Sirkin Law Trust Estate Probate Litigation Attorney

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."

Protection of Second Wives against Children of the First Marriage in Trusts

Wills Trusts Estate Litigation

Trust and estate Protection of Second Wives against Children of the First Marriage is one of the most common themes in trust and estate litigation in Los Angeles, as well as in estate planning.   Our trust attorneys are frequently asked to assess what assets would go to the second (or third) wife, and what assets will be distributed to the children of prior marriages.

Control v. Distribution:

In some cases, the disputes revolve around who has control.  In other cases, trust disputes focus on who will be in control of the distribution, and when the distribution will happen.   When a spouse becomes incapacitated, the focus is initially on control, but it soon changes to distribution.   Control of assets either under a power of attorney, or in a conservatorship can ultimately determine who gets the assets.

Clarity regarding Timing and Manner of Trust Distributions:

When preparing an estate plan for couples with prior marriages, one of the main questions is when will the distribution to the children from the first marriage occur.   Safeguards can be placed to protect the second wife, as well as the children to insure that the distribution plan cannot be thwarted by anyone.    At times, we use professional fiduciaries to manage the distribution to avoid conflicts between the second wife, and the children.

What if your spouse tried to name someone else as a beneficiary of a community property life insurance or annuity?

If your spouse has named someone else as a beneficiary of a life insurance, annuity or an IRA, without your written consent, you may set aside your 1/2 right in that asset and reverse the beneficiary designation as to one half.   Call us to discuss how we can help you.

Mina Sirkin is a Certified Specialist Trust Litigation attorney , and and expert Estate Planning Lawyer in Los Angeles.   Appointments can be made by calling Karen Reyes, at 818.340.4479 or by email: [email protected].

 

 

 

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

Professional Fiduciary, Teresa Laggner: License status: REVOKED

Professional Fiduciary, Teresa Laggner's License is revoked.   Teresa Laggner, professional fiduciary in San Diego was convicted earlier this month.   Her fiduciary license was revoked by the State of California.

See full Default and Order document here:  http://www.fiduciary.ca.gov/public/pf-182_2011_07_06_rev.pdf

See also post about Teresa Laggner's criminal conviction and sentencing:

http://familywealthlawyers.typepad.com/my_weblog/2011/09/professional-fiduciary-teresa-laggner-sentenced-to-jail.html

See status of her license revocation here:

http://www2.dca.ca.gov/pls/wllpub/WLLQRYNA$LCEV2.QueryView?P_LICENSE_NUMBER=182&P_LTE_ID=1141