entity for whom he or she acts.    The special duty obligates the fiduciary to put the interests of his/her principal ahead of his own interest.   This is a relationship which imputes trust to the fiduciary.    Our Los Angeles attorneys help defend fiduciaries and beneficiaries with respect to actions taken.   An action against a fiduciary can include a Breach of Fiduciary Duty cause of action, as well as other claims.

 

Who is a fiduciary in California?

1.  Trustees.

2.  Executors and Administrators. (Personal Representatives)

3.  Conservators.

4.  Professional Fiduciaries.

5.  Real Estate agents and brokers.

6.  Escrow officers.

7.  Attorneys.

8.  Pension Administrators.

9.  Guardians.

10. California Stockbrokers. (See special rules re compensation)

11.  Investment Advisors.

12.  Agents under a power of attorney.

 

Essentially, as a fiduciary, you hold assets of others and are to protect those assets, and must be able to account for those assets.     Many times, trustees and executors are sued for breaches of fiduciary duty.    Actions and even inactions by a trustee or executor and conservator are subject to Court review.     If a fiduciary fails in administering the trust, or acts in bad faith, he or she can be personally responsible for the losses to the trust or estate.

 

In prosecuting and defending a breach of fiduciary duty action, experts generally testify as to the duty as it relates to the facts of the case.    Our attorneys can help you determine if a duty exists, and to defend the actions of the fiduciary in good faith.    Call our Los Angeles Ca Fiduciary Defense Attorneys at 818.340.4479.​

Simple Rules About Probate Accounts and Accountings in Los Angeles CA

There are three simple rules about probate accounts and accountings in Los Angeles Ca:

1.   Keep the assets properly titled in the name of the estate and not in your personal name.

2.   File your petition for approval of the accounting timely, within one year from the date of Letters.

3.   Hire counsel to guide you.

Why hire us?

        We handled millions of dollars in complex probate estate accounting actions.  Accounting litigation cases are our expertise.   Mina Sirkin is a nationally recognized attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate, conservatorship.   We representing fiduciaries in complex litigation of controversies exceeding a million dollars.  

         With over 22 years of experience in representing fiduciaries, Ms. Sirkin is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group lawyer service the Los Angeles and San Fernando Valley areas, including Woodland Hills, Glendale and Pasadena areas and can assist you in handling all of your fiduciary law representations in court and out of court.  Call: 818.340.4479.  Probate Estate Accounting Attorneys & Lawyers Los Angeles.

Probate Accounting Los Angeles

Probate Account Los Angeles

Los Angeles Probate Estate Accounting

 

Fiduciary Law Los Angeles Attorneys Lawyers | Sirkin Law

FIDUCIARY LAW LOS ANGELES ATTORNEYS LAWYERS

As the baby boomer generation ages, so grows the need for fiduciary law representation in Los Angeles.

Our fiduciary attorneys represent clients in compliance matters in their fiduciary capacity.   Our clients typically are in the following categories:

Private Professional Fiduciaries and non-professional fiduciaries:

1.    Trustees and Successor Trustees.

2.    Executors and Administrators.

3.    Conservators.

4.    Agents under a power of attorney.

Services we provide to fiduciaries:

• Full Fiduciary representation including legal compliance audits.
• Checklists for our CPA or other Fiduciary clients who just want consultative services.
• Risk assessment for fiduciaries.
• Accounting coordination and Accounting Petitions.
• Fiduciary defense in breach of fiduciary duty actions, and negligence matters.
• ​For non-fiduciary clients, we provide representation in cases where a fiduciary has misappropriated assets.
• Trust Defense
• Petitions for Instructions when a fiduciary is faced with dual duties under Ca law.

We regularly represent professional fiduciaries who can help you.  You can check fiduciary status of a professional fiduciary via fiduciary.ca.gov and pfac.org.

 

Why hire us?

        Handling millions of dollars in complex litigation cases is our expertise.   Mina Sirkin is a nationally recognized attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate, conservatorship, and estate matters.  We represent private professional fiduciaries in complex litigation of controversies exceeding a million dollars.  

        With over 22 years of experience in representing fiduciaries, Ms. Sirkin is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group's lawyers service the Los Angeles and San Fernando Valley areas, including Woodland Hills, Glendale and Pasadena areas and can assist you in handling all of your fiduciary law representations in court and out of court.  Call: 818.340.4479.  Fiduciary Law Attorneys & Lawyers Los Angeles.

