Sirkin Law Trust Estate Probate Litigation Attorney

Why is Special Needs Trust Administration Important in the San Fernando Valley? Management of a Disabled Person's Funds

Administration Of Special Needs Trusts in the San Fernando Valley

Do you need special advice about the management and administration of a special needs trust in the San Fernando Valley?  Our lawyers have over 27 years of experience advising trustees about special needs trust administration. Mina N. Sirkin advises residents of San Fernando Valley who are normally Special Needs Trust parents and grandparents about the details of administration and planning for a special needs trust in the San Fernando Valley.

Special Needs Trust administration is very important because the trustee has a fiduciary duty owed to the beneficiary and must exercise complete loyalty to the beneficiary, along with the exercise of discretion in spending.  Mistakes in how the money is expended can not only result in liability, but can result in the loss of government benefits.

Top 10 Tips in Administering Special Needs Trusts:

1. Set up a Trust file, and read it several times.
2. Create a trust inventory.
3. Carry adequate insurance.
4. Contact a financial advisor who is familiar with the Prudent Investor Rule.
5. Have an accountant do your accounting.  Have him/her set up a quarterly upload of the trust's financial statements so you do not have to rush at the end of the year, or at the time of accounting.
6. Communicate with the beneficiary, if possible.  If a beneficiary cannot communicate, talk to caregivers, conservators and other family members to get updates of on how the beneficiary is doing at least once every two months. 

Attorney Mina N. Sirkin has helped thousands of San Fernando Valley residents in administering special trusts.  Ms. Sirkin is a California Board Certified as a Specialist attorney in Trust law by the State Bar of California and regularly writes about special needs trusts administration and formation.  Contact: 818.340.4479 and [email protected]

Do you need special advice about the management and administration of a special needs trust in the San Fernando Valley?  Our lawyers have over 27 years of experience advising trustees about special needs trust administration. Mina N. Sirkin advises residents of San Fernando Valley who are normally Special Needs Trust parents and grandparents about the details of administration and planning for a special needs trust in the San Fernando Valley.

Special Needs Trust administration is very important because the trustee has a fiduciary duty owed to the beneficiary and must exercise complete loyalty to the beneficiary, along with the exercise of discretion in spending.  Mistakes in how the money is expended can not only result in liability, but can result in the loss of government benefits.

Top 10 Tips in Administering Special Needs Trusts:

1. Set up a Trust file, and read it several times.
2. Create a trust inventory.
3. Carry adequate insurance.
4. Contact a financial advisor who is familiar with the Prudent Investor Rule.
5. Have an accountant do your accounting.  Have him/her set up a quarterly upload of the trust's financial statements so you do not have to rush at the end of the year, or at the time of accounting.
6. Communicate with the beneficiary, if possible.  If a beneficiary cannot communicate, talk to caregivers, conservators and other family members to get updates of on how the beneficiary is doing at least once every two months. 

Attorney Mina N. Sirkin has helped thousands of San Fernando Valley residents in administering special trusts.  Ms. Sirkin is a California Board Certified as a Specialist attorney in Trust law by the State Bar of California and regularly writes about special needs trusts administration and formation.  Contact: 818.340.4479 and [email protected]

Alzheimer's Attorneys Los Angeles Discuss a Care Plan for your Parents

Attorneys For Families With Alzheimer's Dementia Los Angeles CA | Conservatorship  Los Angeles Attorney & Lawyer

Attorneys for Families with Alzheimer's Dementia Los Angeles Attorney | Sirkin Law Group  Wills Trusts Estates | 818.340.4479 | Los Angeles Alzheimer's | Conservatorship & Alzheimers Care Ca

Whether in a crisis situation or not,  Alzheimer's attorneys and legal staff prepare Los Angeles families with Alzheimer's Dementia focusing on a care plan, which helps implement goals and small steps to protect your parents or the person with dementia.   Our attorney in Los Angeles, Pasadena and Glendale has over 27 years of experience putting a protective Alzheimer's care plan together for families like yours.  Attorneys at Sirkin Law Group have a philosophy of preventative legal care.    We do not just manage Alzheimer's dementia, we legally prepare for it.   Talk to our lawyers about your family's Alzheimer's or dementia problems and how to manage care for your aging parents.

Our services range from finding financial resources for housing, nursing home planning, conservatorship for Alzheimer's and dementia patients, elder law, and care planning for dementia.   

How do you prepare for a person with dementia or Alzheimer's disease?

1.  Ask whether any of your parents or other family members have had dementia, Alzheimers or Parkinson's disease?   

2.   Unfocus from the disease itself and focus on small goals.

3.   If any member of your family has had dementia, Alzheimer's or Parkinson's disease, then you must put in place a series of legal documents to protect yourself and your family.

