Who has the right to file a trust lawsuit in Los Angeles? Los Angeles Probate Lawyer

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What advice would you give your elder parents? Sirkin Law Los Angeles Elder Estate Planning

We recently heard the story of Lisa Marie Presley who filed suit against her former trustees and wealth advisors for bad decisions involving her trust which makes us think, "what advice would you give your elder parents if you could look forward twenty or thirty years?"  Los Angeles Elder Law attorneys at Sirkin Law Group have prepared tools and strategies which protect parents for over 27 years.   

Our wealth protection strategies involve complex asset protection planning specifically for elderly parents.   Because scams targeting elders are becoming more complex, we evaluate the existing trusts and either amend or restate them to provide elder protection tools.

Expressing one's wishes in estate planning comes with the ability to predict possible problems in the future.  Sometimes, the problems start with caregivers, and other times the problems start with family members or others.    Have in your personal notebook, a set of questions for any attorney who is helping your parents.

If you see that your parents are declining, do not wait.  Get the legal estate advice that is specifically geared for the protection of your parents as they age in Los Angeles.    Do you know what assets your parents have? If you don't, you cannot protect them.   Part of protecting them means knowing where to look for problems.

We have created trusts that allow your parents to stay at home with protection by constant reviews and advice about safe handling of money and investments.   Call Mina Sirkin, Elder Estate Planning Expert Attorney in Los Angeles County, Woodland Hills, Glendale and Pasadena.  818.340.4479 or email us at Info@SirkinLaw.com for appointments.  Call us when you need parents' estate advice in Los Angeles County California.

 

 

 


Role of a Conservatorship Attorney in Management of Estates in Woodland Hills

As an attorney in Woodland Hills who has practiced for more than 26 year in the conservatorship area, my role is to  handle management of estates of individuals who no longer can financially protect themselves.   Many times the problems start with late payment of bills, and lead to no payment of bills.   Some of the risks of dementia, Alzheimer's and other diseases that affect a person's cognitive ability, include the following:

  1. He or she cannot remember what bills exist.
  2. A mortgage payment may be thought of as having been paid, and may not be actually have been paid, which creates a foreclosure risk.
  3. Caregivers may go unpaid, or may get paid more than they have contracted.
  4. The elder may be approached by unscrupulous individual who may offer to fix the house and much above market rates.   Many times, the owner of the how may end up with sub-standard work, or unfinished work on the house and a mechanic's lien which should have never been placed on the property.
  5. At some point, self-help tools go away when there is cognitive decline.

How do we serve people who need conservatorships in Woodland Hills?

Children often contact us when their parent refuses help or needs help.   The simplest ways are always best before we approach filing a conservatorship for Woodland Hills residents.   If there is sufficient capacity to do estate planning, we use that as the first course of action.

Best Resources in Woodland Hills Conservatorships:

We are attorneys who are some of the best resources in dealing with conservatorships in Woodland Hills and the San Fernando Valley.   With over 26 years of experience in the LA Courts, our clients count on us to get the conservatorship petitions to the court and granted so that they can protect their loved ones.   We also have relationships with care managers and professional fiduciaries who can help fill in those roles when family members are overwhelmed with those tasks.

Call Attorney: Mina Sirkin, for Woodland Hills Ca Conservatorship and Elder Care Management issues at 818.340.4479.  We handle all aspects of probate and conservatorships in Los Angeles County.

To learn more about our probate and conservatorship services in Woodland Hills and Los Angeles, see our website here:  Probate and  Conservatorship.

Other articles of interest: 

What happens after a conservatorship ends?

Conservatorship as Protective Measures in Family Disputes

Wills for Disabled Persons by Woodland Hills Conservatorship Attorney

 

 

 

 

 

 


What happens after a conservatorship ends?

The end of a conservatorship proceeding can come anytime before the death of the conservatee, or as a result of the death of the conservatee.  

What happens next after a conservatorship ends?  Any assets left in the hands of the conservator must be turned over the the estate personal representative.   But before that happens, the Conservator must file a Petition for Final Account.   In that petition, the conservator will ask the court for authority to hand over the remaining assets to the personal representative.

If a conservatorship ends during the life of the conservatee, it is terminated by the court.  In that case, proper estate planning or a special needs trust may be used to avoid a possible future conservatorship.

What if there is no personal representative appointed?

The court may continue the conservatorship hearing, until such time as someone is appointed to receive the balance of the assets after death.   If the total assets do not exceed $150,000, the Conservator may upon a relative submitting an affidavit of small estate, and the passing of 40 days after death, to ask the court to distribute that informally.

Do you need Conservatorship advice?   If you would like to learn more about what happens after a conservatorship ends in Los Angeles, contact our Woodland Hills expert conservatorship lawyer, Mina Sirkin at 818.340.4479 or email: Info@sirkinlaw.com.  For a referral to a private conservator, contact us.

