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

Probate Litigation Attorneys Los Angeles Sirkin Law

How Probate Litigation Attorneys in Los Angeles deal with Pretermitted Spouse and Child Cases?

Many times, Probate litigation attorneys in Los Angeles have to handle omitted (pretermitted) spouse and pretermitted child matters.    An omitted spouse is usually a person who marries the testator after creating a Will or Trust, while the pretermitted child or omitted child is the one who was born to or adopted by the testator, after writing a Will or trust.    

Omitting to mention a spouse or a child, can result in the mentioned beneficiaries having to share their estate/trust distribution with the pretermitted spouse or the child or both, despite the omission.

So, in essence, an omission is not an omission unless intentionally stated so in the will or trust.

Pretermitted spouse

Except for certain exceptional conditions, the omitted spouse is entitled to get one half of the estate property, quasi-community property and also a share in the separate property.

Pretermitted child

The child, either born to or adopted by the testator, is entitled to get a share from the estate of the decedent, even if the testator has failed to provide by trust or will, according to Prob C 21620.

Los Angeles Probate Lawyer

Exceptions:

• The testator did not have intention to allot a share for the child and that intention is registered on the will according to Prob C 21621 (a)
• If the testator had children or child while the will was written and devised almost all the estate to the other parent of the pretermitted child, (according to Prob C 21621(b))
• If the testator offered other provisions instead of testamentary gifts – shown by the statements of the testator or amount of transfer or through any other evidence (according to Prob C 21621 (c))

In short, if you write a will or trust before marriage or before getting an additional child or children, make sure not to ignore the pretermitted spouse or pretermitted child.  If you overlook and omit a spouse or child without stating so in your will or trust, the Probate litigation attorneys in Los Angeles may alter your will or estate plan or trust against your wishes. 

Probate Litigation Attorney Los Angeles: Contact Mina Sirkin at 818.340.4479

 

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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Trust Litigation Los Angeles San Fernando Elder Law Attorneys

Trust Litigation Los Angeles San Fernando Elder Law Attorneys

Litigating Trust matters and Elder Law often mix.  Our Los Angeles trust litigation attorneys in San Fernando Valley and Los Angeles offices can advise you you in the following areas:

1.  Determination of validity of a any trust or estate instrument prepared by an elderly.

2.  Obtaining trust and estate beneficiary's rights in elder law and trust litigation matters.

3.   Mediation and Litigation of disputes between beneficiaries competing for the same interest in the trust or estate.

4.  Spousal interests in life insurance, IRA and other non-probate matters.

5.  Obtaining trust documents and compelling an accounting by a trustee.

6.    Elder Law and Financial Abuse litigation involving a person over 65 years of age.

Ask our San Fernando Valley Trust Litigation Attorneys to advise you of your rights in collecting your full inheritance.   San Fernando Valley Ca Trust Litigation Lawyers, Sirkin & Sirkin can help you in litigating your trust matters.

Mina Sirkin is a Trust Litigation Attorney in our Los Angeles, San Fernando Valley, Woodland Hills Ca offices.  Our Woodland Hills / San Fernando Valley lawyers and attorneys serve all Los Angeles County probate courts.  Ms. Sirkin is a California Certified Specialist Attorney in Probate, Estate Planning and Trust Law by the State Bar of California and an expert elder law attorney.  Call us at 818-340-4479.