Probate Attorney Los Angeles, Trust Estate Litigation Law Attorneys Ca

Woodland Hills Estate Planning Attorney

Woodland Hills, Ca November 26, 2011,12:36p  Woodland Hills Estate Planning Attorney

What variables do you need to consider in your estate plan?   Mina Sirkin, an estate planning attorney in Woodland Hills advises clients regarding the importance of preparing a solid estate plan while you are in good health.

The basis estate planning documents can be simple.   A Health care Power of Attorney, and an Asset Management Power of Attorney can be prepared inexpensively and can protect you in the event of incapacity by authorizing a trusted individual of your choice to make health care and asset management decisions for you.

The next level of planning your estate includes a will and trust which direct how your assets will be distributed upon death.    Your designated trustee (usually a family member) can  be assigned the task of collecting the assets, paying any debts and taxes, and distributing the assets to your loved ones.

If you are looking for an estate planning attorney in Woodland Hills, California, call our experts at Sirkin & Sirkin at 818-340-4479 or email us at MSirkin@SirkinLaw.com 

Woodland Hills Estate Planning Attorney

 

Conservatorship Woodland Hills California, Lawyer & Attorney

Conservatorships in California can be difficult procedures.   Sirkin & Sirkin are Woodland Hills attorneys who are experts in Conservatorship law.   Our law office opened its doors in 1993, and our lawyers have dutifully served the San Fernando Valley community and courts in protecting the interests of disabled adults and children.  

Areas of importance in Conservatorship matters are:

1.  Appointments.  Who is best suited at becoming the Conservator of the disabled person is often and area of dispute.  We can help you in determining the best interest of the conservatee in appointments.

2.  Marshaling the assets:   Depending on whether the person seeking appointment is a spouse, the laws regarding marshalling the conservatee 's assets address community and separate property issues.

3.  Care for the Disabled:  The Conservator who is appointed is legally obligated to attend to all the needs of the disabled conservatee.   Whether the conservatorship is for the person and/ or the estate, there are rules regarding care, and visitation.   Placement of the Conservatee in a convalescent home is also an issue which is addressed in this type of proceeding.

To contact a Conservatorship lawyer in Woodland Hills, California, call Sirkin & Sirkin at 818-340-4479 or visit us at http://www.SirkinLaw.com/conservatorship.html.   We serve all Los Angeles County courts.

Beneficiary Rights in California Trust and Probate Matters

Probate Attorney Los Angeles: Mina Sirkin is a Los Angeles Certified Specialist lawyer who handles beneficiary rights, trust and probate litigation matters in California:

Estate and trust beneficiaries often do not know their rights under California law.

Protecting a beneficiary's claims and objections in trust 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 trust and probate attorney for 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 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 documents, contact Beneficiary Rights Lawyers, Sirkin and Sirkin.  Our Certified Specialist in Probate Litigation in Los Angeles, California can assist you.   Contact us at: 818-340-4479.  http://www.SirkinLaw.com. 

 

 

 

 

 

 

Professional Fiduciary, Teresa Laggner: License status: REVOKED

Professional Fiduciary, Teresa Laggner's License is revoked.   Teresa Laggner, professional fiduciary in San Diego was convicted earlier this month.   Her fiduciary license was revoked by the State of California.

See full Default and Order document here:  http://www.fiduciary.ca.gov/public/pf-182_2011_07_06_rev.pdf

See also post about Teresa Laggner's criminal conviction and sentencing:

http://familywealthlawyers.typepad.com/my_weblog/2011/09/professional-fiduciary-teresa-laggner-sentenced-to-jail.html

See status of her license revocation here:

http://www2.dca.ca.gov/pls/wllpub/WLLQRYNA$LCEV2.QueryView?P_LICENSE_NUMBER=182&P_LTE_ID=1141

 

Professional Fiduciary, Teresa Laggner sentenced to jail!

