Category: Los Angeles

Probate Consultation Session in Los Angeles


Specialist Probate Attorney Consultation

When you need a free probate consultation session regarding probate in Los Angeles to evaluate whether action should be taken to protect your inheritance, you should consider the following circumstances:

1.  You believe there was forgery involved regarding a Will in Probate.  Just because a will has been submitted to the court, does not mean it is authentic or valid.   Sometimes, the circumstances surrounding the death of a loved one give you the sense that he or she may not have been able to sign or understand a will.

2.   You believe someone influenced the decedent to write a will or trust which he or she otherwise would not have signed.    If someone tries to overcome the will of another, there are usually signs of isolation from others, and other facts.

3.   There was any type of fraud involved in an estate.

4.    An executor has not filed an accounting within a year from the start of probate.

5.    Executor or Administrator has not filed an inventory.

6.    The elderly decedent was abused during his or her lifetime.

7.    There are assets which should belong to the estate but which someone else claims or owns.  An 850 action can clear title to an asset owned by the decedent, or by another person.

8.    Decedent was in the middle of a sale, or transaction, and he or she died.

9.    There is sibling rivalry in the family regarding who should own the assets of a parent, or deceased person and a family member needs a free probate consultation in Los Angeles, CA.

10.  There needs to be a conservator appointed for a family member or loved one.

11.  A fiduciary, executor, administrator, trustee or agent under a power of attorney has not met his or her duties or responsibilities.

12.   Assets need to be returned to a person, estate or trust.

Contact Elder Law Counsel, Mina Sirkin, Probate Law Certified Specialist Attorney for a Free Probate Consultation session in Los Angeles.  Call 818.340.4479  Los Angeles Probate Lawyer

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Probate Training for Real Estate Agents in Los Angeles

Probate Training Course for Real Estate Agents in Los Angeles

Mina Sirkin, Certified Specialist Attorney in Probate by the State Bar of California has put together a probate course for real estate agents in Los Angeles.  Ms. Sirkin has over 23 years of experience in the Probate and Trust areas and has completed sales of hundreds of  probate and trust properties.

Below is an outline of what you will learn in the Probate Course:

  1.  Understanding the Probate Process structure in Los Angeles.
  2.  Where Real Estate Agents can find Probate leads in Los Angeles County.
  3.  Learn to read a Probate Petition or Conservatorship Petition for the best leads.
  4.  Probate Sales v. Conservatorship sales.
  5.  What you can expect when you sell a property in the Probate Court.
  6.  Overbid Process in Court.
  7.  What type of case requires Court confirmation and a hearing?
  8.  All the forms needed to list and sell a probate piece of property.
  9.  Relationships with Executors, Administrators, and Conservators.
  10.  Relationship building with the Probate Bar.
  11.  Data Management and customer contacts.

The Course is all day and includes refreshments and lunch.   Call 818.340.4479 for the schedule of our Probate course in Los Angeles.

Offices in Woodland Hills, Los Angeles, Glendale & Pasadena

Email: for registration information for the Probate Training Course for Real Estate Agents in Los Angeles.

See our probate class presentation in Los Angeles.

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Living Trust Questions

Living Trust Questions in Los Angeles

Average Cost of a Living Trust

The average cost of a living trust prepared by an attorney in Los Angeles can generally range from $1800-$4500 depending on the complications of the trust and estate.   Ask us for a flat fee quote at your free consultation appointment with our living trust attorney.

Revocable Living Trust California

A revocable living trust in California is a vehicle for passing on assets upon death and managing them during incapacity, without court supervision.

Do I need a Living Trust?

If you have assets exceeding $150,000 which do not pass by contract in California, you generally need a living trust so that your estate does not go through probate.

What documents do I need to set up a living trust?

We provide a family information kit which tells you what documents to bring with you to your free consultation appointment.   Email: for your free consultation kit or call 818.340.4479.  For more information about living trusts in Los Angeles, visit:  Los Angeles Living Trust

Can I use a Living trust form?

If you are licensed as an attorney in California and have experience in preparing trusts, the answer is, yes.  If you are not licensed as an attorney, we do not recommend use of a form.