Glendale Ca Conservator | Sirkin Law Group

TOP 10 QUESTIONS TO HELP YOU DETERMINE IF IT IS TIME TO BECOME CONSERVATOR OF A LOVED ONE IN GLENDALE CA.

Clients in Glendale often ask us whether they should become conservators for an elderly, disabled, aging 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 FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?

 

1.  Determine if there is an Advance Health Care Directive or Power of Attorney in place.
2.   Call our office at 818.340.4479 and ask for a call assessment regarding your case or to petition to appoint a conservator.
3.   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.
4.   Gather a list of medications and assets of your loved one
5.   Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Mina Sirkin, Glendale Conservatorship Attorney at 818.340.4479.  Our Glendale, Ca office serves the Glendale, Burbank, Pasadena, Eagle Rock, and surrounding areas in Conservatorship matters.  We can assist you in helping your aging parents or to appoint a conservator in Glendale.  Read more about Conservatorship Attorney Glendale.

 

Glendale Office address: 450 N. Brand Blvd. #600, Glendale, CA 91203.  

Glendale Ca Conservator | Conservator Glendale Ca

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Trustee Beneficiary Disputes | Fiduciary Law | Attorneys Lawyers | Sirkin Law | Los Angeles Ca

Trustee Beneficiary Disputes | Fiduciary Law | Attorneys Lawyers | Sirkin Law | Los Angeles Ca

        Many times, a Los Angeles Trustee and a beneficiary do not see things from the same point of view, which may result in protracted disputes involving attorneys and lawyers.    While the trustee or fiduciary has the obligation to protect all of the beneficiaries, each beneficiary may have separate ideas of what protection they need.  At Sirkin Law Group, we have helped resolve fiduciary and beneficiary disputes and litigation cases for over 22 years. 

Typical cases involving disputes between fiduciaries and beneficiaries are stated below:

​1.   Trustee fails to give the trust documents to the beneficiaries.

2.   Trustee fails to account to the beneficiary.

3.   Trustee is a beneficiary and does not want to sell the house because he/she or his/her a child lives in it.

4.   It is taking too long for the beneficiary to receive his/her money under the trust or estate.

​5.   Trustee is investing the assets of the trust in the wrong investments and has lost money for the trust.

6.   Trustee has misappropriated or stolen the assets of the trust or estate.

7.   Someone is in possession of a trust asset and will not transfer it back to the trust.

8.   Sometimes, a trustee holds and assets which belongs to someone else, and the trustee will not return it.

 

Below are some frequently asked questions asked by beneficiaries in disputes involving beneficiaries and trustees:

 

1.   Do I have a right to see the trust documents?   Yes, if you are a beneficiary or heir at law.

2.   The trustee will not sell the house, can I force him to sell it?  Yes, if the sale is required to make the distribution to all beneficiaries.

3.   Can the trustee buy the trust property for under market value?  No, unless the trust document specifically allows him to do so.​

4.   Can the trustee benefit himself over the beneficiaries?  No, unless the trust provides for it.

 

Our attorneys and lawyers provide aggressive representation in beneficiary dispute cases in Los Angeles.

 

Why hire us?

Mina Sirkin is a nationally recognized probate and trust attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding celebrity probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group's Los Angeles office can assist you and your loved ones.  Let us resolve your dispute. Call: 818.340.4479.  Trustee Beneficiary Disputes, Fiduciary Law Attorneys Los Angeles.

Trustee Beneficiary Disputes | Fiduciary Law | Attorneys Lawyers | Sirkin Law | Los Angeles Ca

Conservatorship for Persons with Alzheimer's | Pasadena Glendale Ca | Attorneys Lawyers | Sirkin Law

Conservatorship for Persons with Alzheimer's | Pasadena Glendale Ca | Attorneys Lawyers | Sirkin Law 

Pasadena Ca Conservatorship

Our attorneys in Pasadena and Glendale observe that mild cognitive deficits in persons diagnosed with Alzheimers or dementia may lead to Conservatorships.   Although many people plan for incapacity by having power of attorney and trust documents, their plans are not always followed due to unexpected disagreements among family members.   Glendale Pasadena Ca Conservatorship.