4.   The legal documents we recommend to our clients with a family history of dementia is as follows:

A.   A Living Trust

B.   A Will

C.   Durable Power of Attorney for Asset Management.

D.   Advanced Health care Directive OR a Durable Power of Attorney for Health Care and HIPAA authorizations.

E.   A complete inventory of assets updated yearly.  

F.   A legal transfer document allowing transfers of appropriate assets to the trust.

If you have a family member who has already been diagnosed with dementia, it is not too late to put together protective documents, if a physician can certify the capacity of the person with dementia.

Even when a person loses mental capacity, it is still not too late, even if no legal documents are in already in place, because we can still prepare for dementia, with a Conservatorship proceeding, with a substituted judgment petition and a court order.  Yes, we can even prepare wills and trusts after capacity is lost, with a court order.  Our Alzheimer's attorneys are legal professionals here to assist you and your family in Los Angeles.

Mina Sirkin is a dementia attorney, Certified Specialist Attorney in Probate, Estate Planning, and Trust Law in California helping families in Los Angeles Ca.   With over 22 years of experience, we can advise you on how to legally prepare for dementia step-by-step.   Los Angeles Conservatorship Attorney and to Dementia & Elder Law Attorneys Los Angeles.  Call us at 818.340.4479 0r 800.300.9977. Call and talk to our attorneys about Alzheimer's and dementia in Los Angeles and Glendale.  Schedule a call or a virtual online appointment here.  

 

 

 

Glendale Conservatorships

Glendale California 

Pasadena Conservatorship

Pasadena Conservatorship Attorney

Los Angeles Probate Lawyer

Attorneys for Families with Alzheimer's Dementia Los Angeles Attorney | Sirkin Law Group  Wills Trusts Estates | 818.340.4479 | Los Angeles Alzheimer's | Conservatorship & Alzheimers Care Ca

Whether in a crisis situation or not,  Alzheimer's attorneys and legal staff prepare Los Angeles families with Alzheimer's Dementia focusing on a care plan, which helps implement goals and small steps to protect your parents or the person with dementia.   Our attorney in Los Angeles, Pasadena and Glendale has over 27 years of experience putting a protective Alzheimer's care plan together for families like yours.  Attorneys at Sirkin Law Group have a philosophy of preventative legal care.    We do not just manage Alzheimer's dementia, we legally prepare for it.   Talk to our lawyers about your family's Alzheimer's or dementia problems and how to manage care for your aging parents.

Our services range from finding financial resources for housing, nursing home planning, conservatorship for Alzheimer's and dementia patients, elder law, and care planning for dementia.   

How do you prepare for a person with dementia or Alzheimer's disease?

1.  Ask whether any of your parents or other family members have had dementia, Alzheimers or Parkinson's disease?   

2.   Unfocus from the disease itself and focus on small goals.

3.   If any member of your family has had dementia, Alzheimer's or Parkinson's disease, then you must put in place a series of legal documents to protect yourself and your family.

4.   The legal documents we recommend to our clients with a family history of dementia is as follows:

A.   A Living Trust

B.   A Will

C.   Durable Power of Attorney for Asset Management.

D.   Advanced Health care Directive OR a Durable Power of Attorney for Health Care and HIPAA authorizations.

E.   A complete inventory of assets updated yearly.  

F.   A legal transfer document allowing transfers of appropriate assets to the trust.

If you have a family member who has already been diagnosed with dementia, it is not too late to put together protective documents, if a physician can certify the capacity of the person with dementia.

Even when a person loses mental capacity, it is still not too late, even if no legal documents are in already in place, because we can still prepare for dementia, with a Conservatorship proceeding, with a substituted judgment petition and a court order.  Yes, we can even prepare wills and trusts after capacity is lost, with a court order.  Our Alzheimer's attorneys are legal professionals here to assist you and your family in Los Angeles.

Mina Sirkin is a dementia attorney, Certified Specialist Attorney in Probate, Estate Planning, and Trust Law in California helping families in Los Angeles Ca.   With over 22 years of experience, we can advise you on how to legally prepare for dementia step-by-step.   Los Angeles Conservatorship Attorney and to Dementia & Elder Law Attorneys Los Angeles.  Call us at 818.340.4479 0r 800.300.9977. Call and talk to our attorneys about Alzheimer's and dementia in Los Angeles and Glendale.  Schedule a call or a virtual online appointment here.  

 

 

 

Glendale Conservatorships

Glendale California 

Pasadena Conservatorship

Pasadena Conservatorship Attorney

Los Angeles Probate Lawyer

What Are the Best Litigation Resolution Tools for Trustees in Los Angeles California?

