Sirkin Law Trust Estate Probate Litigation Attorney

How to submit and admit a lost will to the Probate Court in Los Angeles California? Woodland Hills Lawyer Explains

Submitting and admitting a lost will to the probate court in Los Angeles County, California has challenges.   The first challenge is the presumption of destruction, if the will was lost and it was in possession of the testator who was competent until death.

PROBATE CODE 6124:  "If the testator's will was last in the testator's possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator's death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption is a presumption affecting the burden of producing evidence."

Relatives of the decedent may have some evidence to rebut or overcome the presumption of destruction of the will.   Attorneys used to keep duplicate originals of wills so that there would never be a lost will.   As the practice of law has changed, there are greater challenges in admitting wills which may have been lost.

Another key piece of evidence is whether the original of the will was actually in the possession of the decedent at the time of death.   We explore facts which may allow us to rebut that evidence, to allow us to admit a copy of the lost will.

A second hurdle to admission is whether or not decedent was competent until his or her death.   Again, the court will hear evidence of competency of the decedent, because, if the will was executed many years ago, and decedent had become incompetent only at death, he may have misplaced it, and not remembered to tell someone about the location of the old deed.

If you have a situation where you have a copy of the will, but not the original, but must probate the decedent's estate, please contact Woodland Hills Probate Attorney, Mina Sirkin at 818.340.4479 or email [email protected] for more information about admission of lost wills in Los Angeles County California,

 

 

Mina N. Sirkin, Probate Attorney handling Will Contests

Los Angeles California

818.340.4479 

Talk to attorneys about Will Contests in Los Angeles California.

 

Attorneys for Families with Alzheimers Dementia CA | Conservatorship | Los Angeles Attorney & Lawyer

Attorneys for Families with Alzheimers Dementia | Los Angeles Attorney | Sirkin Law Group  Wills Trusts Estates | 818.340.4479 | Glendale Pasadena Woodland Hills| Conservatorship

When preparing families with Alzheimer's Dementia, we focus on implementing goals and small steps to protect the person with dementia.   Our attorney in Pasadena and Glendale has over 22 years of experience putting a protective plan together for families like yours.  Attorneys at Sirkin Law Group have a philosophy of preventative legal care.    We do not just manage alzheimer's dementia, we legally prepare for it.

How do you prepare for a person with dementia or alzheimer's disease?

1.  Ask whether any of your parents or other family members have had dementia, Alzheimers or Parkinson's disease ?   

2.   Unfocus from the disease itself and focus on small goals.

3.   If any member of your family has had dementia, Alzheimer's or Parkinson's disease, then you must put in place a series of legal documents to protect yourself and your family.

4.   The legal documents we recommend to our clients with a family history of dementia is as follows:

A.   A Living Trust

B.   A Will

C.   Durable Power of Attorney for Asset Management.

D.   Advanced Health care Directive OR a Durable Power of Attorney for Health Care and Hipaa authorizations.

E.   A complete inventory of assets updated yearly.  

F.   A legal transfer document allowing transfers of appropriate assets to the trust.

If you have a family member who has already been diagnosed with dementia, it is not too late to put together protective documents, if a physician can certify the capacity of the person with dementia.

Even when a person loses mental capacity, it is still not too late, even if no legal documents are in already in place, because we can still prepare for dementia, with a Conservatorship proceeding, with a substituted judgment petition and a court order.  Yes, we can even prepare wills and trusts after capacity is lost, with a court order.

Mina Sirkin is a dementia attorney, Certified Specialist Attorney in Probate, Estate Planning, and Trust Law in California helping families in Glendale and Pasadena Ca.   With over 22 years of experience, we can advise you on how to legally prepare for dementia step-by-step.   Los Angeles Conservatorship Attorney and to Dementia & Elder Law Attorneys Los Angeles.  Call us at 818.340.4479 0r 800.300.9977 in Los Angeles and Glendale.  

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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