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].

 

 

 

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 Administration and Litigation Lawyer, Los Angeles California

Trust Administration and Litigation Lawyer, Mina Sirkin advises clients regarding the most important aspects of estate planning and trust administration in preventing litigation in Los Angeles, California.

Some of the most important aspects of trust administration involve preventative actions by the trustee or successor trustee of a trust which reduce risks of litigation.   Many beneficiaries believe that their needs are not being addressed by the successor trustee.   Some of those needs are easily identified by the trustee by simply conducting a survey of the beneficiaries at the start of administration.

For example, a trustee who is in the process of trust administration, may want to ask the beneficiaries the following:

1.  Do you want the trustee to sell the trust property?

2.  What do you think is a reasonable price for the sale of the trust assets?

3.  What is your expectation of the time it takes to distribute the trust's assets?

4.   What is your expectation of the cost of administering the trust?

By conducting a survey, the trustee can gauge his or her actions in line with beneficiaries' expectations and avoid possible conflicts by early mediation or a vote of beneficiaries on issues which may result in conflict.

Mina N. Sirkin is a Trust Administration and Litigation Lawyer in Los Angeles, California.  She is Certified as a Specialist Lawyer in Trust Law, Probate and Estate Planning in Los Angeles, California. 818-340-4479.  [email protected]. http://www.SirkinLaw.com

 

 

 

 

 

 

Probate Estate Trust Litigation Attorneys San Fernando Valley Los Angeles County California

Probate Estate Trust Litigation Attorneys San Fernando Valley Los Angeles County California

Probate and Trust Litigation cases are notoriously emotional.  Typical cases can include siblings fighting for their rightful inheritance, to second spouses fighting children of a prior marriage for the right to community property in a trust or estate. 

Many cases resolve during mediation. However, there are many cases which result intrials.   As trial attorneys we are able to assist you in navigating the emotional waters of probate and trust litigation.

We advise our clients of the range of emotions expected in the matter, as well as the costs of trial.   Most beneficiaries rely on us to defuse some of the emotional battles common to probate and trust litigation cases.   We are trained in facilitating such cases in mediation, as well as litigating the matters which may result in better results for our clients.  Contact our Probate Attorney in Los Angeles for all of your probate and trust litigation needs.

Mina N. Sirkin is a Probate, Estate and Trust litigation attorney in San Fernando Valley and Los Angeles County, California.  Ms. Sirkin is a Certified Specialist attorney in Estate Planning, Probte and Trust Law by the State Bar of California. Call us at 818-340-4479 for an appointment. Probate Estate Trust Litigation Attorneys San Fernando Valley Los Angeles County California. [email protected].