The Associated Press

Posted: 09/20/2011 08:35:14 AM PDT

SAN DIEGO—A woman appointed by a San Diego probate court to oversee estates and conservatorships has been sentenced to 18 months in prison for stealing some of those funds to support a gambling addiction.

The San Diego Union Tribune (http://bit.ly/oJhhta) reports private fiduciary Teresa Laggner was sentenced Monday. She pleaded guilty earlier this year to wire fraud and money laundering.

Federal prosecutors say Laggner drained hundreds of thousands of dollars from client trust accounts. Laggner used the money to feed a gambling habit that ate up more than $1 million in losses over the past four years.

Laggner was given the authority to open bank accounts for the trust assets under her management. She was overseeing $20 million in assets last year.

 

Trust Administration and Litigation Lawyer, Los Angeles California

Trust Administration and Litigation Lawyer, Mina Sirkin advises clients regarding the most important aspects of estate planning and trust administration in preventing litigation in Los Angeles, California.

Some of the most important aspects of trust administration involve preventative actions by the trustee or successor trustee of a trust which reduce risks of litigation.   Many beneficiaries believe that their needs are not being addressed by the successor trustee.   Some of those needs are easily identified by the trustee by simply conducting a survey of the beneficiaries at the start of administration.

For example, a trustee who is in the process of trust administration, may want to ask the beneficiaries the following:

1.  Do you want the trustee to sell the trust property?

2.  What do you think is a reasonable price for the sale of the trust assets?

3.  What is your expectation of the time it takes to distribute the trust's assets?

4.   What is your expectation of the cost of administering the trust?

By conducting a survey, the trustee can gauge his or her actions in line with beneficiaries' expectations and avoid possible conflicts by early mediation or a vote of beneficiaries on issues which may result in conflict.

Mina N. Sirkin is a Trust Administration and Litigation Lawyer in Los Angeles, California.  She is Certified as a Specialist Lawyer in Trust Law, Probate and Estate Planning in Los Angeles, California. 818-340-4479.  MSirkin@SirkinLaw.com. http://www.SirkinLaw.com

 

 

 

 

 

 

California Probate Requirements: Los Angeles Probate Lawyer

Los Angeles Probate Lawyer, Mina Sirkin advises clients regarding probate requirements in Los Angeles, California.

Transfer of a deceased person's assets can occur in several different manners:  1) By Probate Administration; 2) By Trust Administration; or 3) By passing by Contract/joint tenancy or Beneficiary Designation. Each method has different requirements and rules.

The Probate Administration process insures that notice is given to the appropriate persons, and creditors of the decedent are adequately protected before assets of the decedent are distributed.   Distribution of assets of a deceased person is then done either according to instructions in a will, or by California's intestacy rules, if there is no will.   Probate is a time-consuming process and in most cases can be avoided, if there is a living trust.

Trust Administration is similar to probate administration, except that it generally does not involve the courts, unless there is litigation or questions regarding the rights of beneficiaries or duties of the trustee.   Creditors are also given notice during the trust administration period and are afforded rights to file claims.   Trust distributions are done informally and simply by notice to the potential beneficiaries who can review an informal accounting.

For information on Los Angeles Probate requirements, contact Mina Sirkin, Los Angeles Probate Lawyer.  Ms. Sirkin is Certified as a Specialist lawyer in Estate Planning, Probate and Trust Law, in Los Angeles, California.  818-340-4479.  http://www.SirkinLaw.com

 

Los Angeles Probate Attorney, Mina Sirkin to Speak at LAPA re Financial Elder Abuse

Los Angeles Probate Attorney, Mina Sirkin will be speaking at the LAPA's 35th Annual October Conference on Financial Elder Abuse

Six Things to Tell Older Adults about Financial Elder Abuse

Methods of Financial Elder Abuse commonly used by abusers

What to look for in Financial and Legal Documents to detect Financial Elder Abuse