To learn more about our probate and conservatorship services in Woodland Hills and Los Angeles, see our website here:  Probate and  Conservatorship .

Other articles of interest: 

Role of a Conservatorship Attorney in Management of Estates in Woodland Hills

What happens after a conservatorship ends?

Conservatorship as Protective Measures in Family Disputes

Wills for Disabled Persons by Woodland Hills Conservatorship Attorney

 

 

 

 

 

 

 


Conservatorship as Protective Measures in Family Disputes

Have you ever heard a story involving a conservatorship, or had a family dispute involving care of an elderly family member which lead to a Conservatorship proceeding?  Helping your aging parents can sometimes be difficult.

The stories are many.  Most of the Conservatorship stories involve one parent who is incapacitated.   Common themes in conservatorships are:

A.  The incapacitated parent does not want to be conserved.

B.   A child or sibling is influencing the parent to dispose of assets in his/ her favor.

C.   A child or sibling is influencing the elderly parent to create a will, or trust, or to modify an estate plan, in his or her favor.

What do judges do?

Judges in La County courts who regularly hear these types of conservatorship stories, have seen and hear all sorts of variations of these scenarios.    Often, the result is the appointment of a neutral professional fiduciary where children do not get along.

Wisdom:   If you are in a situation such as the above, nominating a professional fiduciary is a good way of resolving family care matters in conservatorship cases.    Read our article about many ways to prevent elder financial abuse in Los Angeles County.

If you want to take advantage of a conservatorship as a protective measure in a family dispute, call attorney Mina Sirkin, Specialist in Conservatorship Attorney law in Los Angeles and Woodland Hills.  818.340-4479 or email Info@Sirkinlaw.com.  To learn more about conservatorships and how they can help your parents, see our website here.

 

 


Wills for Disabled Persons by Woodland Hills Conservatorship Attorney

WILLS FOR DISABLED PERSONS -WOODLAND HILLS CONSERVATORSHIP ATTORNEY

Mina Sirkin, a Woodland Hills Conservatorship Attorney explains Wills for Disabled Persons.   People who are not familiar with the process of making a will for disabled persons, often think that you cannot create a will for a disabled individual.   That is a myth.

First, you have to determine if the disabled person has capacity to make a will.  This is called testamentary capacity.   The threshold for Testamentary capacity is not very high.  It merely requires the person who executes the will to know his or her assets, and to be able to identify his family members, or natural objects of his/her bounty.

HOW DO WE DETERMINE IF SUFFICIENT TESTAMENTARY CAPACITY EXISTS?

Because we need an expert opinion, we ask a psychiatrist, psychologist or neurologist to examine the person who wants to make a will.    The report of of the doctor regarding capacity will tell the lawyer whether a will can be made normally, or whether the will needs to be made in a conservatorship case.

IS CAPACITY THE ONLY THING YOU NEED WHEN YOU MAKE A WILL FOR A DISABLED PERSON?

Not exactly.  A process for person who makes a will should be free of undue influence of others, mistake, or fraud.   As lawyers, we ask lots of questions about the circumstances of the person who wants to make a will.   If the person lacks capacity, the court can monitor the making of the will in a substituted judgment petition proceedings.

WHAT SHOULD YOU ASK A CONSERVATORSHIP LAWYER?

When an older adult decides to make a will, he or she should visit an attorney to get advice.   The attorney makes the first call as to whether there is capacity to make a will.  Ask the attorney about the circumstances when a will can be made despite a diagnosis for the elder.   Our Elder Law attorney in Woodland Hills advises families in creating wills for disabled persons.

CONSERVATORSHIP & WILLS ATTORNEY IN WOODLAND HILLS

Mina Sirkin is a Conservatorship and Wills attorney in Woodland Hills and Los Angeles.  Call our Woodland Hills Conservatorship advisor at 818.340.4479 for a Free Probate Consultation in Los Angeles or email us at Info@SirkinLaw.com

 

 

 


Woodland Hills Disabled Adult Conservatorship -- Woodland Hills Ca

When an adult is so disabled that he/she cannot handle his/her day-to-day affairs, a Woodland Hills Conservatorship can help in appointing the right person to legally take care of the special needs of the disabled adult.   Our typical clients are children whose parents have lost capacity and who need to be able to manage the parent's daily life, and to protect the parent's assets, or pay his/her bills.

A Special Needs trust can often bee used to preserve government benefits, where money, inheritance, judgment, or settlement proceeds are concerned.  For more information about how to preparre a will for a disabled person, see our Woodland Hills Attorney.

Contact:  Attorney, Mina Sirkin, for Woodland Hills Conservatorship questions.   MSirkin@SirkinLaw.com, or 818.340.4479.