Los Angeles Living Trust, San Fernando Valley Living Trust, Glendale Living Trust, Pasadena Living Trust, Santa Monica Living Trust, Living Trust West Los Angeles

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Elderly Parent Care & Conservatorship

Conservatorships are effective ways of providing care for your elderly parent.  When elderly parents reach an age when they are no longer able to make effective decisions, or to provide care for themselves, a Conservatorship is established to transfer decision-making rights to a child who asks the Court to be appointed as the Conservator for the parent.


1)   Personal Care:   Preparing food, buying groceries, cleaning the house, self-grooming and bathing, washing clothes, making medical appointments, transportation to appointments, and timely taking medication.

2)  Financial Care:  Paying bills, preparing tax returns, organizing documents and records, depositing checks and income, tracking assets, communicating with financial and legal advisors.


Power of Attorney documents and Advance Health Care Directives are alternatives to conservatorships in most cases.   However, there are certain things that Power of Attorney documents cannot do.   


  • You cannot force your parent to take psychiatric medications against his will.
  • You cannot put your parent in a secured perimeter facility against his wishes with just a power of attorney.
  • You cannot prevent him from gifting with a power of attorney.
  • You cannot prevent him from marrying with a power of attorney.
  • You cannot prevent him from transferring his assets or contracting.
  • You cannot prevent him from revoking your power of attorney.
  • You cannot prevent him from giving a power of attorney to someone else.
  • You cannot change his will or make a will for him with a power of attorney (not like a trust).


Mina Sirkin is a Board Certified Specialist Attorney in Estate Planning, Probate and Trust Law with 24 years of experience in Conservatorships and Elder Law Planning for Care of Elderly Parents with Dementia or Alzheimer’s Disease.   Call 818,340.4479.

Offices in Woodland Hills, Glendale, Pasadena & Los Angeles serve children of elderly parents who need care or conservatorships.



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Who Makes Health Care Decisions After Hospitalization?

Many people contemplate who will make health care decisions for them if they are in a hospital and cannot make decisions, but countless people fail to put together the necessary documents which would allow another person to make emergency decisions of them.

You may recall, Joni Mitchell, a well-known singer, who was recently subject of a conservatorship proceeding.   She did not have the necessary documents to handle her release, or to allow someone else to confer with her doctors to make the decisions which were necessary for her.   After a short hearing, Judge Cunningham of the Los Angeles Superior Court appointed a Sherman Oaks woman, Leslie Morris, to act as Joni Mitchell’s conservator.

Some of the decisions that need to be made if a person is hospitalized and unable to decide herself, would include:

1.   Who will take the person upon release from the hospital;

2.   Who will have access to the person’s medical information;

3.   Who will be able to talk to the doctors and legally obtain medical records;

4.   Can a person leave the hospital against doctor’s orders?

Hospitals have a policy where they will not provide information to any person who does not have authority under the HIPAA rules.   This can happen if a person is unconscious, or otherwise unable to make the decisions himself or herself.

Doctors informally obtain information from staff and through observation as to whether the person is alert, and then determine the expectation of recovery depending on the disease.

If no decision maker is found by the hospital and the person is unable to make decisions, the hospital ethics committee is able to have a short hearing where emergency decisions can be made.

If the ethics committee at the hospital is unable to locate someone with authority, they may consider referring the case to the public guardian to become the Conservator of the person for the ill person.

So, before you get ill, or if you expect to be admitted to the hospital for any procedure, plan your estate and put together, an Advance Health Care Directive in addition to HIPAA releases which would allow another person to make health care decisions for you in California.

Mina Sirkin is an attorney with over 22 years of experience helping families deal with emergency health issues relating to elderly and disabled persons.  Ms. Sirkin is a Certified Specialist Attorney in Estate Planning, Probate & Trust Law who handles Conservatorships and Health Care Decisions in Los Angeles, Ca.

Conservatorship Offices in Los Angeles:

11400 W. Olympic Blvd. #200, Los Angeles, CA 90064.

Other office locations in Woodland Hills, Pasadena & Glendale.

We have served Sherman Oaks area clients with Conservatorship matters for over 22 years.