Simple barriers to Financial Elder Abuse

Lessons learned from the Mickey Rooney Financial Elder Abuse Case

Download and Register:  Financial Elder Abuse Brochure

Date: Oct. 22, 2011

Place:  Omni Los Angeles Hotel- Downtown

              251 South Olive Street

              Los Angeles, CA 90012

Los Angeles Probate Lawyer, SIRKIN & SIRKIN practice Elder Law Litigation in Los Angeles, Ca. 818-340-4479. http://www.SirkinLaw.com.   Mina N. Sirkin is a Los Angeles Certified Specialist Attorney in Probate, Estate Planning and Trust Law by the State Bar of California.  

 

 

 

Los Angeles Living Trust: Amending Your Trust

Los Angeles Living Trust:  Will amending your trust impact the efficient transfer of your assets?  Yes.

Single Amendments:  In most cases, single amendments to a trust help clarify the trustor's intentions.

Multiple Amendments:  There are times where multiple amendment reflect a trustor who is under pressure by others to make a change, or one who simply cannot make up his/her mind.  Multiple Amendment within a short period of time, form the largest number of litigated cases in the trust and estate planning areas.

What should you do to clarify your intentions?

1.   State the reason why you are making a change.

2.  Identify troubled persons in your family and discuss those with your attorney.

3.  Implement methods of distribution of assets which are consistent with your trust, or leave very specific instructions why some assets are to be distributed via different methods.

Mina Sirkin is a Living Trust Attorney in Los Angeles, Ca.  Ms. Sirkin is Certified as a Specialist Attorney in California Probate, Estate Planning and Trust Law.  http://SirkinLaw.com. Tel.: 818-340-4479.

 

 

 

 

Los Angeles Beneficiary Lawyers: Probate Litigation California

Probate Attorney Los Angeles: Mina Sirkin is a Los Angeles Certified Specialist lawyer who handles beneficiary and probate litigation matters in California:

Estate and trust beneficiaries often do not know what to do when they receive a Notice of Hearing from an executor or trustee.   Protecting a beneficiary in Los Angeles Probate Litigation matters involves taking immediate action.   Waiting too long to respond or object to petitions can often detrimentally affect the rights of beneficiaries.

There are several points to consider if you are a beneficiary who has receivd a Probate or Trust Notice of Hearing:

1.  Seek counsel immediately.

2.  Quickly determine if the trust or will has a no contest clause.

3.  Review the trust or will with a beneficiary attorney for impact on your interest.

4.  Determine if you need to object to the petition.

5.  Conserve your assets by early mediation in litigated matters.

6.  Gather your witnesses and journal a time-line of events.

When needing counsel to review your documents, contact Los Angeles Beneficiary Lawyers, Sirkin and Sirkin.  Our Certified Specialist attorney in Probate Litigation in Los Angeles California can assist you.    Contact us at: 818-340-4479.  http://www.SirkinLaw.com. 

 

 

 

 

 

Probate in the Modern Court Room in Los Angeles

Probate in the Modern Court Room in Los Angeles, and what it means to you:

Los Angeles Probate Attorney, Mina Sirkin notes:

Some modern probate court rooms now have internet access.    In other court rooms, you can electronically send your proposed orders to be reviewed and signed by the probate judge or probate attorney.   In most court rooms, you can appear by telephone.  

What does this mean to you?  Well, it means that transmission of information is faster that what it used to be, so productivity is expected to go up.   It also means that the judges, probate examiners and probate attorneys in the court are under even more pressure to review the files which are coming up for hearings.

Some courts publish either notes, or tentative rulings in probate matters.   Most of the time, the notes are not prepared until just shortly before a hearing.    Clients can expect that they must be able to provide information requested by the courts on very short notice, at times, the night before a hearing.

Will the automation of probate courts help or hurt?  Automation and electronics have two sides, an angelic side, and an evil side.  Electronic communications by nature create urgency.   While not every email is urgent, the protocol is that emails must be responded to in a day!!  Sometimes, thought needs to go into a response.   And at times, and certainly in litigation, thinking about a subject may actually produce better results than a quick reply.

