Author: Probate Attorney

We have administered thousands of estate plans and wealth over the last 26 years for families that consider themselves blended.   If you have a blended family, meaning, you have been married more than one time, or have children from different relationships, there are several things to consider so your estate plan succeeds.

First, you need to know what assets exist in your relationship and outside of your relationship.   What does this mean? It means, if you are a California resident, you need to know what assets will be considered community, and what assets will be considered separate property.   The most common mistake people make is believing an asset is separate, when it is actually community property.   We have many people who tell us that an asset is separate, and when we investigate the asset further during our planning consultation, we discover that the asset was actually acquired during the marriage.   An example may be a Calabasas resident who has a bank account in which she made deposits of a paycheck during the marriage, but which name stayed in her name.  Second marriages lend themselves to many financial conflicts which can be avoided with simple advice about wealth planning.

Secondly, we as your wealth planning lawyers need to know if you have a prenuptial agreement or a post-nuptial agreement.  If you as our client don’t tell us about these, we will not have enough information to unblend your estate plan.   Unblending means, we provide for your kids separately than for your spouse’s kids.   If you expect your kids to have unusual feelings about their step-siblings, you should seriously thinks of selecting professional fiduciaries to act as your successor trustees.    There is too much at stake in potential Ca Trust litigation when you have step-children and feelings tend to get mixed up after a person dies.

 

Third, track any specific assets which you want to leave as specific gifts.   How is this relevant?  Lets say that you left your business to one side of your family.   As time goes by, you may sell the business, or may sell your shares, but keep a part of the business, or its rents.   Be sure that if you change a specific gift in any way in the future, that you discuss your estate plan with your attorney.   Some of the most common disasters in estate planning come from believing that you were fair in your disposition of your trust, but failing to keep it funded, or to evaluate it periodically for changes in assets.  Talk to our wealth planning attorneys in Los Angeles about specific gift planning pitfalls.

 

Fourth, wealth planning to unblend the family inheritance is full of steps to make sure that each of its parts will be administered separately, yet it complies with the marital deduction.   So, while QTIPs require that the income goes to a spouse, we look to other elements in planning, when you have disgruntled beneficiaries.   Deciding whose interest comes first if one of the first point in determining who gets what when the first of the two spouses dies.

 

If you are a second wife and are concerned about your husband’s children, this concern can be real.  What happens sometimes in newer marriages is that the children from the first marriage want the house sold, which may or may not be desired by the surviving spouse.   Getting clear about the house, who will pay for the expenses of the house, and who will have the right to live in it, is a routine party of estate planning.

 

More interesting cases are coming out from the California divorce court which deal with LGBT marriages and the children from those marriages and partnerships.   If you are in a same sex marriage or in a domestic partnership, we should plan on talking about assets and children and how we will provide for them from your perspective.

 

Call Sirkin Law Group to talk about wealth planning for your family and personal affairs, and how to unblend the estate plan for success.   Call Mina Sirkin, Board Certified Specialist Attorney in California Trust Law at 818.340.4479 for unblended estate advice for blended families.

Security of finances and a home for our children is at the top of our list when we become parents of young children.  With that, comes questions and answers about estate planning which is statistically initiated by young mother with newborns.

At our law office at Sirkin Law Group, in California, our firm caters to providing for security and estate planning for young families by specializing in wealth transfers and protecting your young children.   Because we are facing a multi-trillion dollar transfer of wealth in the next decade, it is important to know a) where your assets will come from; and b) where your assets will go and how to leave it to your family to protect and avoid problems.

“Your wealth amount will inevitably vary during your lifetime, yet your goal of protecting your children will stay constant, regardless of your age and the age of your children,” says attorney Mina Sirkin, an expert in Probate and Wealth Planning in Los Angeles County, California.

There are three things that are on the top concerns lists by young mothers:

1. Incapacity
2. Death
3. Divorce

So how do you secure the future of your children in incapacity, death or divorce?

