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Guardianship
and Life Insurance Lawyers and Attorneys in Los Angeles: Contact
us by telephone:
818-340-4479
Toll
Free in Southern California:
800-300-9977
Click
here To email us:
Los
Angeles Life Insurance Attorneys
Contact
Us:MSirkin@SirkinLaw.com
Our
Los Angeles Life Insurance attorney team can help you administer
California Wealth plans, Probate and Trust Estates in accordance
with California Probate Law and the California Probate Code. We
protect your personal wealth in California.
Los
Angeles Guardianship and Life Insurance and Estate Planning
Lawyers
Los
Angeles Trust Administration
California
Probate and Trust Litigation
California
Conservatorship
Breach
of Fiduciary Duty Litigation
Trust
& Probate Accounting Actions
Los
Angeles Special Needs Trust
Post-Death
QDRO Litigation
Life
Insurance Beneficiary Litigation
Pension
Litigation
Entity
Formation: Corporations, Partnerships, Family Limited
Partnerships; Limited Liability Companies; Charitable Foundations.
Business
Transactions:
We can assist you in implementing your business transactions,
including stock sales and corporate transfers.
Law
Practice Sales Systems
Direct access to our lawyers:
Los Angeles Life Insurance Attorney
Los Angeles Trust Attorney
California Probate Attorney
California Trust Attorney
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Laurel Elementary School
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LOS ANGELES, CALIFORNIA
GUARDIANSHIP AND LIFE INSURANCE ATTORNEYS:
Mina N. Sirkin is
a California Board Certified Specialist attorney in the areas of
Estate Planning, Probate and Trust Law by the State Bar of
California Board of Legal Specialization. Los Angeles Guardianship
and Life Insurance Attorney and Lawyer advising your on your
personal wealth preservation and protection matters.
Evan R. Sirkin is an
experienced Estate Planner and Personal Wealth Mediator.
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.
HOW TO COLLECT LIFE INSURANCE
PROCEEDS FOR A MINOR?
In California, up to $5,000 of life
insurance proceeds can be collected by a parent of a minor without
a guardianship proceeding. Amounts over $5,000 are generally
collected via a guardianship of the estate of the minor, unless
the insurance beneficiary designation is a custodian for the
minor.
We can assist you in obtaining
letters of guardianship to collect life insurance proceeds for
minor beneficiaries.
DISPUTES ABOUT LIFE INSURANCE:
There are many times where there
are disputes about entitlement as a beneficiary of life insurance
policies.
Here are typical cases where there
may be disputes about receiving the life insurance proceeds:
Disputes
between the spouse and children of a prior marriage.
Disputes
between a former spouse and a current spouse regarding life
insurance.
Disputes
among family members about proceeds of life insurance.
Disputes
with the life insurance company regarding who should receive the
proceeds of a life insurance policy. We handle all bad faith life
insurance matters.
Disputes
with the life insurance company for delays in payment or
non-payment of life insurance policies.
Our attorneys can help you collect
the maximum amount of life insurance proceeds legally available to
you. Call us at 818-340-4479 for an evaluation appointment.
WHAT TO DO WITH LIFE INSURANCE
DESIGNATION WHEN YOU HAVE A MINOR CHILD?
To avoid a guardianship proceeding
upon death, do not name minors as outright beneficiaries of life
insurance policies. Name a minor's trust or a custodian for life
insurance for the minor. We can help you with both of those
matters.
WHAT TO DO WITH LIFE INSURANCE
POLICY DESIGNATIONS WHEN YOU HAVE A DISABLED BENEFICIARY OR A
BENEFICIARY ON SSI, OR MEDI-CAL?
To prevent the disabled person from
losing their government benefits, such as SSI or Medi-Cal, do not
name the disabled person as an outright beneficiary of life
insurance policies. Name a special neeeds trust as a beneficiary
of the life insurance for the disabled child or adult. We can help
you with creating the right plan to protect disabled
beneficiarides.
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.
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 or custodian 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.
One of the most significant tools in wealth planning and
preservation for your family is life insurance and life insurance
trusts. Ignoring this very valuable tool can be very costly to
your family . So much can be accomplished while you are healthy
and the window of planning in this area gets smaller as you age.
Life Insurance
Beneficiary Litigation:
Disputes among beneficiaries of
life insurance policies are fairly common. More common types of
disputes in this area involve whether a beneficiary designation
was made against California law. The most common type of dispute
in this area is a dispute involving a second spouse and children
from a first marriage. 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.
ERISA rules relating to pension
beneficiaries can differ substantially from non-ERISA pension plan
rules. For example, even a definition of who can be considered a
spouse can differ under different pension plans.
Did your spouse change the pension beneficiary to someone other
than you? We litigate this type of matter and can assist you in
recovering the pension proceeds. Pension plans are responsible to
check documentation of spousal consents to beneficiary
designations and may be responsible for their negligence.
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Living
Trust Information
Living
Trust Newsletter
Three
simple steps in forming a Revocable Life Insurance Trust
Successor
Trustee and Personal Wealth Training Course
Los
Angeles Probate Information
Probate
Executor Training Course
California
Probate Code 13100-13101: Affidavit of Small Estate
How
to select the right guardian for your child?
Conservatorship
Information
Conservator
E-Course
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For
Attorney Clients Only: Law Practice Purchase and Sale
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Have
you nominated a practice administrator?
For
Lawyers Only: PracticeAssure ® Law Practice Sales Seminar &
Material
Receive
Our Special Needs Safety Kit
Read
the Medi-Cal eligibility guidelines.
Read
the Medi-Cal Recovery FAQ.
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PENSION
& LIIFE 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
Los
Angeles County
Orange
County
Ventura
County
Santa
Barbara County
San
Diego County
Do
you need an attorney in another county? Click
here and ask us for a referral.
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CITIES
& TOWNS NEAR
SAN
FERNANDO VALLEY
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Los
Angeles
Calabasas
Woodland
Hills
West
Hills
Canoga
Park
Hollywood
West
Los Angeles
Culver
City
Toluca
Lake
Sherman
Oaks
Tarzana
Northridge
North
Hollywood
Reseda
Studio
City
Van
Nuys
Burbank
Glendale
Pasadena
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