Author: msirkin

Conservatorship Consultation Los Angeles

 

Conservatorship Consultation

Los Angeles, CA:  The most important thing about becoming a conservator in Los Angeles is obtaining legal advice in a conservatorship consultation with a specialist attorney who has many years of experience in conservatorship matters.

Knowing the process of conservatorships can help ease the stress on loved ones who are involved in managing the care of an elderly or disabled person.

The Conservatorship Process

A simplified view of the conservatorship process in Los Angeles can be as follows:

  1. Filing of the Petition
  2. Court Hearing
  3. Getting a Conservatorship Bond
  4. Issuance of Order and Letters of Conservatorship
  5. Inventory
  6. Estate Management
  7. Petition for Accounting

Establishing a roadmap of what can be expected in court, as well as after a conservator is appointed is more important than the initial filing of the petition for conservatorship.    At Sirkin Law Group, we give our clients the education they need to navigate the conservatorship system in Los Angeles.   Learn more about conservatorships here.

Office locations in Los Angeles, Woodland Hills, Glendale & Pasadena.

Call Mina Sirkin, Certified Specialist Attorney for a free conservatorship consultation in Los Angeles, Ca.  Email us here or call us at 818.340.4479.

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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: Info@sirkinlaw.com for registration information for the Probate Training Course for Real Estate Agents in Los Angeles.

See our probate class presentation in Los Angeles.  http://ProbateClass.com

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Probate Consultation Los Angeles

 

Getting excellent advice from a probate attorney during a consultation appointment in Los Angeles is not difficult.  It is mandatory to learn the probate process first before you file any petition in court.  A free consultation can save many headaches in the probate court.

Probate Process Consultation:

  • The process of staring a probate case begins with gathering information about the decedent.
  • The asset information helps an attorney determine what assets go through probate.
  • If assets are known, an estimate of the size of the estate is included in the Probate Petition.
  • If not all assets have been discovered, the Petition may say so, and a bond will be required of the administrator for the liquid assets.   If a will waives the bond, then the executor named in the will does not need to post a bond.
  • A list of persons entitled to notice is gathered before probate starts.
  • A list of creditors should be gathered to be able to estimate whether the probate estate will be solvent.
  • Once a Petition for Probate is filed in California, a hearing is set to give the noticed persons the ability to object to the petition, if the executor is deceased or is otherwise unsuitable.
  • A person who is given the right to act to to gather the assets of the decedent, is called an executor or administrator.  He or she is issued Letters of Administration or Letters Testamentary.
  • An Inventory is then filed with the court and a probate referee appraises the assets.
  • After the creditor claim period, the executor or administrator can file an accounting and ask that the court allow him or her to distribute the assets.
  • After the assets have been distributed by a court order, the executor or administrator asks to be discharged.

If you need a probate consultation appointment with our Los Angeles Probate Attorney, call our experts at 818.340.4479.  Free Probate Consultation with our Los Angeles Probate Attorney.

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Legal Issues Facing Children of Aging Parents

Legal Issues and Help for Parents and Legal Issues Facing Children of Aging Parents

As parents age, there are many legal issues facing children whose aging parents need help.

Learn more and click here to see the presentation by Mina Sirkin: Parents_Aging_Cognition

Contact Mina Sirkin at 818.340.4479.

Legal Issues and Help for Parents and Legal Issues Facing Children of Aging Parents

 

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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: SirkinLaw@aol.com 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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Guardian Ad Litem Los Angeles

Do You Need A Guardian Ad Litem In A Case In Los Angeles Ca?

When you have a Plaintiff or Defendant who has become incompetent and there is a lawsuit either pending or which needs to be started, and there is no conservator of the estate, you should appoint a Guardian Ad Litem.

What Does a Guardian Ad Litem Do in a Lawsuit?

A Guardian Ad Litem is a person who steps into the shoes of an incompetent or disabled plaintiff or defendant when the plaintiff or defendant becomes incapacitated.   This means that the party is incompetent so that he/she is unable to assist his attorney in the case.  This is different than a conservator in that the Guardian Ad Litem only handles one specific case. A conservator on the other hand manages other assets of the incapacitated or disabled person.

A Guardian Ad Litem may be appointed both for minors and for adults who are incompetent.

What if there is a Conservator and also a Guardian Ad Litem ?