Provide for a way for your young and old children to receive benefits from your assets, if you are incapacitated:

• Providing for your children cannot be done in a plain Last Will and Testament, if you are incapacitated and not deceased.   A Last Will and Testament only can provide for transfer of your assets upon your death.   If you have a plain will, it does not operate if you are incapacitated.   The solution for providing benefits to your kids when you become incapacitated is a trust and with appropriate provisions in a Durable Power of Attorney.   If your kids are minors, you want to pay close attention to this particular issue.
• What to put in your Durable Power of Attorney for Asset Management to make sure your minor and adult kids get money, if you become physically or mentally incompetent:  If you are supporting your minor or adult children, be sure to include a provision in your power of attorney, that your agent under a power of attorney can pay for your minor and adult children, in the same way you have done so.   Loosen the incapacity determination to a letter by one doctor, and broaden incapacity to mean mental or physical incapacity in your power of attorney.

Next, provide for a way for your young children or older kids to receive assets, if you  pass away:

1. Simple Wills:  What if you are not concerned about incapacity?  If your concern is only your death, you can provide for the distribution of your assets in a Last Will.    There are also testamentary trusts which are incorporated in wills and continue for the lifetime of children when you die.
2. Revocable Living Trusts:  However, the best way to protect your children is to create a revocable living trust in California.
3. What Not to do with your bank accounts if you have minor children: Don’t even think about leaving your minor children as joint tenants on your accounts.
4. If you leave a minor as a joint tenant on your account if you die while he or she is a minor, that asset cannot be collected without a full court guardianship.   You can, however, create custodians for your minor on accounts.   Custodial accounts are a way to allow an adult to collect an asset for a minor in California.

What do to about your Life Insurance to make sure your kids get it, if you are incapacitated or if you die?

First, make sure that you have named an adult custodian as a beneficiary for your minor kids, or a trustee as a beneficiary for the benefit of your child.    Besides making sure you have enough insurance throughout the time your kids are minor, make sure you provide a way for payment of the life policy so that the policy does not lapse for non-payment, if you are incapacitated.    Talk to your insurance agent to make sure you know what it takes to keep the premium paid, if you become incompetent and forget to pay the premium.  If you move, it is even more important that you direct the insurance company to your new address, as lapse notices are tied to your address on record with the insurer.  Remember that the insurance company has no obligation to pay your beneficiary if you die and your insurance has lapsed.

How do you make sure your kids are protected with enough money if you are involved in a divorce?

Support orders can be crafted to provide for the purchase of pre-paid life insurances, payments to trusts, and insurance payments monitored by the parent who has custody of the children.   If you are a mother of young children and involved in a divorce proceeding, you want to make sure that you have your spouse enter into an agreement that you can make your own trust.  There is an automatic stay on actions to fund trusts during a marriage when a divorce has been filed.   The reason to ask your spouse to consent is that a will alone does not protect on your incapacity.    Also, make sure that if you are negotiating for your ex to provide a life insurance policy, you have the right to get information, premium statements and beneficiary changes, in addition for a way to have you be notified of any lapse in the policy.

Mina Sirkin is a wealth planning attorney who is a California Board Certified Specialist in Trust Law in Los Angeles County.  Ms. Sirkin assists young families in wealth transfers and wealth planning for incapacity, death and divorce for young families.   Call us at 818.340.4479 and email us here.

When you begin your journey in to Los Angeles County Probate, you may come across practical questions that require answers but that are beyond basic or border on advanced issues but which should be reviewed by a Los Angeles County Probate counsel.  Practical sides of estates and trusts involve gathering of assets and tending to the creditors of the estates or trusts.

Where things get complex in our county probate cases is first telling the difference between a creditor of the deceased person versus the ongoing expenses of probate.   Executors who handle claims should have an extensive file on addressing payments.

QUESTION:  Should I continue to pay the gardener, even though his has a creditor claim?

ANSWER:     Yes.  The gardener’s claim is a separate item that the ongoing gardening expense. You should pay for the ongoing gardening expense since failure to do so will devalue the property on sale or creating additional and unnecessary expenses to the estate to plant the garden.

QUESTION:   What should I do about a lawsuit that was started before death of my father?