On the evil side of communication, witnesses now can tweet court room proceedings to outsiders, even if other witnesses are kept outside of the court room.   This can possibly change litigation results.   Solution:  No tweeting, cell use, or internet use during trials or evidentiary hearings.   

Less personal communication, such as email means, you don't get to hear the long pauses when you ask questions on the telephone, and certainly can mean that you miss creating working relationships that in most cases help resolve issues for clients.   So, the conculsion is to use electronics, but leave some personal communication room for conflict resolution, in person.

Mina N. Sirkin is a Los Angeles Probate Lawyer who is Certified as a Specialist in Probate, Estate Planning and Trust Law in Los Angeles, California.  You can reach her in person by calling 818-340-4479.

 

 

 

 

Los Angeles Probate Attorney gives tips about Preventative Legal Care

Preventative legal care: Mina Sirkin, Los Angeles Probate Attorney

Educating executors of probate estates and beneficiaries in preventative legal care is a great task for most estate and probate lawyers.   Different personalities and the grieving process often complicate even simple probate and trust matters.

If you are an executor, you can take a few steps in paving the difficult emotional road which comes with most California Probate cases with the follows:

1.  Keep accurate records of any and all estate expenses.

2.  Don't use cash to pay for any estate expense, unless you get a written receipt for it.

3.  Anticipate personality differences and immediately tell your probate attorney about the party's quirks before things get ugly.

4.  Remember that as a fiduciary, you must treat all beneficiaries with fairness and cannot favor one beneficiary over another, unless the will or trust specifically directs you to do so.

5.  Record all transactions in a ledger daily.  Don't wait a week to update your ledger.

6.  When difficulties are expected with a particular beneficiary, put everything in writing, unless your probate lawyer tells you otherwise.

Mina N. Sirkin is a Los Angeles Probate Attorney who is Certified as a Specialist Attorney in Probate, Estate Planning, and Trust Law by the State Bar of California.  Ms. Sirkin educates lawyers and clients about preventative legal care in California Probate cases. Contact Information: 818-340-4479.  MSirkin@SirkinLaw.com.  Website: http://www.SirkinLaw.com. 

Los Angeles Estate Planning Attorneys and Lawyers

Los Angeles Estate Planning Attorneys

Estate Planning and Probate Attorney, Los Angeles, CA

When our clients need legal advice regarding estate planning, probate, trust, estate, conservatorship, elder law, guardianship, and trust and probate litigation, the questions of law and fact generally turn on relative goals of the client.For example, what one client expects to receive from an estate or trust, depends as much on the emotional expectations of the client, as does the facts of the trust or estate matter. Most estate planning cases start with a general expectation or goal which stems from an emotional need. For example, the need for security is often a motivator for a spouse to bring his or her spouse to an attorney's office for estate planning. In other cases, the health concerns of an individual is the main cause for estate planning.

As estate planning attorneys, we are well experienced in the emotional and the legal aspects of estate planning. Litigation matters resolve when the underlying emotional needs of the parties is met, often through mediation.

At Sirkin & Sirkin, our estate planning lawyers and attorneys are here to help you with those goals and needs.

As a small law firm in Los Angeles, our clients have ranged in age from 30-99.   Our firm's main goal is generational satisfaction in knowing that the planning goals of our clients are easily met. With help from our Los Angeles Estate Planning Attorney, we can ease the road in any legal proceedings in your matter. We are confident that we can serve you and your family in the estate planning area.

Estate Planning, Trusts, Wills, and Estates in the Los Angeles Area

We believe that creating an estate plan, whether simple or complex, is a necessity for any person over the age of 18. Estate Planning provides a “what if” scenario both in health and in illness. Incapacity crisis can often be avoided with a proper estate plan. Our estate planning attorneys recommend that whether or not you have children, you should create an estate plan which protects your loved ones in stressful times. We offer simple and complex planning suitable for every individual.