When both a Conservator and a Guardian Ad Litem are appointed, the one who was appointed first manages that specific lawsuit, unless there is a conflict of interest.   Generally, Guardian Ad Litems are discharged by the judge after the case is settled, and if there are any funds remaining, the court normally orders those paid to the Conservator of the Estate or a Special Settlement Trustee.   Where the Conservator may have a conflict of interest with the conservatee, the Court may also appoint a guardian ad litem to stand in the shoes of the conservatee or disabled person.

How Does A Guardian Ad Litem Get Paid?

The Court may award reasonable fees to the Guardian Ad Litem from the proceeds of the lawsuit, or if there are no proceeds, from the assets of the incapacitated person.  The Court may pay the Guardian Ad Litem from County funds, where there are not assets of the disabled person.

Types of Cases In Which A Guardian Ad Litem Is Commonly Used?

Personal Injury cases, including those which need special needs trusts;

Family Law Cases;

Probate and Trust Cases; and

Worker’s Compensation Cases.

What Forms Do I Need To Appoint A Guardian Ad Litem In Los Angeles Ca?

The attorney who recognizes that there is a need for a Guardian Ad Litem will file an application in Court and select an appropriate Guardian Ad Litem to handle the case.

Here are the forms to appoint a Guardian Ad Litem:

In Civil Cases: Ex Parte Application for Appointment of Guardian Ad Litem in California

In Probate Cases:  Petition for Appointment of Guardian Ad Litem

Call us when you need a Court Appointed Guardian Ad Litem in Los Angeles California:

Mina Sirkin is an attorney with over 22 years of experience in  Los Angeles, California.   She is regularly appointed by the Court to act as a Guardian Ad Litem to facilitate, litigate and to settle cases where a party has become incapacitated in a lawsuit.  Ms. Sirkin is Board Certified as a Specialist in California Trust, Probate and Estate Planning. We handle all aspects of appointment, and can assist you and your clients in resolution of your case.  Call 818.340.4479. Email: MinaSirkin@gmail.com and reference your need for a Guardian Ad Litem. Office locations in Glendale, Pasadena, Los Angeles and Woodland Hills California.

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Problems with Joint Tenancy

PROBLEMS YOU MAY CREATE WITH A JOINT TENANCY

1. Generally, a joint tenancy is created to avoid entering court proceeding in probate at the death of the first joint tenant. However, it does not avoid probate at the death of the second joint tenant unless he/she puts that asset in his / her own trust after the first joint tenant dies.

2. While both joint tenants are alive, each of their creditors can execute a judgment against each of their shares. So, if you put your son on title and your son gets sued, a judgment against him can be executed against 1/2 of the property. In essence, it is a poor asset protection method.

3. If you put your married child on title, and a mortgage is paid during his marriage, in the event of his divorce, his spouse can claim a community interest against that property, if the mortgage is paid from their community wages. This ties up your property in their divorce proceeding.

4. When a person leaves an asset to a child in trust, there is a step-up in basis which avoids a large capital gains tax. When you put an asset in joint tenancy with your child during your life, this huge benefit is lost and there is no step-up to the date of death value as to the interest you gave your child during your life.

5. Joint Tenancies can completely thwart a person’s estate plan. For example, if you leave all of your assets in your will to all of your children, but leave one child as a joint tenant on one property, the child on title will inherit all of that one property and your entire estate will not pass equally to your children.

6. If you give a joint tenancy interest to a child while you are alive, and the value of the tenancy is more than $14,000, you have to file a gift tax return for it, and use some of your lifetime exemption.

7. A Joint tenancy is not a protection in the event of incapacity. If you put a child on title, you must obtain a power of attorney from him/ her so that if he/she is incapacitated, you can sell the property. Likewise, if you become incapacitated, the child you put on title will necessarily need to have a Durable power of attorney from you to be able to sell the property in the event of your incapacity.

8. If you put a child on title, you will need that child’s consent to sell the entire property in the future. Remember that your son or daughter-in-law may influence your child in this decision.

9. If you want to go borrow on a property which has your child as a joint tenant on title, you will need to get the consent of the child to borrow on your own property.

10.  If you have a tenant in the jointly owned property whom you want to evict, you will need th epermission or consent of the other co-owner.  If the tenant is your co-owner, you cannot evicthim or her.