ANSWER:   You should determine pretty quickly if the claim is one that is covered by insurance, and communicate that claim to the insurer.   Next, once you are appointed, you should send out the notice to creditor and though some claims are exempt from a filing requirement.   Because the Probate Code treats claims covered by insurance and limits the claim under certain circumstances, you should pay close attention to what happens to this type of claim.  If you fail to follow the claims notice requirements, you have effectively allowed the plaintiff to go over the insurance coverage amount.   You should explore whether there is coverage by the homeowner’s insurance or other insurances of your father covering the claim.   This sometimes requires review of the various insurance policies and discussion with a coverage attorney.   Keep paying the insurances and be sure to purchase any available insurance policies after death.   You must inform the insurance company to make sure there is coverage.

Probate Code 9390  

(a) An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued under Section 550, and a judgment in the action may be enforced against the insurer, without first filing a claim as provided in this part.

(b) Unless a claim is first made as provided in this part, an action to establish the decedent’s liability for damages outside the limits or coverage of the insurance may not be commenced or continued under Section 550.

(c) If the insurer seeks reimbursement under the insurance contract for any liability of the decedent, including, but not limited to, deductible amounts in the insurance coverage and costs and attorney’s fees for which the decedent is liable under the contract, an insurer defending an action under Section 550 shall file a claim as provided in this part. Failure to file a claim is a waiver of reimbursement under the insurance contract for any liability of the decedent.

IMPORTANCE OF PROBATE CODE SECTION 550 relating to litigation of claims covered by insurance of the decedent is shown in the next few paragraphs.  You should watch for the claims period and also for the one year anniversary of the death of the decedent.

LITIGATION INVOLVING DECEDENT: What happens to the liability of the decedent covered by insurance?  The answer depends on whether the claim is made properly and timely, plus whether the plaintiff seeks damages exceeding the insurance policy amount.

PROBATE CODE 550.

(a) Subject to the provisions of this chapter, an action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate without the need to join as a party the decedent’s personal representative or successor in interest.

(b) The remedy provided in this chapter is cumulative and may be pursued concurrently with other remedies.

PROBATE CODE 551

Notwithstanding Section 366.2 of the Code of Civil Procedure, if the limitations period otherwise applicable to the action has not expired at the time of the decedent’s death, an action under this chapter may be commenced within one year after the expiration of the limitations period otherwise applicable.

PROBATE CODE 552

(a) An action under this chapter shall name as the defendant, “Estate of (name of decedent), Deceased.” Summons shall be served on a person designated in writing by the insurer or, if none, on the insurer. Further proceedings shall be in the name of the estate, but otherwise shall be conducted in the same manner as if the action were against the personal representative.

(b) On motion of an interested person, or on its own motion, the court in which the action is pending may, for good cause, order the appointment and substitution of a personal representative as the defendant.

(c) An action against the estate of the decedent under this chapter may be consolidated with an action against the personal representative.

PROBATE CODE 553

The insurer may deny or otherwise contest its liability in an action under this chapter or by an independent action. Unless the personal representative is joined as a party, a judgment in the action under this chapter or in the independent action does not adjudicate rights by or against the estate.

PROBATE CODE 554

(a) Except as provided in subdivision (b), either the damages sought in an action under this chapter shall be within the limits and coverage of the insurance, or recovery of damages outside the limits or coverage of the insurance shall be waived. A judgment in favor of the plaintiff in the action is enforceable only from the insurance coverage and not against property in the estate.

(b) Where the amount of damages sought in the action exceeds the coverage of the insurance, subdivision (a) does not apply if both of the following conditions are satisfied:

(1) The personal representative is joined as a party to the action.

(2) The plaintiff files a claim in compliance with Section 9390.

PROBATE CODE 555

(a) This chapter does not apply to an action commenced before July 1, 1989.

(b) The applicable law in effect before July 1, 1989, continues to apply to an action commenced before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988.

Do you have advanced questions about Probate in Los Angeles County?  Call Mina Sirkin, Probate Specialist at 818.340.4479 or email us here.