Skilled trust counsel can provide the best estate and trust litigation resolution and settlement tools for trustees in Los Angeles County California and those tools are in fact very simple in nature.   In essence, inheritance law trust settlement tools allow for communication with the beneficiary or heir which opens the door for settlements.

Taking the time to offer the simple settlement tools in trust and probate cases is well worth it, as it may save you lots of money in litigation.  Management of trustee and beneficiary disputes and their resolution involve many factors.    Just as beneficiaries are given the ability and many tools which protect them against malfeasance by trustees, so have the trustees who sometimes deal with unreasonable beneficiaries.  ADR or alternative dispute resolution works quite well in the trust litigation arena.

California fiduciaries are held to a standard of care.   Trust documents often describe the standard of care of the trustee, but where they fail to specify the care, California law states that the trustee is held to a reasonable trustee standard.   A very detailed look at the standard of care described in the trust can eliminate most issues in litigation. Many times, the trust states that the trustee is not liable for damages unless the loss has resulted from gross negligence. Gross negligence is not the same as negligence.

At the same time, where the trustee has special skills, the courts can expect the trustee to use his special skills in managing the assets of the trust.   Trustees who invest the trust's assets are held to a prudent person (Prudent Investor Rule) standard in California unless the trust specifically relieves them of that specific standard.

For example, the trust may specify that the trustee may hold a property vacant for a period of time after the death of the settlor.  

Litigation can occur where the parent has left no specific instructions before death and one child lives in the property of the parent and refuses to pay rent.

Managing expectations of the beneficiaries where one child may live in the property of the parent can be a simple task, if done when the parent is alive and competent.   For example, the trust instrument may allow any beneficiary to live in the property for a specific period of time after death of the settlor rent-free, or at a low rent.

What can a Los Angeles trustee do to manage potential disputes among a successor trustee and beneficiaries?

1.   Give Notice of Proposed Action.   For example, a trustee who seeks to charge a beneficiary rent during the period of administration, but before distribution should give Notice of Proposed Action to determine the level of potential disputes.

2.   Give Notice of Proposed INACTION.   California law allows a trustee to give Notice of Inaction where the trustee seeks not to take action on a particular issue.   For example, this can mean that even though the beneficiary may expect the trustee to rent the house, the trustee will not be renting it, because the cost of bringing it up to rent standards is too high.

3.   Seek pre-litigation mediation.    Trustees and beneficiaries who may not agree on certain issues, such as sales price, sale date and distribution date can often prevent future disputes when parties realize the cost of litigation and want to act timely to prevent harm in a declining market. There are many times in a declining market where the beneficiaries do not recognize market value as a result of a failure in communication and an early agreement regarding sales price and sales timing.

4.   Obtain instructions from the court.   A Petition for instructions is sometimes the best remedy for preventing litigation.  Before a trustee takes action, he or she can seek instructions from the court.    This can be an especially useful tool where the trustee expects disputes regarding the manner of distribution or trustee's compensation.

5.   Present a settlement agreement early.   Early mediation and early settlement offers resolve cases. Settlement agreements which involve specific actions of the trustee can be drafted quickly and prevent future inheritance law disputes on single issue disputes.  Once entered, the trustee and beneficiaries can limit the scope of the settlement, but agree on its enforcement and admissibility in the event there is a future disagreement on that issue.   A settlement agreement can be presented before mediation or during mediation and often protects all parties from significant legal fees which can be expended during litigation.

Mina N. Sirkin is a Trust and Estate Litigation Attorney in Los Angeles, California.   Ms. Sirkin is a Board Certified Specialist Attorney in Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California.   For consultation appointments about settling probate and trust cases or litigation prevention in trust and estates, call Karen Reyes at 818-340-4479.   http://SirkinLaw.com/attorneys.html  

Mina N. Sirkin, Specialist in Trust and Probate

Law in Los Angeles Ca

Call: 818.340.4479

Email: [email protected]

"We help our clients negotiate and settle estate inheritance law cases in Los Angeles California."

How to submit and admit a lost will to the Probate Court in Los Angeles California? Woodland Hills Lawyer Explains

Submitting and admitting a lost will to the probate court in Los Angeles County, California has challenges.   The first challenge is the presumption of destruction, if the will was lost and it was in possession of the testator who was competent until death.

PROBATE CODE 6124:  "If the testator's will was last in the testator's possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator's death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption is a presumption affecting the burden of producing evidence."

Relatives of the decedent may have some evidence to rebut or overcome the presumption of destruction of the will.   Attorneys used to keep duplicate originals of wills so that there would never be a lost will.   As the practice of law has changed, there are greater challenges in admitting wills which may have been lost.

