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Probate Attorney in Woodland Hills Addresses Common Probate Administration Problems

Probate Attorney Woodland Hills | Sirkin Law Group Probate | Call 818.340.447

As a probate attorney in Woodland Hills, Sirkin Law's attorneys address common probate administration problems on a daily basis. Woodland Hills residents may wonder what the probate process is like in Los Angeles from an attorney's point of view. 

"The most important thing you need to remember about probate is that Probate is a protective proceeding."

1.   The probate process insures that the court supervises the actions of an executor or administrator in the administration of the estate.  

2.  The Probate judge also overlooks the admission of wills and allows a forum for people to question authenticity, or validity 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, and assigns deadlines for creditors to file a claim.

4.   Probate provides a method of transfer of title to property of a decedent.   The final order of the court distributing a property to a particular person, is the equivalent of a deed.

5.   Probate court assign 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 appointing an executor or administrator via by filing a Petition for Probate with the Central Court (Downtown). The petition requires that a notice be published in the local newspaper where the decedent resided.   The purpose 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 to file a claim 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 by the administrator or executor, to request one.

The alternatives to a bond are as follows: A blocked account, or appointment of another person, such as a private professional fiduciary, or a trust company as administrator.

Do you have disagreements regarding certain issues in probate?

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

Common Probate Problems in Woodland Hills:

Some common problems in probate are:

1.  Death without a will: Intestate succession rules.
2.  Death with a lost will.
3.  Post-Death Contests of the will;
4.  Pretermitted or omitted spouse share challenges;
5.  Disputes about community property transfers by the decedent.
6.  Disputes about whether a property is owned by the decedent or other third parties.   All of the above can delay probate and the distribution of the estate assets.   Call our probate attorney for help.

 

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.  Call: 818.340.4479.  http://WoodlandHillsProbate.com.  Ask us about Problems in Probate Administration in Woodland Hills.

 

Mina Sirkin, Probate Specialist Attorney

818.340.4479

[email protected]

What are the Differences in Probate Limited Powers v. Independent Powers in California?

What are the Differences in Probate Limited Powers v. Independent Powers in California?

In California, Limited Powers means that the executor or administrator must obtain court confirmation of a sale/loan/option or exchange of probate real property. On the other hand, an executor with independent powers can sell probate property, but must first give notice of proposed action and obtain consent from the beneficiaries or heirs, or there must not be an objection to the action after a reasonable time.  

The four types of transactions that require court approval when there is only limited powers are:

 

(1) Sale of real property.

(2) Exchange of real property.

(3) Grant of an option to purchase real property.

(4) Borrowing money with the loan secured by an encumbrance upon real property.

The most important part of a sale of probate property is that it must first be appraised, and it cannot sell for less than 90% of the appraised value.   The 90% rule can only be modified by a court order.

Mina N. Sirkin is a probate lawyer in Los Angeles, Ca, Certified by the Board of Legal Specializations as a Probate Lawyer Specialist.   Ms. Sirkin is an expert in California Probate, LosAngelesProbateLawyer.  To learn more about our probate services, contact us at 818.340.4479 or by email at: [email protected].

Call us at 818.340.4479 to find out more about the Differences in Probate Limited Powers v. Independent Powers in California.

Mina N. Sirkin, Estate

& Wealth Planning 

Attorney Los Angeles

Woodland Hills

How to handle the Decedent’s Creditors

How to handle the Decedent’s Creditors

Under California Probate law, one of the main duties of the executor of a probate estate is to notify the creditors of the decedent and to let them file probate creditor claims.   If you have been appointed as an executor of an estate or, as an administrator of an estate, you must gather all of decedent’s bills, and present them to your attorney who will then give them a Notice to Creditors.   There are strict timelines for creditors to file the creditor claim and serve it on the executor. If you can reasonably discovery a creditor, you should notify them of the death and notify your attorney that a creditor exists.  

In practical terms, make a folder with all of the estate's bills.   Have a running list in the front.   Check each creditor who files a claim in court.  Discuss with your attorney whether a particular creditor claim should be accepted or rejected, and the deadlines for the creditors to file.   Also discuss the ramification of rejecting the creditors, which may result in suits by the creditor to collect the claim.

California Probate Lawyer, Mina N. Sirkin is a Probate Attorney serving Los Angeles who has been licensed to practice law in California since 1992.  Ms. Sirkin is Board Certified as a specialist in probate in California.   You obtain help with probate estate creditor issues by contacting us by Email: [email protected] or by Telephone at 818.340.4479.

How to gather probate estate assets, inventory and appraise them

How to gather probate estate assets, inventory and appraise them

Executors and administrators in California have to gather, marshal, inventory and appraise the probate estate assets as soon as they are appointed.  

What does marshaling mean? It technically means taking possession of the asset in the name of the estate.   For example, decedent's bank accounts have to be changed to the name of the named estate, as follows: Johnny Executor Doe, Executor of the Estate of Jim Decedent Doe.

California Probate law requires that within 120 days after the issuance of Letters (authority to act), that the executor must take possession and inventory the assets. The inventory is then filed with the court using a form, and before it is filed, the court’s appraiser, called a probate referee, must appraise them.   Estate Bank accounts are appraised by the executor, but most other assets are appraised by the referee.   Assets such as stock certificates, bonds, and real estate all must be appraised as of the date of death.   Failing to do this timely can result in removal of the executor or administrator.

What Items to take to the Bank to collect a Decedent's bank accounts, and to open an estate bank account?

Most banks will ask executors and administrators to bring with them several items:  1) Certified Court Letters; 2) Certified Probate Order; 3) A Certified Death Certificate of the Decedent; and 4) An EIN Tax number for the estate.  If you miss taking even one of the items above, the bank may not assist you, so it is best to spend the time to have all of those items with you when you go to the bank. We can assist executors and administrators in obtaining the right papers for banks.

Mina N. Sirkin is a Probate Attorney serving Los Angeles, who is licensed to practice law in California since 1992.  Ms. Sirkin is Board Certified as a specialist in probate in California.   You can reach us by Email at:  [email protected] or by Telephone at 818.340.4479.

Prince's Probate Estate inventory

Prince's Probate Estate inventory

Prince died without a will.  His estate was recently inventoried.   Read about it here:

http://www.cnbc.com/2017/01/07/report-prince-left-behind-25-million-in-real-estate-a-cash-horde-and-67-gold-bars.html

If you want to direct how your assets will be distributed at your death, you must act to create a will.   This effectuates a set of instructions to the court to follow your wishes.

Mina Sirkin is a Probate Attorney in Los Angeles.   Ms. Sirkin is often quoted as a media expert regarding probate matters.

She can be reached at 818.340.4479 or by Email at [email protected].