 

 

When trying to obtain a conservatorship in California, you should note the challenges that you may frequently face in Conservatorships in Los Angeles County.   There are several types of challenges that can arise in the process of a conservatorship in California:

• Technical challenges to Conservatorships
• Documentary challenges in Conservatorships
• Conservatorship Family Disputes
• Evidentiary challenges to a Conservatorship

Technical challenges in conservatorships in LA County are usually about whether the right document was filed, and whether there are easier alternatives to a conservatorship that the court should consider before it conserves someone.   Probate Notes put out by the conservatorship court may refer to some of the defects or questions the court may have for the filer.   In the conservatorship papers, your ultimate goal is to have Letters of Conservatorship issued, so each of the notes that the court puts out before the hearing, should be addressed by a supplement to the conservatorship in a pleading.

 

Documentary challenges to conservatorships in Los Angeles are referred to as an objection to the conservatorship or a demurrer to the petition.  Demurrers challenge many issues, as do objections.   The conservatorship judge assigned to your case may give any party who wants to dispute the conservatorship some time to contest the conservatorship.  Missing the deadline to file the objection can effectively knock you out of the case.

 

Family disputes in conservatorships are also a barrier to appointment of a conservator in Los Angeles.   Many times, the conservatee does not want to be conserved.   Lack of consent to the conservatorship is a disputed conservatorship.  The conservatorship judges give every possible chance to the proposed conservatee to protect himself or herself from being conserved.    Due process requires that the proposed conservatee be given a court appointed attorney or an attorney of their choice, and a quick trial date to show that she/he does not need a conservatorship.    Most common though, is the situation where a girlfriend or boyfriend of the conservatee wants to stay involved the conservatee’s life and has been helping him/her, where the family members do not want that.  Family members such as sons or daughters fear that the girlfriend or boyfriend will assume financial control over the disabled adult and use that to his or her own advantage.   Children often face the risk that their parent may be influenced by someone else.   Restraining orders in conservatorships are very common issues and are frequently part and parcel of a conservatorship challenge in Los Angeles.  Family disputes about trusts and conservatorships are the core of mediations in Los Angeles.  If the proposed conservator has a conflict, the court may consider a Guardian Ad Litem in addition to the PVP attorney.

 

Evidentiary challenges to conservatorships are some of the ways that a conservatorship petition can be attacked.    Sometimes, there is insufficient evidence to conserve an elder or adult.   The threshold for creating a conservatorship requires a very high standard of evidence, namely clear and convincing evidence.   Just because you want to conserve someone, it does not mean you can meet the standard.   The capacity declaration by itself is NOT enough to conserve someone in a conservatorship contest.

Consult and call Mina Sirkin, Conservatorship specialist attorney in Los Angeles to discuss your conservatorship problems and challenges by calling 818.340.4479 or email to this link.  Conservatorship Service in Los Angeles County and Ventura County, Westlake Village and Conservatorships for Thousand Oaks Ca residents.

About Mina Sirkin:

Mina Sirkin is a Board Certified Specialist attorney by the State Bar of California in Estate Probate and Trust Law, specializing in litigation of conservatorships and trusts. With over 26 years experience in litigation of conservatorships,  Ms. Sirkin handles complex and high net-worth conservatorships which are litigated in court.   Ms. Sirkin is a media expert and has appeared in CNN, CNBC, NPR, RollingStone.com, KTLA, Inside News, and other media outlets re conservatorships.

#ThousandOaks . #Westlake #LosAngeles #WoodlandHills

 

 

 

 

When handling the legal and personal affairs or the Conservatorship of a disabled child or a disabled parent conservatorship, you can look to our San Fernando Valley law firm to handle all of your conservatorship needs to get you a court order to handle the affairs of your loved ones who lack capacity.  We not only set up the conservatorship Los Angeles but identify all issues pertaining to getting public benefits for disabled persons for conservatorships in Los Angeles County.  What you can expect from our law office is guidance for conservators who are either parents or children of the disabled person.   Getting a conservatorship is a routine part of our practice which has been established for over 26 years in the San Fernando Valley.

When you set an appointment to see us, we will have already communicated with you regarding the process and you will know exactly what to bring with you to the free conservatorship consultation appointment.   We offer different services for elder conservatorships and for younger adult conservatorships.   Limited conservatorships are designed for younger adults whose parents need to take care of them, and those who are clients of the Regional Center.   If you are a resident of the Valley, you should bring with you the name and phone number of the North Valley Regional Center caseworker who is handling your case, so we can communicate with them.

