Sirkin Law Trust Estate Probate Litigation Attorney

When Should I Get Limited Powers in a California Probate Case? San Fernando Valley Probate

In a California Probate case, there are many time where having limited powers may be useful.

Here are some examples of why limited powers may be used:

1. If you cannot get bonded for the full amount of the value of the property, limited powers are necessary.   This ensures that the real estate sale goes through court confirmation and that at the confirmation sale hearing, the judge can order the proceeds to a blocked account.
2. If you want to initially minimize the amount of the bond, but still want the power to sell, limited powers are useful.
3. Same is true of other types of real estate transactions in probate.

To discuss real estate sales in California probate, call Mina Sirkin, San Fernando Valley, California Probate Lawyer at 818.340.4479.  We are here to answer all of your probate questions about bonds and real estate sales.  Our office is located in Los Angeles County, Woodland Hills Ca.

Talk to us about when you should get limited powers in a California probate case.

Do you Have Questions About Wills Trusts & Probate in Los Angeles? San Fernando Valley

Frequently Asked Questions about Wills, Trusts & Probate

• By: Mina N. Sirkin
• Certified Specialist Estate Planning Lawyer Los Angeles
• Sirkin Law Group, P.C.
• 21550 Oxnard St. #300
• Woodland Hills, CA 91367
• 818-340-4479
• Email: [email protected]
• http://LosAngelesProbateLawyer.com

What happens if you die without a will?

• In California, if you die without a will, you are said to have died intestate.
• California has a set of default rules for who gets the estate if there is no will.
• Generally, as to community property, the surviving spouse gets 100% of the community property if there is no will in California.
• As to separate property, the children and spouse share it depending on whether there are any children, and the number of children.

The Default Estate- No will

Community Property: 100% to Spouse, or  Registered Domestic Partner, if any.

Separate Property:

If there are no children, the spouse (Domestic Partner) gets it.

If there are children, ½ to spouse, and ½ if only one child. If more than one child, then 1/3 to spouse and 2/3 split among the children.

What is the Cost of Probate Administration in Los Angeles

• Generally, there are several categories of fees and costs.
• Statutory Fees and for Personal Representative and for the Attorney for the Personal Representative
• Extra-ordinary Fees for Personal Representative and his/her lawyer.
• Bond (if not waived)
• Filing Fees for Petitions
• Probate Referee’s Appraisal Fees
• Miscellaneous Costs of Letters and Certified Orders
• Translation of California Statutory Fees

Estate Size            Statutory Fees for Each Personal

                                  Representative and his/her attorney

$100,000              $4,000

$200,000              $7,000 

$500,000             $13,000

$800,000            $19,000

$1,000,000        $23,000

$2,000,000       $33,000 

$3,000,000      $43,000

How long does it take to close a probate estate in Los Angeles?

• A nice probate without any litigation in Los Angeles can take about a year.
• Most cases take somewhere between 1-2 years to complete.
• Complications can happen when there are undiscovered assets or assets which have escheated to the State of California or other states.
• What if there is not enough money to pay cash gifts in a will?
• Cash gifts usually get paid first before the residue.
• If there is no residue, and the cash gifts exceed the size of the estate, the cash gifts get reduced (called abated.

What happens if the deceased left more than one will?

• If the decedent left more than one will, generally, there is a presumption that the last one governs, unless:
• You can show there was fraud, duress, mistake, undue influence, or lack of capacity at the time of execution of the will.
• In that case, there will be a will contest and the court will set the case for a trial as to which will is valid.

What are the best ways to prevent
gold diggers from getting to your trust assets?

• Preventing undue influence can be effectuated by:
• Naming a Professional Fiduciary as Successor Trustee
• Setting up an automatic change in the trustee to a professional, once trustor reaches a particular age
• Creating an Exclusive Method of Revocation for the Trust.
• Creating an Exclusive Method of withdrawal and transfer of property from the Trust.

About Mina Sirkin, Los Angeles Probate Lawyer

• Mina N. Sirkin has been practicing probate law in Los Angeles County since 1992.
• Ms. Sirkin is a Board Certified Specialist in Probate, Estate Planning, and Trust Law in California.
• Frequent Media Expert on Estate and Conservatorship Cases in Los Angeles
• Appeared on CNN, CNBC, Inside Edition, RollingStone.com, KCET, NPR News

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

Estate & Trust Attorneys in San Fernando Valley California Probate Litigation

Estate & Trust Attorneys in San Fernando Valley California Probate Litigation

Sirkin & Sirkin, Estate & Trust Attorneys whose office is located in the San Fernando Valley advise clients regarding the California Probate Litigation procedures.   Our firm has been located in Woodland Hills, California since 1993 and is dedicated to the efficient resolution of probate and trust litigation matters.

Our Certified Specialist Attorney, Mina Sirkin, is a Los Angeles Probate Attorney, who is certified in Probate, Trust and Estate law.  We can assist you in determining the best avenue to protect your inheritance.   If you have been disinherited and seek to obtain your rights as a beneficiary or heir, we can guide you in fact finding to determine if there has been any undue influence or fraud by others.   If you need a San Fernando Valley Probate Attorney, you can count on us to provide you with superior service in this area.

When filing contested Estate & Trust matters in the San Fernando Valley, contact ourlawyers and Estate & Trust Attorneys in San Fernando Valley who are experts in California Probate Litigation. Estate & Trust Attorneys in San Fernando Valley California Probate Litigation Contact us at: 818-340-4479 or by email at [email protected].