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Estate Planning & Probate Myths | Sirkin Law Group Los Angeles Estate Planning Lawyers


It is a myth that everyone should avoid probate.   There are many times when Court supervision of an estate is beneficial.  Observing a family’s dynamics can be very informative about whether or not probate should be avoided.  While at first glance, most attorneys advice that probate should be avoided, you should visit the following scenarios before you plan your estate and ask the following questions:

Will my executor and my beneficiaries get along?   For example, if you are married for the second or third time in California, there may be unpleasant feelings between your children and your current spouse.   Children of the first marriage, and second wives generally do not mix well in a non-court supervised setting, if they do not get along.   Equally, when you name a second wife as an executor, and children as beneficiaries of your estate, there may be allegations that the spouse hid an asset or used the asset for her own benefit to the detriment of beneficiaries.   These are some examples of why you may want to have court supervision of the distribution of the assets directed by your will.

Will the nature of the asset make probate a better choice?   If you are a member of an LLC, or a partner in a partnership, you should carefully review the governing documents in the LLC and the partnership, because sometimes operating agreements, and partnership agreements may state that the distribution shall be by a will or by a court appointed personal representative who then has to apply to the entity, its members and its partners and get consent of those persons to admit the beneficiaries of the will as members and partners.   Complications can arise in these matters regarding valuations of the business interest and there may be many good reasons to have a court appointed executor who can obtain court orders and court supervision regarding these types of assets.

Mina Sirkin has been practicing probate since 1992.  She is a Certified Specialist attorney in Probate, Estate Planning & Trust Law in Los Angeles,  Ms. Sirkin is a Los Angeles Estate Planning Lawyer with a focus on litigation, and an expert to media regarding trusts, estates and conservatorships in California.  Call 818,340.4479

Probate Attorney Los Angeles

Sherman Oaks  Probate Attorney

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Elder Care Planning for Dementia & Alzheimer’s Patients Los Angeles


It is estimated that 46% of persons in assisted living facilities and convalescent homes who are age 85 or older are there because of a diagnosis of dementia or Alzheimer’s disease.

Elder Care Plans include:

1.  An Advance Health Care Directive and HIPAA release;

2.  Durable Power of Attorney for Asset Management;

3.  A Living Trust;

4.  Will;

5.   Assignments of Personal Property, Deed, & transfer letters.

6.   Statement of wishes regarding living decisions and placement.

The plan for elder care needs to include a financial assessment of how the elder will financially support their stated wishes regarding their placement decisions.   So, if you intend to stay in your home with a caregiver, your financial plan has to include the cost of care at home.

Mina Sirkin is a Certified Specialist Attorney in Estate Planning, Probate & Trust Law.   She has helped thousands of people since 1992 to achieve their elder care plans in Los Angeles.  We are experts in conservatorships and elder law in Los Angeles Ca.  For appointments call: 818.340.4479.



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Top Ten Signs Your Trust Needs To Be Updated

Top Ten Signs Your Trust Needs To Be Updated

By: Mina N. Sirkin, Esq., Los Angeles Trust Attorney.

1.   You were married after your trust was created.

2.   You were divorced after your trust was created.

3.   Your trust has not been reviewed or update in the last three years.

4.   Your assets or your health situation have changed since you created your trust.

5.   Your partners is looking to retire or getting a divorce.

6.   You changed your business structure since your trust was created.

7.   The person you named in your trust to be your successor trustee died or is incapacitated, and you are not sure about any person named after that person.

8.   Your relationship with your children changed since you first created the trust.

9.   You have a bad in-law you did not anticipate in the mix.

10.  You opened new corporations, LLCs, to other entities.

Mina N. Sirkin is a Certified Specialist in Estate Planning, Trust Law & Probate in Los Angeles California.

For appointments call: 818.340.4470

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Our Firm Philosophy


Dedicated to Your Health and Your Property Rights

Nothing is more important than your health and your family.    Our law firm has helped protect thousands of families during incapacity and at death.   Our goal for the last twenty three years has been to assist our clients in providing for their loved ones and in protecting the rightful recipients of property and inheritances.

Family wealth issues often change dynamics of relationships.  We are dedicated to providing you with superb representation of your individual rights in the Los Angeles Superior Court Probate Departments.

With over two decades of experience, our Los Angeles California, Certified Specialist attorney in Probate, Trust and Estate Planning can help guide you in settling estates and planning for your family’s future.

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