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Los
Angeles Probate Attorney 818-340-4479
San
Fernando Valley, Woodland Hills
Southern
California Lawyers:
800-300-9977
Los Angeles Probate Lawyer
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Probate Lawyer
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here To email us:
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Woodland
Hills, California.
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Us:MSirkin@SirkinLaw.com
TESTIMONIALS:
“Mina Sirkin handled the estate of my
brother. This was most difficult since my brother lived in Venice
California and I live in Yardley, Pennsylvania. From the out set
Mina Sirkin provided me with all the information I needed to
understand the legal aspects as well as my obligations. All
matters throughout the probate process were handled very
professionally, yet with care and concern for me the client. Most
outstanding was the very efficient and effective way the legal
problems and issues were handled, always with a very positive
outcome for me the client. I am most appreciative that the entire
probate process was handled without the need for me to make a
trip to California.
What particularly distinguishes the
services I received from the Sirkin law firm was the expert
advice I received in a timely manner on all the numerous related
details that I needed to attend to to settle the estate. They
were honorable in all their dealings, and most importantly in
their billing.
I would certainly use the services of the
Sirkin law firm in the future and have no hesitation in
recommending their services to relatives, friends and
acquaintances.” Herb. S.
Los Angeles Probate Lawyers; Los Angeles Estate Planning,
Wills and Trusts; Elder Law
“I have known Mina Sirkin for seven
years. Mina is a life long learner, who puts the time and effort
into staying on top of current events for estate law. This type
of approach is very important for navigating the current times we
are in; massive volatility in finances with commensurate changes
in estate valuations which is coupled with unknown estate tax
laws driven by the recent changes in government. You need someone
who can help you address this uncertainty, rather than use a
business-as-usual approach." Brad
W.
Our
Los Angeles probate attorney team can help you administer
California Probate and Living Trust Estates in accordance with
California Probate Law and the California Probate Code. We
practice in all California Probate courts.
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Formation: Corporations, Partnerships, Family Limited
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Offices of Sirkin & Sirkin, was formed as a Los Angeles,
California probate, trust and estate planning law firm in 1993,
and has since been committed to providing Probate, Trust and
Estates services in all Los Angeles, California courts. Probate
law is our expertise. Our probate attorneys are experts in
California probate and trust litigation and non-litigation
matters.
Ask our Los Angeles Probate Lawyer
to help you with your probate case. Our expert Los Angeles Trust
Attorney, and our California Trust Lawyer and Probate Attorney
are ready to assist you with planning your estate and providing
you with a life-time of service in connection with protection of
your estate and living trust. We are readily familiar with
California Laws and can advise you regarding Probate law in
California. Our goal is to provide you and your family with peace
of mind in knowing your estate plan and family wealth is
protected and will be distributed to your heirs and beneficiaries
in accordance with your wishes. Probate Law
Lawyers.
Our Los Angeles Trust Lawyer can
provide pertinent advice in determining the right estate planning
tools for your family. Our California Probate lawyer serves all
of Los Angeles County Probate Courts, as well as several other
counties in California. Our main office is located in Woodland
Hills, California, which serves all of Los Angeles, and the San
Fernando Valley. We have several locations in Los Angeles.
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& Probate Accounting Actions
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Mina N. Sirkin is a Board
Certified Specialist attorney in the areas of Estate Planning,
Probate and Trust Law by the State Bar of California Board of
Legal Specialization.
Call to meet our California
Probate Lawyer today.
Evan R. Sirkin is an
experienced Estate Planning, and Trust Lawyer. Mr. Sirkin
mediates Probate and Trust matters, and has served as a probate
and trust mediator for 20 years.
Marilyn Mamann (1946-2010).
We are members of the Trust and
Estates Section of the State Bar of California, the American Bar
Association, the Trusts and Estates Section of the Los Angeles
County Bar Association, Trusts & Estates Section of the
Beverly Hills Bar Association, and the San Fernando Valley Bar
Association.
Los
Angeles Probate Lawyer:
Our Los Angeles Probate Lawyers are experienced in filing Probate
Petitions, and in interpreting nuances of the the California
Probate law. Whether an estate needs to be probated depends
entirely on the nature and size of the decedent's assets. Ask our
California Probate Lawyers about your particular situation.
Providing guidance in estate and probate matters enables our firm
to serve families of decedents by alleviating conflicts, and
unburdening the family which would otherwise wade through a
tremendous amount of paper in an area which requires daily
contact with beneficiaries, and courts. Click
here to request a Probate Fee Schedule.