How do you get a conservatorship in Los Angeles?

First, does the person you seek to conserve meet the qualifications?  Is the disabled child or parent able to provide for their own medication, food and shelter?  Is he or she capable of managing their own finances without being taken advantage of by someone else?  Have you been advised by a doctor or the Regional Center that you should look into a conservatorship?   We can help.

When you are seeking an Attorney for Conservatorship of a Disabled Child and Conservatorship for Disabled Parent in the San Fernando Valley, look to our experts.   As members of the San Fernando Valley’s Bar Association, we have handled conservatorship cases, including conservatorship litigation, contested conservatorship and simple conservatorships in an area near you.   Mina Sirkin is a member of the CAC attorneys group appointed by the court with special training in Los Angeles conservatorships.

Our commitment to our clients:

1.  We return your call the same day.  You can always make a 30-minute conservatorship call appointment with us to talk about your case if you need an adult child conservatorship or an older parent conservatorship.
2.  We handle your matter as if it is our own family’s case.
3.  We respect your family’s dynamics and ask about your special conservatorship situation.
4.  Our conservatorship fees are reasonable and disclosed upfront.
5.  Our Board Certified Specialist evaluates you conservatorship problems and offers you the best solutions possible.

Common Conservatorship terminology and their meanings:

The Conservator is the person who takes care of the disabled person.

The disabled person is called a conservatee.

A PVP attorney is an attorney that the court appoints for the conservatee.

Conservatorship costs are put in our fee agreement with you so you know what costs have to be paid to the court at the time of filing.

A Capacity Declaration is a conservatorship court form that has to be completed by a doctor who has examined the disabled child or elder.

What types of things does a conservator arrange?

A conservator arranges for food, medication, safety, housing, leisure, entertainment, money management, asset protection, financial investments, medical appointments and transportation of the conservatee.  Does the conservator have to do those things himself? No, he can hire someone to assist with the case of the conservatee.   Does the conservator use his own money to do the above?  No, the conservator uses the money of the conservatee to pay for things.   Advice from an Attorney for Conservatorship of a Disabled Child and Conservatorship for Disabled Parent in the San Fernando Valley and Los Angeles superbly important to the success of your case.

Who usually retains us to help with conservatorships?

Parents and children are our most frequent clients in conservatorship cases.  If you need an adult child conservatorship or a parent who needs a conservator, we are the right attorneys for your case. We also represent spouses, domestic partners, professional conservators called professional fiduciaries and other family members or friends who want to get help for a disabled person.   Our expertise in conservatorship lets us guide you to get public help for your family member.   At times, clients retain our lawyer to handle matters that are mixes of trusts and conservatorships.  There are times when a case may be more appropriate for the Public Guardian.  We can tell you when that is the case.

How are attorneys fees paid in a conservatorship?  Generally, an attorney requests a retainer from the person who wants to file.  There are times where the attorney agrees to be paid privately, and other times when the attorney agrees to be paid from the conservatorship estate.   Ask us about what is appropriate re costs of conservatorships in LA County.

If you have a health care crisis in the family or need to get urgent help for a disabled adult child or parent who needs someone to make decisions for them, call Sirkin Law Group, P.C., and talk to Mina Sirkin about your special situation.  Call 818.340.4479 or email us: [email protected].

There are many occasions when the conservatorship process in Los Angeles seems to be failing you or your elderly parents.  You must know in advance how the conservatorship timeline is set up so that you can move through the steps of the conservatorship easily.

When you are getting ready to establish a conservatorship for your elderly parents in Los Angeles, you should be mindful of a minefield of problems that can arise at the time of the conservatorship hearing.  Here is a list of some of those problems:

• Lack of proper information on the petition;
• Lack of proper notice to all that must receive a notice and the petition;
• Capacity Declaration that is missing to incomplete, or improperly completed;
• Failure to have the proposed conservator of the estate bonded;
• Missing a court investigator’s report.

When you consult with our conservatorship attorney about Los Angeles matters, you can be assured that we will comb through the data to have all items ready at the time of the hearing.  Conservatorship paperwork is numerous in numbers and requires attention to each item.