When a person is diagnosed with Alzheimer's diseases, family members, friends or even neighbors take it upon themselves to assist the elderly.   While all starts with good intentions, sometimes family members get caught in the emotional throws of caregiving vs. control over the elderly.

Grieving the loss of health masks the anger that also comes with the diagnosis.  People sometimes seek avenues to take care of the elderly's legal and medical affairs without legal consultation which creates unpredictable results.   There are a number of legal tools and documents that can help ease the stress and the loss which families face.  Our Conservatorship attorneys in Pasadena & Glendale can help create predictability as soon as you are ready.

What you should to know:

1.  Get support from a geriatric therapist.   More than 5 millions Americans have been diagnosed with Alzheimers or dementia.   There are lots of local resources which can help families with dementia or Alzheimers.   Each local community has a chapter of the American Alzheimer's Association (Alz.org) which can provide lots of good information, with whose members you can exchange thoughts.

 

2.   Power of Attorney v. Conservatorship:   When the disease is at its early stages, creating an Advanced Health Care Directive, and a Durable Power of Attorney for Asset Management, can work as preventative legal care to avoid a conservatorship in court, but determining capacity via a physician is necessary.  

The Advanced Health Care Directive is free here to download.   When dementia or Alzheimer's is in its late stages, and the elderly person does not have the ability to understand the consequences of these documents, the only other avenue is a Conservatorship.

 

3.   What about Wills or Trusts?    If there is serious doubt about capacity of the elderly, a capacity declaration should be obtained from a doctor to determine whether it is appropriate to create the will or trust now, or to do it with a court order.

 

4.   Bring an inventory of assets to the attorney:   In preparing for a conservatorship, a quick inventory of the assets of the elderly is necessary to prepare the petition.  Bring a quick inventory with you.

Why us?  We have solutions.

Mina Sirkin is a nationally recognized elder law, dementia and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group's Glendale office can assist you and your loved ones.   Call: 818.340.4479.  Our Los Angeles, Glendale and Pasadena Offices can set an appointment for you regarding Conservatorships.   Pasadena Alzheimers / Dementia Conservatorship.

Los Angeles Conservatorship Attorneys

 

Conservatorship Los Angeles

 

Los Angeles Conservatorship 

 

Glendale Conservatorship Attorney

 

Pasadena Ca Conservatorship

 

 

Conservatorship Pasadena Ca

Conservatorship for Persons with Dementia | Woodland Hills Attorneys | Sirkin Law Group

Conservatorship for Persons with Dementia Woodland Hills Attorneys | Sirkin Law Group | Attorneys Lawyers | 818.340.4479

Our attorneys in Woodland Hills have discovered that even mild cognitive deficits in persons diagnosed with dementia can lead to Conservatorships.   Although many people plan for incapacity by having power of attorney and trust documents, their plans are not always followed due to unexpected disagreements among family members.

When a person is diagnosed with dementia, family members, friends or even neighbors take it upon themselves to assist the elderly.   While all starts with good intentions, sometimes family members get caught in the emotional throws of caregiving vs. control over the elderly.

Grieving the loss of health when a diagnosis is made, masks the anger that also comes with the same diagnosis.  People sometimes seek avenues to take care of the elderly's affairs without legal consultation which creates unpredictable results.   There are a number of legal tools and documents that can help ease the stress and the loss which families face.  Our Conservatorship attorneys in Woodland Hills can help create predictability as soon as you are ready.

What you need to know:

1.  Get support from a geriatric therapist.   More than 5 millions Americans have been diagnosed with Alzheimers or dementia.   There are lots of resources which can help families with dementia or Alzheimers.   Each local community has a chapter of the American Alzheimer's Association (Alz.org) which can provide lots of good information, with whose members you can exchange thoughts.

2.   Power of Attorney v. Conservatorship:   When the disease is at its early stages, creating an Advanced Health Care Directive, and a Durable Power of Attorney for Asset Management, can work as preventative legal care to avoid a conservatorship in court, but determining capacity via a physician is necessary.  

The Advanced Health Care Directive is free here to download.   When dementia or Alzheimer's is in its late stages, and the elderly person does not have the ability to understand the consequences of these documents, the only other avenue is a Conservatorship.