 

Other articles of interest: 

Role of a Conservatorship Attorney in Management of Estates in Woodland Hills

What happens after a conservatorship ends?

Conservatorship as Protective Measures in Family Disputes

Wills for Disabled Persons by Woodland Hills Conservatorship Attorney

 

 

 


Los Angeles Probate Lawyer Limiting Executor's Liability

Limiting the executor's liability has become a very important topic in estate management.   Many times, attorneys for executors who advice their clients forget that the executor is usually a person without legal expertise.   Steps of probate, such as gathering the assets, preparing an inventory, and handling creditors have to be explained in everyday terms to executors.   

What is marshaling assets?  Marshaling probate assets, is a term of art used for changing the title to assets to the name of the estate.  For example, bank accounts will read, Mr. James Jones,  Executor of the Estate of Jenny Jones.   When you change the title of the account to the above, that asset is marshaled.   Then, the executor's task is to inventory that asset.   An inventory is a form that is prepared by the lawyer, sent to the executor, and to the probate referee to appraise the value of the assets of the estate.

A probate referee is a person who is an appraiser appointed through the court to evaluate and appraise the assets of the estate in California.  The purposes of having a probate referee is so that a neutral person sets the value of the assets. 

A Probate lawyer's most important job in Los Angeles, is protecting the executor from liability by instructing the executor on how to limit exposure to risk in probate.   Talk to our LosAngelesProbateLawyer.com today about Executor Liability Protection strategies. MSirkin@SirkinLaw.com. 818.340.4479


Los Angeles Probate Lawyer Accounting

An effective strategy in probate is planning in for the accounting decedent's estate.   Preparing an accounting has various steps. Before an accounting can be prepared, the probate estate inventory has be completed.    The accounting has several parts:  The Petition for Accounting, and the Accounting Schedules.   The probate accounting petition may be a first account, or interim account, or a final account of the executor in the estate.  The schedules of accounting have statutory requirements as set forth in the California Probate Code 1060-1064.

(a) All accounts shall state the period covered by the account and contain a summary showing all of the following, to the extent applicable:

(1) The property on hand at the beginning of the period covered by the account, which shall be the value of the property initially received by the fiduciary if this is the first account, and shall be the property on hand at the end of the prior account if this is a subsequent account.

(2) The value of any assets received during the period of the accounting which are not assets on hand as of the commencement of the administration of an estate.

(3) The amount of any receipts of income or principal, excluding items listed under paragraphs (1) and (2) or receipts from a trade or business.

(4) Net income from a trade or business.

(5) Gains on sales.

(6) The amount of disbursements, excluding disbursements for a trade or business or distributions.

(7) Loss on sales.

(8) Net loss from trade or business.

(9) Distributions to beneficiaries, the ward or conservatee.

(10) Property on hand at the end of the accounting period, stated at its carry value.

(b) The summary shall be in a format substantially the same as the following, except that inapplicable categories need not be shown:

SUMMARY OF ACCOUNT

CHARGES:

   
     

Property on hand at beginning of
account (or Inventories)


$

 

Additional property received (or
Supplemental Inventories)

 

 

Receipts (Schedule ______)

   

Gains on Sale or Other Disposition
(Schedule _______)

 

 

Net income from trade or business
(Schedule_______)

   
     

Total Charges:

$

 
     

CREDITS:

   
     

Disbursements (Schedule _______)

$

 

Losses on Sale or Other Disposition
(Schedule _______)

   

Net loss from trade or business
(Schedule ______)

   

Distributions (Schedule ______)

   

Property on hand at close of account
(Schedule ______)

   
     

Total Credits:

$

 

(c) Total charges shall equal total credits.

(d) For purposes of this section, the terms “net income” and “net loss” shall be utilized in accordance with general accounting principles. Nothing in this section is intended to require that the preparation of the summary must include “net income” and “net loss” as reflected in the tax returns governing the period of the account.

(Amended by Stats. 1997, Ch. 724, Sec. 6. Effective January 1, 1998.)

1062. 

The summary shall be supported by detailed schedules showing the following:

(a) Receipts, showing the nature or purpose of each item, the source of the receipt, and the date thereof.

(b) Disbursement, including the nature or purpose of each item, the name of the payee, and the date thereof.

(c) Net income or loss from a trade or business, which shall be sufficient if it provides the information disclosed on Schedule C or F of the federal income tax return.

(d) Calculation of gains or losses on sale or other disposition.

(e) Distributions of cash or property to beneficiaries, ward or conservatee, showing the date and amount of each, with the distribution of property shown at its carry value.

(f) Itemized list of property on hand, describing each item at its carry value.

Talk to our LosAngeles Probate Lawyer today about probate accounting strategies and limiting executor liability. Call Mina Sirkin, at 818.340.4479 LosAngelesProbateLawyer.com MSirkin@SirkinLaw.com