Los Angeles Probate Attorney
Los
Angeles Probate Lawyers
Los Angeles Probate Attorney, Mina
Sirkin is routinely present in hearings in the following Los
Angeles County Probate Court departments: Departments 5, 9 and 11
of Los Angeles Superior Court (Downtown); and Department NW A of
the Superior Court in Van Nuys. Additionally, we are able to
handle hearings in all Courts of the State of California.
Each local probate court in Los
Angeles also has numerous local rules within the County. We can
assist you in filing your probate matter in the right court for
your particular case.
If you are unsure where to file,
what document you should file, and when you are faced with
objections presented in a probate case, we are your resource and
can advise you facts and law which can change the course of your
case.
Our ordinary
probate fees are calculated based on the California Statutory
Fees laws. Click
here to ask us about our probate retainer process.
California
Probate Lawyers:
While
California Probate laws are intended to be uniform, each county
in California also has local probate rules and are generally
intended to protect beneficiaries. Local probate rules can differ
from county to county within California. We are familiar with the
local probate rules and can assist you in your case in all
California counties. in
Los Angeles, Ca.
Valley
Estate Planning Lawyers Valley Estate Planning Lawyers
Los
Angeles Estate Planning and Trust Lawyers: Creation
and administration of living trusts (Revocable Trusts) has become
a very important aspect of the practice of estate planning, as
the courts in California are not equipped with the time resources
for the generation of baby boomers which are approaching their
later years. Creating your family trust takes a few simple steps
and can preserve and protect your assets for your loved ones. Our
Trust and Probate Law Lawyers in Los Angeles advise you based on
your family and life goals.
Our firm philosophy is based on
four life goals for our clients:
1. Form a Family Trust (Revocable
Trust);
2. Fund your Family Trust; in
Los Angeles Ca.
3. Keep your Family Trust updated.
Have
the Successor Trustee distribute the Family Trust assets without
Probate.
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We
have an unsurpassed system which helps you with the above. When
you plan your estate with our office, we track your goals and
keep you up to date with the latest laws affecting your trust and
estate plan. Ask us about our LegalCheckUpPlan®.
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A
Living Trust can help by allowing the family to privately
administer and distribute the assets of the decedent in the most
economic and time efficient manner. The process of creating a
trust generally takes two appointments, a small effort to avoid
the process of probate. To request a family information package
which lists the documents which you need to create a California
Living Trust, click this link and we will be happy to email or
mail you our family information package. Our Los Angeles Trust
Attorney handles estate planning and trust administration
matters. Our Living Trust Lawyers can assist you in protecting
your family and your loved ones from the expenses of Probate.
Call our law office for more information and ask for an
appointment with our Wealth Protection Lawyers. Click
here to request a Free Family Trust Information Kit here.
We are also able to review old
trusts prepared by other law firms and bring them up-to-date or
amend them. Please let us know in advance if you have an existing
trust which needs a review. As long as a trust is revocable, it
can be amended and updated.
Normally, the family trust
provides for the method of revocation or amendment to the trust.
These requirements have to be met exactly for the amendment to be
effective.
Click
here to ask us about creating or updating a family trust.
Los Angeles Estate Planning and
Trust Administration and Settlement: Los
Angeles Lawyers.
While many firms prepare living
trusts, there are few which administer and settle living trusts.
Trust administration after death is as important, if not more
important, than the creation of the trust. Many small details can
derail the proper distribution of the trust assets and we are
equipped to handle the administration as well as the creation of
trusts with ease and expertise. We are here for you during life
and maintain a life-long relationship with you and your family.
Our Wealth Protection Lawyers can assist your heirs in continuous
protection of your hard-earned wealth. Our Los Angeles Trust
Administration Lawyers have represented four generations of
clients in wealth planning and can provide help during a very
difficult time.
Click
here to obtain information on administering a trust after death
of a trustor.
California Probate, Will
Contests, Trust and Estate Litigation: Often, beneficiaries
and estate administrators or trustees do not agree on the manner
of distribution of estates. Litigation in the Trust and Probate
areas is complicated by the duality of the probate and trust
proceedings. We litigate both in the trust and probate areas and
settle matters appropriately. Los Angeles Probate Courts are now
ordering parties to enter the mediation process in order to
streamline and assist parties in settling the matters which
affect families of decedents. Our California Trust Lawyer can
assist you in planning your case. Effective preparation of a will
contest case for trial is a necessary element of a successful
mediation. Serving our client means a committed review of all
facts and the probate and trust laws and advising our clients of
the manner in which the case can be most effectively handled.