3.   What about Wills or Trusts?    If there is serious doubt about capacity of the elderly, a capacity declaration should be obtained from a doctor to determine whether it is appropriate to create the will or trust now, or to do it with a court order.

4.   Bring an inventory of assets to the attorney:   In preparing for a conservatorship, a quick inventory of the assets of the elderly is necessary to prepare the petition.  Bring a quick inventory with you.

Why us?  We have solutions.

Mina Sirkin, is a nationally recognized elder law, dementia and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group's Glendale office can assist you and your loved ones.   Call: 818.340.4479.  Our Los Angeles, Glendale and Pasadena Offices can set an appointment for you regarding Conservatorships.   San Fernando Valley, Woodland Hills Dementia Conservatorship.

Los Angeles Conservatorship Attorneys

Conservatorship Los Angeles

Los Angeles Conservatorship 

Glendale Conservatorship Attorney

Conservatorship Attorneys Woodland Hills

Conservatorship Woodland Hills Ca

Conservatorship Lawyer Woodland Hills

Conservatorship for Elderly in Los Angeles | Sirkin Law Group | Attorneys Lawyers

Cognitive deficits in the elderly often lead to Conservatorships in Los Angeles.   Although many people plan their estates and prepare power of attorney documents, their plans are not always followed due to various circumstances.

When a person is elderly, or has dementia, family members, friends or neighbors take it upon themselves to assist the elderly.   While all starts with good intentions, sometimes family members get caught in the emotional throws of caregiving vs. control over the elderly.

Many times, dementia patients and families all grieve the loss of health when a diagnosis is made, yet seek avenues to take care of the elderly's affairs without legal consultation which creates unpredictable results.   There are a number of legal tools and documents that can help ease the stress and the loss which families face.  Our Conservatorship attorneys in Los Angeles can help create predictability as soon as you are ready.

What you need to know:

1.  Get support.   More than 5 millions Americans have been diagnosed with Alzheimers or dementia.   There are lots of resources which can help families with dementia or Alzheimers.   Each local community has a chapter of the American Alzheimer's Association (Alz.org) which can provide lots of good information, with whose members you can exchange thoughts.

2.   Power of Attorney v. Conservatorship:   When the disease is at its early stages, creating an Advanced Health Care Directive, and a Durable Power of Attorney for Asset Management, can work as preventative legal care to avoid a conservatorship in court, but determining capacity via a physician is necessary.  The Advanced Health Care Directive is free here to download.   When dementia or Alzheimer's is in its late stages, and the elderly person does not have the ability to understand the consequences of these documents, the only other avenue is a Conservatorship.

3.   What about Wills or Trusts?    If there is serious doubt about capacity of the elderly, a capacity declaration should be obtained from a doctor to determine whether it is appropriate to create the will or trust now, or to do it with a court order.

4.   Bring and inventory of assets to the lawyer:   In preparing for a conservatorship, a quick inventory of the assets of the elderly is necessary to prepare the petition.  Bring a quick inventory with you.

Why us?  We have solutions.

Mina Sirkin, is a nationally recognized elder law, dementia and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group's Glendale office can assist you and your loved ones.   Call: 818.340.4479.  Our Los Angeles, Glendale and Pasadena Offices can set an appointment for you regarding Conservatorships.

Los Angeles Conservatorship Attorneys

Conservatorship Los Angeles

Los Angeles Conservatorship 

Glendale Conservatorship Attorney

 

Conservatorship Accountings Los Angeles | Sirkin Law Group | Attorneys Lawyers

Conservatorship Accountings Los Angeles | Attorneys Lawyers | Sirkin Law Group | 818.340.4479

Every court appointed conservator in Los Angeles must comply with conservatorship accounting rules in California.  

When a Conservator is appointed in Los Angeles, the first accounting is due one year after the appointment.   This means that the Conservator must file a Petition to Approve an Accounting and ask the court to approve his or her actions as well as the accounting.    Accounting schedules have strict requirements.   A sample of the schedules can be found in the Conservators' Handbook.  A simplified accounting may be filed by using the Judicial Council Forms created specifically for Conservatorship Accountings.    Once the first accounting is filed, then the next one is due two years after that, or if the Conservatee dies before then, shortly after the Conservatee's date of death.

