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Los Angeles Probate and Probate Litigation
Attorneys:
818-340-4479
Probate Attorneys in California:
800-300-9977
Click
here To email us:
Los
Angeles Probate Attorneys
Contact
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 Attorneys; Probate Administration and
Litigation, Estate Planning, Wills and Trusts
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 Trust Estates in accordance with
California Probate Law and the California Probate Code. We
practice in all California Probate courts.
Los
Angeles CA Probate Attorney
Los
Angeles CA Probate
Los
Angeles CA Estate Planning Lawyers
Los
Angeles CA Trust Administration
California
Probate and Trust Litigation
California
Conservatorship
Breach
of Fiduciary Duty Litigation
Trust
& Probate Accounting Actions
Los
Angeles CA 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.
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Los Angeles Ca
Probate and Probate Litigation Attorneys
Probate
Litigation Lawyers
Los Angeles Ca Probate Attorneys: Law Offices of
Sirkin & Sirkin, was formed as a California probate law firm
in 1993, and has since been committed to providing Probate, Trust
and Estate services in a professional environment in which
California Probate laws can be administered. Our probate
attorneys are experts who handle probate administration and
probate litigation in all Los Angeles County courts.
Ask our Los Angeles
Probate Attorneys to help you with your probate case. Our expert
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 California
Probate lawyer serves all of Los Angeles County Probate Courts,
as well as several other counties in California. We handle
probate and trust litigation matters in Los Angeles, Ca.
Practice Areas:
Ca Probate
Administration and Probate Litigation: Will contests
California Trust
Administration and Trust Litigation: Trust contests
California Trust Law:
Trust Formation / Creation
California Probate
Law
Spousal Property
Petitions involving rights of spouses to community property or
separate property, including spousal property litigation
Estate Planning &
Trust Administration
Special Needs Trust
Planning
California
Conservatorship Law
Business Transactions
and Asset Protection
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. Ms. Sirkin handles all of our litigation
matters.
Evan R. Sirkin is an
experienced Estate Planner and Probate 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.
Los
Angeles Probate Attorneys:
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 Attorneys: 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 Estate Planning and 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,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 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.
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.
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 PracticeAssuresystem.
Click
here to receive information on buying or selling a law practice.
We are your Los Angeles CA
Probate Attorneys.
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