Click
here if you need information on how to retain us as your trust
litigation counsel.
Beneficiary Disputes:
Some examples of beneficiary
disputes may be where a beneficiary has a disagreement with
another potential beneficiary over what asset should be in the
probate estate or trust estate. Others involve designations of
beneficiaries when the principal lacked capacity or was unduly
influenced to execute beneficiary designation forms after an
illness.
If a beneficiary form has been
altered, there may be multiple causes of action arising from such
an action. It becomes extremely important to seek counsel
immediately upon discovery of such an event to allow for filing
of an action to freeze the beneficiary account or policies which
would otherwise be distributed by law. Will contests and trust
contests are common litigation tools in this area.
At times, there may be disputes
between a beneficiary and a successor trustee or executor where
the trustee fails to make timely distributions before or after an
accounting.
Click
here if you need information on a beneficiary form dispute case.
Trust & Probate Accounting
Actions:
Has a trustee or probate executor
failed to give you an accounting? We can ask the court for a
petition ordering the executor or trustee to account. Statute of
Limitations for breaches of fiduciary duty are short and require
immediate action by beneficiaries to obtain accountings.
Accounting actions may arise in of
the following areas:
1. When a Probate Executor or
Administrator fails to account.
2. When a Probate Executor or
Administrator accounts but the accounting is objectionable
because it is incomplete and/or inaccurate.
3. When a trustee fails to
account.
4. When a trustee accounts but the
accounting is objectionable because it is incomplete and/ or
inaccurate..
5. When an agent under a power of
attorney document fails to account.
6. When an agent under a power of
attorney accounts, but the accounting is incomplete or is
inaccurate.
7. When a guardian of estate fails
to account.
8. When a guardian of estate
accounts but the accounting is objectionable because it is
incomplete and/or inaccurate.
9. When you believe there is an
asset which the fiduciary had to inventory and account for and
has failed to show that asset on an accounting.
Click
here to receive more information on Accounting Actions.
Breach of Fiduciary Litigation:
We represent beneficiaries in contested accounting matters where
there are questionable actions taken by a trustee, executor or
administrator. Our goal is to assist our clients with recovery of
estate and trust assets from the fiduciary. By the same token, we
are able to defend fiduciaries where the former trustee or
administrator is sued by a beneficiary. If you are an
out-of-state fiduciary or beneficiary and need representation,
our Los Angeles Lawyers are able to evaluate and consult in your
case to prevent and redress any breaches of fiduciary
duty.
Missing inventories, mismanaged
trusts, estates, conservatorships, Power of Attorney cases, and
guardianships all fall under this category. California holds the
fiduciaries to the Prudent Investor Rules and this area has
become a growing area of litigation in the last few years.
Click
here to have us evaluate your Breach of Fiduciary Duty Case.
California Wills: Most
people question whether traditional wills are still used in
estate planning. The type of will which is created with a trust
is generally referred to as a Pour Over Will, which is different
than the traditional wills. There are times where the traditional
can be used. Additionally, where a client requires court
supervision of distribution, the traditional will is still a
viable instrument.
Los
Angeles Special Needs Trust:
There are several goals that can be accomplished with a Special
Needs Trust. 1) Providing for a person to care for the needs of
the disabled person; 2) Insuring that the disabled individual
will qualify for SSI, and Medi-Cal, should the need arise, and
still be able to inherit assets or use litigation proceeds; 3)
Providing for the extras that the government does not otherwise
provide for the disabled person. If you have concerns about a
disabled person's future, consult us, regarding creation and
implementation of a California Special Needs Trust. Click
here to request our Free Special Needs Family Kit here.
Click
here to read more about special needs planning.
California
Conservatorship: This procedure
is intended to assist families whose loved ones are
incapacitated. A Conservatorship of a person allows the
conservator to make all medical decisions for the incapacitated
person, A Conservatorship of the Estate is obtained to manage the
financial aspects of the incapacitated persons life. This process
is most appropriate for any person who is is no longer able to
make decisions, such as Alzheimer's and dementia patients. A will
or trust can be created for the incapacitated person within a
conservatorship.
When you
become our client as a California Conservator, you will watch our
trademarked Conservatorship Training ® video presentation and
take our Conservatorship E-Course ® in addition to the
personal and hands-on advice from our conservatorship attorney.
