Sirkin Law Trust Estate Probate Litigation Attorney

Probate Attorney Los Angeles | Sirkin Law Group Probate | Los Angeles County, Glendale, Woodland Hills

Probate Attorney Los Angeles | Sirkin Law Group Probate | Call 818.340.447

Some of you may wonder what the probate process is like in Los Angeles from an attorney's perspective.  

"The most important fact to know about probate is that Probate is a protective proceeding."

1.   The process insures that the court supervises the actions of an executor or administrator.  

2.  The Court overlooks the admission of wills and allows a forum for people to question authenticity of any will or codicil.  Sometimes, a will or codicil cannot be admitted, if it was the result of undue influence, fraud or lack of capacity of the decedent.   The probate process allows for relatives to voice their concerns and objections to a will or codicil via a will contest.

3.   It insures that creditors' rights are protected, via a bond.

4.   Probate provides a method of transfer of title to property of a decedent.

5.  It includes a timeline for an accounting for the executor or administrator, and a time for distribution of the assets of the estate.

How do you file probate in Los Angeles?

The process in Los Angeles begins with a Petition for Probate filed with the Central Court (Downtown). The petition requires that a notice be published in the local newspaper where the decedent resided.   The reason for the publication and notice requirements is to make sure that any relatives find out about the probate filing, have an opportunity to object, and that creditors can come forward to collect any money due them by the decedent.

Unless there is a will that waives bond, or the court at its discretion waives the bond, the Court requires that an administrator/ executor post a bond. Sometimes, administrators cannot get bonded due to bad creditor, or prior bankruptcies or other reasons.    If a bond is ordered but it it is not posted, the executor/ administrator cannot get appointed unless an alternative method is used.  Bond waivers are getting more rare in Los Angeles and require a personal appearance to request one.

The alternative to a bond is a blocked account, or appointment of another person, such as a private professional fiduciary, or a trust company as administrator.

What if you can't agree to an issue in probate?

While there are many times where there are disputes regarding actions of an executor or administrator, there are great opportunities for settlement of cases in probate via mediation.    The least expensive way of settling a probate dispute is by mediation.

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 Probate Offices are located in Los Angeles, Woodland Hills, Glendale and Pasadena. Probate Attorney Los Angeles  

Call: 818.340.4479. Los Angeles Probate Lawyer

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.   Probate Attorney Los Angeles.

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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.   Los Angeles Probate Lawyer

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 Attorneys

Los Angeles California Probate: We are experienced in filing Probate Petitions, and in interpreting nuances of the the California Probate Code. Whether an estate needs to be probated depends entirely on the nature and size of the decedent's assets. Providing guidance in estate and probate matters enables our firm to serve families of decedents by alleviating conflicts, and unburdening the family which would otherwise wade through a tremendous amount of paper in an area which requires daily contact with beneficiaries, and courts.

Our California Probate Attorney is routinely present in hearings in the following Los Angeles County Probate Court departments: Departments 5, 9 and 11 of Los Angeles Superior Court (Downtown); and Department NW A of the Superior Court in Van Nuys. Additionally, we are able to handle hearings in all Courts of the State of California.

 

Mina N. 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.  Ms. Sirkin practices in Los Angeles County, California.  Email: [email protected]. http://www.SirkinLaw.com.  Copyright 2008 Mina Sirkin.