11.  If you forget to obtain a Parent-Child exclusion from reassessment from the County Assessor, your property tax will be reassessed. There are several form that have to be prepared to enable your property to escape reassessment at the time of transfer to your child.

SOLUTION:

A. Call us and put your house in your trust and leave it to your children at your death.

To discuss more aspects of joint tenancy, call our joint tenancy attorney at 818.340,447 in Los Angeles. Each attorney at Sirkin Law Group, P.C. has over 22 years of experience in joint tenancy issues and fixing problems relating to joint tenancy in Los Angeles Ca.

Joint Tenancy Problems

Problems with Joint Tenancy

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Elder Law Woodland Hills

Elder Law Woodland Hills Ca: Caring for your family at different stages of life is the largest part of the practice of Elder Law  As Woodland Hills Elder Law attorneys, we often counsel clients in a multi-disciplinary legal areas.  Our Woodland Hills practice of elder law includes all of the following areas of law:

Estate Planning (Wills and Trusts):  Estate Planning is the focus of preparing a plan of action for management of assets during incapacity and for distribution of the assets at death.

Preparation of Power of Attorney Documents:  Power of attorney documents are created as means to assist in decision by appointing an agent to make decisions for the principal.

Preparation of Advance Heath Care Directives:  When it is time for making health care decisions, this document serves as a statement of your authority to allow someone else to make health care decisions for you when you are no longer able to do so yourself.

Trust Administration:  After a person dies (of even when he/she is incapacitated), the assets in a trust need to be managed and then distributed upon death.  This process is called trust administration.

Probate Administration:  When there is no trust, or when a trust is not funded, this court process allows for distribution of assets at death and admission of the will in court.

Conservatorship:  Conservatorships are protective proceedings where an adult requests powers from the court to care for another adult.

Medi-Cal Planning and Asset Protection: We assist clients in obtaining Medi-Cal benefits and create strategies for asset protection for our clients to retain their most valued possessions.

Financial Elder Abuse Law:  We help recover assets of elderly in probate and civil court where the assets have been taken by another person, or used for a wrongful purpose.

Call Mina Sirkin, Specialist Attorney at 818.340.44799, Elder Law Woodland Hills Ca.  Elder Law Attorneys Woodland Hills.

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Joint Tenancy Attorney Los Angeles

Joint Tenancy attorneys at Sirkin Law Group in Los Angeles advise clients regarding problems which can arise from holding title to assets in joint tenancy with your children.   Joint tenancies were a popular realtor recommended Method of taking title to real estate, to avoid probate at first death in California.  Call our Los Angeles office for a free consultation with our joint tenancy attorney regarding the consequences of a joint tenancy before you attempt it.

PROBLEMS YOU MAY CREATE WITH A JOINT TENANCY

1. Generally, a joint tenancy is created to avoid entering court proceeding in probate at the death of the first joint tenant. However, it does not avoid probate at the death of the second joint tenant unless he/she puts that asset in his / her own trust after the first joint tenant dies.

2. While both joint tenants are alive, each of their creditors can execute a judgment against each of their shares. So, if you put your son on title and your son gets sued, a judgment against him can be executed against 1/2 of the property. In essence, it is a poor asset protection method.

3. If you put your married child on title, and a mortgage is paid during his marriage, in the event of his divorce, his spouse can claim a community interest against that property, if the mortgage is paid from their community wages. This ties up your property in their divorce proceeding.

4. When a person leaves an asset to a child in trust, there is a step-up in basis which avoids a large capital gains tax. When you put an asset in joint tenancy with your child during your life, this huge benefit is lost and there is no step-up to the date of death value as to the interest you gave your child during your life.

5. Joint Tenancies can completely thwart a person’s estate plan. For example, if you leave all of your assets in your will to all of your children, but leave one child as a joint tenant on one property, the child on title will inherit all of that one property and your entire estate will not pass equally to your children.

6. If you give a joint tenancy interest to a child while you are alive, and the value of the tenancy is more than $14,000, you have to file a gift tax return for it, and use some of your lifetime exemption.

7. A Joint tenancy is not a protection in the event of incapacity. If you put a child on title, you must obtain a power of attorney from him/ her so that if he/she is incapacitated, you can sell the property. Likewise, if you become incapacitated, the child you put on title will necessarily need to have a Durable power of attorney from you to be able to sell the property in the event of your incapacity.