Read
Our Article regarding Conservatorships.
We can assist you in both probate
full conservatorship of estate
and person or in the Developmentally Disabled
Conservatorships in limited conservatorships.
California Guardianship:
The most important decision you will make as a parent of a minor
child is to name the right guardian for him or her in your
absence. In fact, selecting the right guardian or the wrong
guardian can forever change the course of your child's life.
Family protection can be easy if you follow our recommended
course of action.
Who is best suited to act as a
guardian can be determined by developing a list of potential
guardians, matching them to your list of values, obtaining
permission from the guardians to act, and implementing a
nomination. An anti-nomination clause can be used to prevent
appointment of people you absolutely would not want as guardians
of your child. We have automated that process for you to make
sure your children will never be at the mercy of the courts in
selecting someone other than the person(s) you would select.
You may use
our Free
GuardianKit (TM) by
to select and nominate a guardian by clicking on this link:
GuardianChoice (TM) CLICK
HERE.
The affairs of Minors and their
assets are managed in guardianships. Guardianship matters usually
involve one of several situations: When a parent is deceased and
a minor is in need of an alternate person who can make decisions
on his or her behalf; When there is no parent who can make
decisions for a minor. When minors are disabled and receive
litigation proceeds or inherit, guardianships are created to
assist in managing the assets of the minor. California Probate
Code requires that assets of the minor be placed in blocked
accounts, or a bond be issued for the guardian.
Guardians can be categorized in
two general categories:
Guardian of Estate: This a
person who manages the assets or money of a minor.
Guardian of Person: This is
a person with whom the minor will live if the parents are
deceased.
Click
here to obtain more information on guardianships in California.
Entity Formation, including
LLCs, Corporations, Partnerships, Charitable Foundations:
Creating a California LLC, or Corporation is part of our
practice. We not only create the requested LLC or Corporation, we
assist you with unparalleled advice regarding how to manage your
entity to protect your other assets from the threat of lawsuits.
Our corporation and LLC creation system is complete and
customized to your needs. Protecting your assets can be
accomplished by proper entity formation. Ask our Wealth
Protection Lawyers about this service.
Family Limited Partnerships:
This entity is useful for estate
tax planning purposes as well as asset protection purposes. Many
people are engaged in the management of real property and an
benefit from the estate tax discounts which are available by the
proper creation of an FLP. Consult us on what assets are suitable
for this entity, as it cannot contain any personal assets.
Medi-Cal
Eligibility Planning: On
a daily basis, we are asked to assist elderly persons qualify for
Medi-Cal, in order to pay for long term care. There are many
avenues which remain open for planning. Use our services to
properly qualify your loved ones, and to protect their estate
from dissipating. Read
the Medi-Cal eligibility guidelines.
Medi-Cal
Recovery Protection Planning:
As most Medi-Cal recipients ask, “can anything be done to
prevent Medi-Cal from recovering assets upon death?” Yes,
there are currently several legal ways to prevent Medi-Cal from
recovering assets. Call us to receive the appropriate advice and
plan for recovery prevention planning. Read
the Medi-Cal Recovery FAQ.
Elder Law, Elder Abuse
Litigation: As the baby boomers get older, so too grows the
needs of that generation with regard to available services from
the government. Additionally, the elder population is most often
subject of abuses by unscrupulous individuals and caretakers.
California now has a variety of laws which protect the elderly,
both physically, and financially. If you are concerned about an
elderly person being financially abused, please contact us to
discuss the matter.
Fraud by a fiduciary, trust fraud,
and estate fraud cases typically include breach of fiduciary duty
actions. There are many cases where the abuse is with intent to
defraud. While the culprit may start as a small-time operator, he
may continue to steal small amounts which end up being large
amounts over a few year, or alternatively the fraud may occur in
one or more large financial transactions. Probate Lawyers Los
Angeles (TM)
are Lawyers practicing probate and trust law in all Los Angeles
County California courts.
Similarly, abuses are not always
ill intended and may merely involve a disabled child or mentally
ill child who happens to be the trustee and who has lived in the
property of the decedent or ill person where this was customary
years ago. For example, a child who is a conservator for his
mother may think he or she is doing the right thing, when in he
or she may have breached his or her fiduciary duty or improperly
used his or her mother's assets.
Fiduciary fraud can involve
financial assets, the illegal transfer of real estate, or fraud
involving personal property. Illegal transfers of deeds,
accounts, insurance policies, and pension death benefits all fall
under this areas.