Our Los Angeles Estate Planning lawyer with two decades of experience can help you plan and take preventative legal care in providing for your family's legal needs.

Los Angeles Areas We Serve

Our office is located in the Los Angeles area. We also serve all Los Angeles, and San Fernando Valley areas, including the following: Los Angeles, Calabasas, Woodland Hills, West Hills, Sherman Oaks, Encino, Tarzana Northridge, North Hollywood, Reseda, Van Nuys, Burbank, Glendale, West Los Angeles, Santa Monica, Century City, Beverly Hills, Pasadena, Studio City, Granada Hills, Chatsworth, Simi, Thousand Oaks, Westlake Village, Simi Valley, Conejo Valley, Camarillo, Culver City, Malibu, Venice Agoura Hills, and Oak Park.

To consult with an estate planning, probate, or trust attorney, please contact us at 818-340-4479 and 800-300-9977. Our appointment secretary who assists our Los Angeles Estate Planning Attorney is available by email at SirkinLaw@aol.com.

We protect your family, loved ones, estate, and trust. Contact Sirkin and Sirkin, your Los Angeles Estate Planning Lawyers, for a consultation regarding your case.

 

Woodland Hills Ca Probate: The Probate Process Protects the Elderly

Probate Woodland Hills Ca: California's Probate Process Protects the Elderly

 Mina N. Sirkin, a Probate Lawyer in Woodland Hills Ca says, "Probate isn't what people usually think of it.  In fact, it can be a protective tool in cases where an elderly person has been subject of financial elder abuse or undue influence."  Probate after death allows us to unwind an estate plan, will or trust where the estate plan benefited a caregiver who unduly influenced an elderly.   Probate Conservatorships can unwind an estate plan while the elderly is alive.

Many times, an elderly person is approached by a caregiver who initially starts with good will, but is latter motivated by the prospect of great financial gain.   The caregiver may attempt to use reciprocity to influence the elderly in achieving control over the affairs of the elderly.

If you have a loved one who has been subject of elder financial abuse, call our probate attorneys in Woodland Hills, Ca for advice on how to use the probate process to protect the elderly.    While the elderly is alive, a conservatorship process can established to retrieve the assets of the elderly which may have been taken by the abuser.

Contact our Los Angeles Probate Attorney, Mina Sirkin, to discuss your probate and elder law needs.

Call Probate Attorneys, Sirkin & Sirkin in Woodland Hills Ca at 818-340-4479 to consult with our Woodland Hills Probate Lawyers about matters involving the elderly and disabled.  Email: MSirkin@SirkinLaw.com. Probate Woodland Hills Ca: Probate Process Protects the Elderly.Probate Woodland Hills Ca.

 

 

 

 

Estate & Trust Attorneys in San Fernando Valley California Probate Litigation

Estate & Trust Attorneys in San Fernando Valley California Probate Litigation

Sirkin & Sirkin, Estate & Trust Attorneys whose office is located in the San Fernando Valley advise clients regarding the California Probate Litigation procedures.   Our firm has been located in Woodland Hills, California since 1993 and is dedicated to the efficient resolution of probate and trust litigation matters.

Our Certified Specialist Attorney, Mina Sirkin, is a Los Angeles Probate Attorney, who is certified in Probate, Trust and Estate law.  We can assist you in determining the best avenue to protect your inheritance.   If you have been disinherited and seek to obtain your rights as a beneficiary or heir, we can guide you in fact finding to determine if there has been any undue influence or fraud by others.   If you need a San Fernando Valley Probate Attorney, you can count on us to provide you with superior service in this area.

