Sirkin Law Trust Estate Probate Litigation Attorney

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].

 

 

 

Trust and Estate Litigation Los Angeles California, Probate Litigation

California Trust and estate litigation cases can become fairly complex.   Many involve both probate and trust cases which can be tried separately or together.   There may be many overlapping litigation issues in each case.   

Contested accounting matters involving fiduciaries who have acted negligently or obsconded with the trust or estate funds often lead to mediation and resolution of those issues. 

Having an expert in elder law who is familiar with fiduciary obligations specified in California law can help resolve disputes in the most efficient manner.  The scope of the authority of a trustee is well defined in California law, and where there are doubts about the powers of the trusts, a petition for instructions can clarify the rights and duties of a trustee or executor.

To make an appointment with Mina Sirkin, Trust and Estate Litigation Lawyer, call 818-340-4479.   Our West Los Angeles Office serves West Los Angeles, Santa Monica, Culver City, Venice and Marina Del Rey.  See us at http://SirkinLaw.com/attorneys.html. 

 

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.