Post-Death QDRO Litigation:
Did you obtain a divorce judgment
and find out that your divorce order was incomplete in protecting
your interest in your spouse's pension? We can help you resolve
post-death QDRO litigation. Depending on the nature and type of
pension, ERISA rules vary from California rules. Ask us to
evaluate your divorce order for post-divorce pension issues.
Click
here to ask about our QDRO services.
Life Insurance:
Making sure your life insurance
policy is effective and up-to-date is an important part of estate
planning. If you have minor children or a disabled spouse or
child, it is important to keep the insurance in place to pay for
any needs of that beneficiary. However, a minor or disabled
person should never be named as a beneficiary of a life insurance
policy. An adult beneficiary as a trustee for the minor or a
trust should be named as the beneficiary of a policy for the
benefit of a minor. A special needs trust should be created to
receive life insurance proceeds on behalf of a disabled
individual. Keeping an adequate amount of life insurance is
another important part of estate planning. As there are many
different types of life insurance, each type has a different
purpose. Ask us to guide you as to the amount needed as we
examine your estate plan and your debt. Los
Angeles Lawyers practicing probate and trust in and near Los
Angeles California.
Life Insurance Beneficiary
Litigation:
Many times there are disputes
between beneficiaries of life insurance policies. More common
disputes in this area involve whether a beneficiary designation
was made against California law. Additionally, often there are
issues of whether the policy owner had the right to modify a
beneficiary designation for lack of capacity or lack of
authority. We can help you litigate, settle and collect insurance
policies. Don't wait until the life insurance company acts to
interplead the funds, call us to determine if you may have a
cause of action which needs to be handled.
Click
here to obtain more information on how we evaluate Life Insurance
Litigation Cases.
Pension Litigation:
Has your spouse changed the
beneficiary of a pension without your authorization? Has a
pension administrator or employer failed to deliver pension
proceeds to you? We can assist you in collecting from ERISA
Plans, Non-ERISA Plans, IRA Accounts, 401 (k) Plans, and other
qualified pensions plans. Please remember that California laws
differ from Federal Pension laws and we can help you find the
correct path to collecting your interest in the pension. Our
Los Angeles Lawyers practice Probate and Trust law in and near
Los Angeles towns and areas.
Click
here to inquire about our Pension & ERISA Plan litigation
services.
Law
Practice Sales Systems:
We
have created PracticeAssure®, a business office system which
readies solo practitioner Lawyers who wish to sell their practice
and plan their estates. We also represent Lawyers in estate
planning and in sales of their law practices. See
the description of the PracticeAssure®
system.
Click
here to receive information on buying or selling a law practice.
We are your Los Angeles Probate
Lawyers.
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RESOURCES
FOR PARENTS OF MINORS
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How
to select the right guardian for your child? GuardianChoice(TM)
and GuardianKit(TM)
California
Guardianship Nomination Form
Caregiver
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MomsRules.com:
Musings of a Mom about Money!
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Information
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for Parents of Special Needs Kids
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the Medi-Cal eligibility guidelines.
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PENSION
& LIFE INSURANCE LITIGATION
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Has
someone claimed to be a life insurance or pension beneficiary to
which you believe you are entitled? Click
here.
Has
a Life Insurance company failed to pay life insurance proceeds to
which you were entitled? Click
here.
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POST-DIVORCE PLANNING &
LITIGATION
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Did
you know that your divorce invalidates your old estate plan?
Click
here to receive our post-divorce estate planning kit.
Post-Death
QDRO Litigation
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Angeles County
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CITIES
& TOWNS AND AREAS NEAR
SAN
FERNANDO VALLEY
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Probate
Lawyers and Attorneys in and near
Los
Angeles
Calabasas
Woodland
Hills
Canoga
Park
West
Hills
Sherman
Oaks
Tarzana
Northridge
North
Hollywood
Hollywood
Reseda
Van
Nuys
Burbank
Glendale
West
Los Angeles
East
Los Angeles
Central
Los Angeles
Pasadena
Studio
City
Granada
Hills
Chatsworth
Encino
Simi
Thousand
Oaks
Westlake
Village
Simi
Valley
Hollyood
West
Hollywood
Conejo
Valley
Camarillo
Santa
Monica
Culver
City
Venice
Agoura
Hills
Oak
Park
Malibu
Santa
Clarita
San Fernando Valley
Estate Planning, Living Trust & Elder Law Attorneys and
Lawyers in California
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