When filing contested Estate & Trust matters in the San Fernando Valley, contact ourlawyers and Estate & Trust Attorneys in San Fernando Valley who are experts in California Probate Litigation. Estate & Trust Attorneys in San Fernando Valley California Probate Litigation Contact us at: 818-340-4479 or by email at MSirkin@SirkinLaw.com. 

 

San Fernando Valley Ca Special Needs Trust Attorneys San Fernando

San Fernando Valley Ca Special Needs Trust Attorneys San Fernando

San Fernando Valley Ca Special Needs Trust Attorneys, Sirkin & Sirkin advise clients and personal injury attorneys on protecting public benefits such as SSI and Medi-Cal for  disabled adults and minors.  Obtaining litigation proceeds creates the risk of loss of public benefits such as Medi-Cal and SSI.

Unlike other types of special needs trust, a litigation special needs trust is made specifically for litigation proceeds.   The court normally determines the reasonableness of the proposed settlement and directs parties to disburse the proceeds to a special needs trust for the benefit of the disabled person or minor.   Minors' Compromise / Disabled Persons' Compromise proceedings are very complicated and create many risks to attorneys who have never dealt with public benefits.

Common cases where litigation proceeds may be ordered to a special needs trust:

1.   Personal Injury actions and Medical Malpractice litigation proceeds.

2.   Trust/Probate Litigation cases.

3.    Conservatorships involving injury to the Conservatee.

4.    Elder Law and Elder Abuse litigation proceeds cases.

5.   Any case were a disabled adult or minor may receive a judgment or settlement proceeds.

The main impediment in compromise actions is obtaining a bond for the trustee of the trust.   Contact our Special Needs Trust Attorneys in Los Angeles, and San Fernando Valley who can assist you in implementing the proper trust for the disabled adult or minor.

Before you settle an action and before you agree to a strutured settlement, call us to consult regarding the best vehicles in settlements of special needs adults and children.   

Mina Sirkin is a San Fernando Valley Ca Special Needs Trust Lawyer in Los Angeles, California.   Ms. Sirkin is a Board Certified Specialist Attorney in Trust Law by the State Bar of California.  Contact us by email at MSirkin@SirkinLaw.com or at 818-340-4479.   Offices in San Fernando Valley, Woodland Hills and Los Angeles, California.  Special Needs Trust Attorneys San Fernando Valley, Special Needs Trust Lawyers San Fernando Valley, San Fernando, Special Trusts, San Fernando Ca Special Needs Trust Attorneys Lawyers.

 

 

Conservatorship Guardianship Litigation Attorneys Los Angeles San Fernando Ca

Conservatorship & Guardianship Litigation Attorneys Los Angeles San Fernando

Often in Conservatorship and Guardianship litigation cases, parties to the litigation are children of the conservatee or relatives of the guardianship ward.   In many cases, siblings compete for the office of the conservator as it gives the proposed conservator more control over the parent's finances.   The process can be very expensive, and time-consuming.   PVP attorneys are appointed to report to the court regarding the situation.

Many times, the battle brings out old anger and jealousy where the competitors in the petition forget what is in the proposed conservatee's best interest.   These are come of the family dynamics than can be involved in conservatorship or guardianship litigation proceedings.

In contested guardianship litigation matters, the competition is usually between two sets of grandparents or other relatives who both believe they have the best interest of the minor in mind.   The courts then appoint minors' counsel in these types of matters to assist with the determination of best interst of the minor.

Conservatorship and Guardianship litigation matters often resolve in mediation.  However, there are many cases which end in trial.   Conservatorship and Guardianship attorneys at Sirkin & Sirkin can assist you in navigating the probate conservatorship and guardianship process in all Los Angeles County courts.  Our Los Angeles, San Fernando Valley , Woodland Hills, Ca attorneys are ready to assist you.  Call us at 818-340-4479.  Contact, Mina N. Sirkin, Los Angeles Guardianship Attorney. Email: MSirkin@SirkinLaw.com. Conservatorship Guardianship Litigation Attorneys Los Angeles San Fernando Ca.