8. If you put a child on title, you will need that child’s consent to sell the entire property in the future. Remember that your son or daughter-in-law may influence your child in this decision.

9. If you want to go borrow on a property which has your child as a joint tenant on title, you will need to get the consent of the child to borrow on your own property.

10.  If you have a tenant in the jointly owned property whom you want to evict, you will need th epermission or consent of the other co-owner.  If the tenant is your co-owner, you cannot evicthim or her.

11.  If you forget to obtain a Parent-Child exclusion from reassessment from the County Assessor, your property tax will be reassessed. There are several form that have to be prepared to enable your property to escape reassessment at the time of transfer to your child.

SOLUTION:

A. Call us and put your house in your trust and leave it to your children at your death.

To discuss more aspects of joint tenancy, call our joint tenancy attorney at 818.340,447 in Los Angeles. Each attorney at Sirkin Law Group, P.C. has over 22 years of experience in joint tenancy issues in Los Angeles Ca.

Joint Tenancy Attorney Los Angeles

Joint Tenancy Attorney

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Joint Tenancy Attorney Glendale

Joint Tenancy attorneys at Sirkin Law Group in Glendale advise clients regarding issues that can arise from holding assets in joint tenancy with your children.    In the old days, joint tenancies were the most common realtor recommended way of holding title to real estate, to avoid probate at first death in California.   Call our office for a free consultation with our joint tenancy attorney regarding the consequences of a joint tenancy before you attempt it.

PROBLEMS YOU MAY CREATE WITH A JOINT TENANCY

1.  Generally, a joint tenancy is created to avoid probate at the death of the first joint tenant.   However, it does not avoid probate at the death of the second joint tenant unless he/she puts that asset in his / her own trust after the first joint tenant dies.

2.  While both joint tenants are alive, each of their creditors can execute a judgment against each of their shares.   So, if you put your son on title and your son gets sued, a judgment against him can be executed against 1/2 of the property.   In essence, it is a poor asset protection method.

3.   If you put your married child on title, and a mortgage is paid during his marriage, in the event of his divorce, his spouse can claim a community interest against that property, if the mortgage is paid from their community wages.   This ties up your property in their divorce proceeding.

4.   When a person leaves an asset to a child in trust, there is a step-up in basis which avoids a large capital gains tax.  When you put an asset in joint tenancy with your child during your life, this huge benefit is lost and there is no step-up to the date of death value as to the interest you gave your child during your life.

5.   Joint Tenancies can completely thwart a person’s estate plan.  For example, if you leave all of your assets in your will to all of your children, but leave one child as a joint tenant on one property, the child on title will inherit all of that one property and your entire estate will not pass equally to your children.  

6.   If you give a joint tenancy interest to a child while you are alive, and the value of the tenancy is more than $14,000, you have to file a gift tax return for it, and use some of your lifetime exemption.

7.   A Joint tenancy does not protect a person in the event of incapacity.   If you put a child on title, you must obtain a power of attorney from him/ her so that if he/she is incapacitated, you can sell the property.  Likewise, if you become incapacitated, the child you put on title will necessarily need to have a Durable power of attorney from you to be able to sell the property in the event of your incapacity. 

8.   If you put a child on title, you will need that child’s consent to sell the entire property in the future.  Remember that your son or daughter-in-law may influence your child in this decision.

9.    If you want to go borrow on a property from a bank, and your child is a a joint tenant on title, you will need to get the consent of the child to borrow on your own property.   

10.   If you forget to obtain a Parent-Child exclusion from reassessment from the County Assessor, your property tax will be reassessed.  There are several form that have to be prepared to enable your property to escape reassessment at the time of transfer to your child.

SOLUTION:

A.   Call us and put your house in your trust and leave it to your children at your death.   Glendale Joint Tenancy Attorneys.

To discuss more aspects of joint tenancy, call our joint tenancy attorney at 818.340.4479 in Woodland Hills and Los Angeles.  Each attorney at Sirkin Law Group, P.C. has over 22 years of experience in joint tenancy issues in Glendale Ca.  

Joint Tenancy Attorney Los Angeles

Joint Tenancy Attorney Glendale

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