Another key piece of evidence is whether the original of the will was actually in the possession of the decedent at the time of death.   We explore facts which may allow us to rebut that evidence, to allow us to admit a copy of the lost will.

A second hurdle to admission is whether or not decedent was competent until his or her death.   Again, the court will hear evidence of competency of the decedent, because, if the will was executed many years ago, and decedent had become incompetent only at death, he may have misplaced it, and not remembered to tell someone about the location of the old deed.

If you have a situation where you have a copy of the will, but not the original, but must probate the decedent's estate, please contact Woodland Hills Probate Attorney, Mina Sirkin at 818.340.4479 or email [email protected] for more information about admission of lost wills in Los Angeles County California,

 

 

Mina N. Sirkin, Probate Attorney handling Will Contests

Los Angeles California

818.340.4479 

Talk to attorneys about Will Contests in Los Angeles California.

 

What is the most efficient way of transferring wealth after death? Los Angeles California

Mina Sirkin, Los Angeles Probate Lawyer, gives guidance and a roadmap to clients regarding probate guidelines, or probate steps in California and the most efficient method of transferring wealth after death of a loved one in Los Angeles.

Transfer of a deceased person's assets can occur in several different manners and has many steps:  1) By Probate Administration in court which has many probate steps; 2) By Trust Administration; or 3) By passing by Contract/joint tenancy or Beneficiary Designation. Each method has different guidelines and rules.  The last two methods are the most efficient ways of transferring assets of a deceased person.

Probate is a court proceeding that is set up to insures that notice is given to the appropriate heirs, family members, and that 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.   Intestacy is the the default way California distributes the assets of a person who died without a will.

How long does it take for probate in California? Probate is a time-consuming process and in most cases can be avoided, if there is a living trust.   A nice probate in California can take about a year.   If there is any litigation involved in probate, it may take two years or longer to settle the estate.

A shorter way to distribute the assets of a decedent, would be if he/she had a 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.   In trusts as well, 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 County, California.  818-340-4479. http://www.SirkinLaw.com/attorneys.html.

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Sirkin Law Group's probate attorneys and lawyer regularly serve the following cities and areas in Los Angeles County, Ventura County, Orange County, Santa Barbara County. San Fernando Valley; Bell Canyon,Woodland Hills Calabasas Conservatorship & Elder Law, Complex Conservatorships, Complex Estates, Contested Conservatorship Litigation Woodland Hills & Los angeles,  Hidden Hills, Elder Law Woodland Hills, Conservatorship Woodland Hills,  West Hills, Los Angeles, Glendale, ProbateAttorneyLosAngeles, LosAngelesProbateAttorney, Calabasas, Woodland Hills Elder Law, Agoura, San Marino, Altadena, Eagle Rock, Alhambra, Downtown Los Angeles, Van Nuys, Pasadena, Studio City, West Los Angeles, Beverly Hills, Burbank, LosAngeles, Encino, Tarzana, Woodland Hills, Reseda, North Hills, Sunland, Studio City, Universal City, North Hollywood, Sylmar, Northridge, North Hills, Granada Hills, Pocoima, Simi Valley, Canoga Park, Woodland Hills Conservatorship Attorney, East Los Angeles, Woodland Hills Elder Law Attorney,  West Hollywood, West Los Angeles, Chatsworth, Santa Monica, Culver City, Los Angeles, Woodland Hills Elder Law, West Hollywood, Anaheim, Playa Del Rey,, Marina Del Rey, Conservatorship, Woodland Hills, Venice, Santa Monica, Malibu, Culver City, Elder Law Conservatorship Woodland Hills Calabasas, Manhattan Beach, Hermosa Beach, Redondo Beach, Los Angeles California, Trust Litigation La County, Torrance, Pacific Palisades, LosAngelesProbate, Pasadena, Glendale, Burbank, Long Beach, Newport Beach, Costa Mesa,Irvine, Laguna, Laguna Hills, Laguna Niguel, Newport Beach, Tustin, Fullerton, Los Angeles, Santa Ana, Los Angeles and Santa Barbara. Westlake Village, Thousand Oaks, Sherman Oaks, Studio City.   Practice areas: Los Angeles Probate Attorney, Probate Attorney Los Angeles, CA Probate Law, Probate Litigation Los Angeles, Trust Litigation Los Angeles, Probate Lawyer Los Angeles. Probate, Trust, Conservatorship, Special Needs Trusts, Los Angeles Conservatorship Attorney, Estate Planning, Conservatorship Litigation, Trust Litigation, and Probate Litigation areas. Los Angeles Probate Lawyer & Probate Attorney Los Angeles