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Los
Angeles Probate Attorney
Los
Angeles, California: Sirkin & Sirkin, was formed as a
California estate planning law firm in 1993, and has since been
committed to providing Probate, Trust and Estates services in a
professional environment in which California Probate laws can be
administered.
Ask
our Los Angeles Probate Attorney to help you with your probate
case. Our Los Angeles Trust Attorney, and our California Trust and
Probate Attorney are ready to assist you with planning your estate
and providing you with a life-time of service in connection with
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.
Our
Los Angeles Trust Lawyer can assist you with the proper advice in
determining which estate planning tools are most appropriate for
your family. Our California Probate lawyer serves all of Los
Angeles County Probate Courts, as well as several other counties
in California.
Practice
Areas:
Probate
Law
Trust
Law & Estate Planning
Special
Needs Trust Planning
Conservatorship
Law
Business
Transactions and Asset Protection
Probate
& Trust Litigation
Insurance
and Pension Beneficiary Dispute Resolution
Medi-Cal
Planning and Special Needs Trust Planning
Practice
Sales
Click
on our links for information on each area:
Los
Angeles Probate Attorney
Los
Angeles Probate
Los
Angeles Estate Planning Lawyers
Special
Needs Trusts
Los
Angeles Trust Administration
California
Probate and Trust Litigation
California
Conservatorship
Breach
of Fiduciary Duty Litigation : Accounting Actions
Trust
& Probate Accounting Actions
Post-Death
QDRO Litigation
Life
Insurance Beneficiary Litigation
Pension
Litigation
Entity
Formation & Business Transactions: Business Transactions,
Corporations, Partnerships, Family Limited Partnerships; Limited
Liability Companies; Charitable Foundations.
Law
Practice Sales Systems
Los
Angeles Probate Attorney, Los Angeles Probate Lawyer, Los Angeles
Probate, California Probate Lawyer, Living Trust Lawyer, Trust,
Revocable Trust, Family Trust
Meet
Our Los Angeles California Probate & Trust Attorneys:
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.
Evan
R. Sirkin is an experienced Estate Planner and Probate
Mediator.
Marilyn
Mamann is an Elder Law, Estate Planning and Los Angeles
Probate lawyer.
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:
Our Los Angeles Probate attorneys 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:
Our
Los Angeles Probate Attorney 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 H 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 Lawyer: While
California Probate laws are intended to be uniform, each county in
California also has local probate rules. 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.
Los
Angeles Estate Planning 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 firm
philosophy is based on four life goals for our clients:
1. Form a
Family Trust (Revocable Trust);
2. Fund your
Family Trust;
3. Keep your
Family Trust updated.
4. Have the
Successor Trustee distribute the Family Trust assets without
Probate.
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®.
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 Estate
Planning Attorney and Living Trust Attorneys can assist you in
protecting your family and your loved ones from the expenses of
Probate. Call us for more information and ask for an appointment
with our Wealth Protection Attorneys. 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 Trust Administration and Settlement:
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 Attorneys can assist your heirs
in continuous protection of your hard-earned wealth. Our Los
Angeles Trust Administration attorneys 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 and Trust 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 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.
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 attorneys 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.
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
Conservatoships 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
Guardian Selection Kit ®
by clicking on this link: 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.
Charitable
Tax Planning: Substantial tax benefits can be obtained by
properly planning for charitable entities, such as Charitable
Remainder Trusts and Charitable Lead Trusts. If you own assets
which have highly appreciated, and if sold will cause a
significant capital gains tax, you may benefit by creating a
charitable trust and avoiding the capital gains tax, as well as
any associated estate taxes relating to that asset. A tax saving
opportunity will also give you the control as to how your money
is used by the charity. Failing to properly plan will mean that
you left the decision of how your money is to be used in the
community to the IRS.
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
Abuse Law: 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.
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.
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.
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 attorneys
who wish to sell their practice and plan their estates. We also
represent attorneys 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.
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