If you need assistance complying with the accounting rules, please contact our office at 818.340.4479.

Why hire us?

Mina Sirkin, is a nationally recognized probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group's Los Angeles office can assist you and your loved ones.  Call: 818.340.4479. Los Angeles Conservatorships.

Los Angeles Conservatorship Attorney

Glendale Conservatorship Attorney

Los Angeles Conservatorship Lawyer

Lawyer for Conservatorship Los Angeles 

 

 

 

Special Needs Trusts Glendale CA | Sirkin Law Group | 818.340.4479

Special Needs Trusts Glendale

Special Needs Trusts are categorized in several separate types:

1.   Special Needs Trusts created with funds of Parents or Grandparents:

      This type of trust is generally called a Third Party Trust, and sometimes referred to as a supplemental needs trust.    It helps the disabled person keep their government aid, while the trust can pay for things which are supplemental to the help the government provides.

2.   Special Needs Trusts created with inheritance, settlement proceeds, or judgments, belonging to the Disabled Person:

       This type of trust is generally called a First Party Trust.   This type of trust requires that Medi-Cal be repaid at the death of the disabled person with the remaining assets of the trust.

       Disabled Persons' Compromises generally result in a first party Special Needs Trusts by Court Order, or a Court order for a pooled trust.

3.    Pooled Trusts:   Pooled Special Needs Trusts have a corporate fiduciary and can handle inheritances and litigation proceeds.  They are generally used for persons over 65, but are not limited to that.

If you need more information regarding Special Needs Trusts in Glendale, Contact Mina Sirkin, 818.340.4479.     Special Needs Trusts Glendale.   Glendale Special Needs Trusts.

Elder Law Attorney for Dementia & Alzheimer's patients | Glendale Pasadena Ca

Elder Law Attorney for Dementia & Alzheimer's patients | Glendale Pasadena Ca

Dementia patients and families grieve the loss of health when a diagnosis is made.   There are a number of legal tools and documents that can help ease the stress and the loss which families face.  Our Glendale elder law attorneys can help create predictability as soon as you are ready.

What you need to know:

1.  Support exists.   More than 5 millions Americans have been diagnosed with Alzheimers or dementia.   There are lots of resources which can help families with dementia or Alzheimers.   Each local community has a chapter of the American Alzheimer's Association (Alz.org) which can provide lots of good information, with whose members you can exchange thoughts.

2.   Use the Right Legal Documents:   When the disease is at its early stages, creating an Advanced Health Care Directive, and a Durable Power of Attorney for Asset Management, can work as preventative legal care to avoid a conservatorship in court.  The Advanced Health Care Directive is free here to download.

3.   What about Wills or Trusts?   Dementia does not prevent a person from executing a will or trust, or amending those documents.   If there is any doubt about capacity, a declaration from a doctor can help determine whether it is appropriate to create the will or trust now, or to do it with a court order.

4.   Beneficiary Designations:   To eliminate lengthy conservatorship proceedings, update your beneficiary designations.  If capacity  is a question, a court order designating the spouse or children as beneficiaries can be gotten, even without a conservatorship.

5.    Take Pictures, and make videos on your cell phone:   Documenting family histories and stories can be very valuable.   Videos can work as great tools to tell your loved ones what is important to you, in the event you cannot communicate at a later stage.  Youtube.com and cell phones can help in creating a living history and directions from you.

6.   Make a review appointment with your lawyer and financial advisor twice a year:   Review your assets, inventory them, and your documents with a professional twice a year.  This helps keep things fresh, and in check, in case you have forgotten an asset which needs to be handled.   

Why us?  We have solutions.

Mina Sirkin, is a nationally recognized elder law, dementia and probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters.  She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law.   Mina Sirkin is rated 10/10 on Avvo.  Sirkin Law Group's Glendale office can assist you and your loved ones.   Call: 818.340.4479.  Our Glendale Office is located at 450 N. Brand Blvd. Suite 600,  Glendale, CA 91203.  Glendale Elder Law and Dementia Counsel.​

Dementia Law Glendale

Conservatorships Glendale

Updating Your Will or Trust Los Angeles Ca | Sirkin Law Group

 

Have you waited too many years to update your will or trust? How do you know if you have waited too long to update your will or your trust? These are the changes that should make you think about updating your will or trust:

    Family Changes: 

        1. A death of a spouse, child or other beneficiary of your will/trust;

        2. A birth in the family;

        3. A divorce/separation (or a close possibility of one) in the family;

        4. A marriage in the family;

        5. A child has reached the age majority (18);

        6. Adoption of a child or grandchild. 

    Financial Changes:

        1. A substantial increase in the size of your estate (i.e. an inheritance);

        2. A substantial decrease in the size of you estate;

        3. Gifts of over $14,000 to any person;

        4. Lawsuits and/or Judgments against you;

        5. Depletion of a specific gift you had previously left in your will/trust;

        6. A change in financial responsibility of a child or grandchild;

        7. Acquisition/disposition of a business partnership or corporation.

    Health Changes:

        1. A serious illness or deterioration of health of either spouse;

        2. A serious illness of a child or grandchild who is a beneficiaryof your will/trust; 

        3. Disability of a child or beneficiary.

    Other Changes:

        1. Death of an executor or trustee; 

        2. A change in your relationship with your executor or trustee;

        3. If you have not reviewed your will or trust since 1986 for changes in the tax rules.

        4. An expiration of your Power of Attorney documents (pre-1992 documents generally expired in 7 years from signing.

If you need personal assistance regarding creation of trusts for children or grandchildren, private appointments are available at our law office.Mina N. Sirkin and Evan R. Sirkin are partners at the Law Offices of Sirkin and Sirkin. Sirkin and Sirkin has several office locations available throughout Los Angeles and Orange counties. Their practice is limited to estate planning (Wills, Trusts and Probate). To reach them by telephone, please call 818. 340. 4479.  Visit us at  Los Angeles Living Trust Attorneys.  http://SirkinLaw.com

 

Conservatorship Mediation Los Angeles

CONSERVATORSHIP MEDIATION LOS ANGELES 

Benefits of Mediation in Conservatorship Cases:

1.   Mediation is a method of resolving probate cases outside of court, without a trial.     At trial, one person wins, and one person loses.    That result can be avoided by mediating conservatorship matters.

2.   Mediations save money for parties involved in conflict, because mediation generally costs $5,000 -$6,000 per day, while litigation costs thousands of dollars per month.   Most mediations resolve in one day.    Most families are not aware of the high cost of litigation.   While most children want what is best for the parent, at times, past issues among siblings prevent in court resolutions, as it takes nearly a year to get to a trial in Los Angeles County.

3.   Mediations reduce stress.   Mediations can avoid the stress of countless court hearings, and long depositions.

4.   Mediations take the decision-making away from the Court and put it in the hands of the parties to come to an agreement.    If your elderly parent is the subject of the conservatorship, going to mediation can take away the stigma of a conservatorship for an elderly adult.

5.   Mediation agreements can be reduced into stipulated orders very quickly.    Once you resolve your case in mediation, the agreement can be filed with the court, or put on the record orally to end litigation involving the selection of the conservator or other issues pertaining to accountings or actions of the conservator.

6.    Mediations leave nothing to chance.   All matters are collaboratively agreed upon, and judges and juries do not make the decision for you unless you specifically ask for it.

7.    Mediations allow the parties to vent and be heard by a neutral.    At trial, there is generally no opportunity to say what is on your mind.   Trials are conducted by a question and answer session.   Many times, there are issues that a petitioner or objector would like the judge to know, but which never get heard.   At mediation, those issues can be discussed with the mediator.

8.    Mediations are confidential.   What is said in a mediation is not disclosed and not discoverable, unless it would normally be discovered during regular discovery.   The successful results of the mediation is however admissible as is a mediation settlement agreement when the parties so provide in the agreement.

9.    Mediations save estates and conservatorships for the elderly and their children.     Once the mediation is concluded, the costs of litigation are minimized and all of the conservatorship assets are then preserved for care of the elderly.

 

TYPES OF CASES WELL SUITED FOR RESOLUTION IN MEDIATION: 

Contested Probate and Trust matters

Contested Conservatorships 

Call us for the best way to handle your Conservatorship Mediation Case in Los Angeles.  818.340.4479.   Mina Sirkin, Certified Specialist, Probate, Estate Planning and Trust Law.  Conservatorship Mediation Los Angeles.   More information re Cosnservatorships in Los Angeles.