Lets Start the Conservatorship Steps in Los Angeles

Begin with obtaining a worksheet from us that helps gathers all the information needed for a conservatorship.   Since there are many conservatorship forms in California, you will want to know exactly what information you will need to complete the forms.   Once you have all the data in place, then you can start the process of completing the conservatorship forms.   You should consider hiring a conservatorship attorney to help you with selecting the right forms.

File a Conservatorship Petition For Your Elderly Parents in Los Angeles California

When you are filing the conservatorship petition in California, note that the form is not super efficient and that there are places where you may not know the answer.   You are under the stress of caring for your parents. When you don’t know the answer or don’t know what form you will need, you need to get an attorney for conservatorship.  Los Angeles conservatorship judges are not very keen on giving more than three continuances to you so that you can complete your case.

Notice to Family Members in Conservatorships in Los Angeles

One of the most common errors people tend to make who file their own conservatorship petitions is that they miss the required notices to the family.  This is not an informal notice. It is a formal notice with a form and a copy of the conservatorship petition papers.  Failing to give notice to family members to the second degree, and to file the notice with the court, can get your conservatorship case derailed in court in LA County.

Getting the Capacity Declaration Completed

The Capacity Declaration is a form that lets the judge know that the person you seek to conserve, is actually incapacitated.   Be sure to have this form filed in court at least 4 days before the hearing.

What to expect at the first Conservatorship Hearing in Los Angeles?

At the first hearing, the court will review the probate notes, and if all matters are cleared, then the judge will ask for the recommendation of the PVP attorney.   Keep in good contact with the PVP attorney who has experience in conservatorships.

The Important Documents to Keep in a Conservatorship

The inventory and the Letters of Conservatorship are both important to keep.  But bank records, cancelled checks and all financial documents of the estate are mandatory for your accounting.

What to do after your are appointed as a conservator?

Keeping good records for the court

Keep excellent track of all income, expenses and assets of the conservatorship.  Get help with investments and get advice by a good consevatorship attorney.

Obtaining great counsel when you have a conservatorship case

When you seek conservatorship counsel and to  resolve conservatorship problems including litigation of conservatorships in Los Angeles County, call Sirkin Law Group, 818.340.4479. Email us: [email protected]

#fileforconservatorship #losagelesconservatorship . #conservatorshipproblems #conservatorshipprocess

In order to appoint a Guardian Ad Litem in Los Angeles California, you must first know the type of  Guardian Ad Litem you will need.  Depending on whether you have a civil case, or a case involving a probate or trust, the forms and procedures for appointment will vary.

When is a Guardian Ad Litem Needed in Los Angeles?

A court in California can appoint a Guardian Ad Litem  to represent the interests of someone who lacks capacity in a case.

Most commonly use, in a civil case, a guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient to appoint a guardian ad litem to represent the person lacking legal capacity to make decisions, or person for whom a conservator has been appointed, notwithstanding that the person may have a guardian or conservator of the estate and may have appeared by the guardian or conservator of the estate.

In a probate and trust case, the court may appoint a Guardian Ad Litem and a Conservator, or a Special Trustee.

What type of Guardian Ad Litem do I need?

A. A civil case Guardian Ad Litem is appointed in civil cases.

b.  A probate or trust case Guardian Ad Litem is appointed in probate and trust cases.  The probate court has a list of Guardian Ad Litems who are appointed.  A party may apply for appointment of a Guardian Ad Litem.

Many people ask us this question:  How do you get a Guardian Ad Litem?

Guardian Ad Litem Forms in California:

In Civil Cases in California, you can apply for appointment of a GAL, and use the civil application to get the Guardian Ad Litem appointed.  Here is a link to the civil form.

In a Probate or Trust case, you can ask for appointment of a GAL, by a.Petition, rather than an  application to the probate Court.  The court can also appoint a GAL on its own motion, if the court deems that necessary.   This it the link to the Probate Guardian Ad Litem Petition form.

Who can I have appointed as a Guardian Ad Litem?

In most cases, you can ask that anyone be appointed as a Guardian Ad Litem, so long as he or she does not have an adverse interest to the incapacitated person.  In Probate cases, the court prefers persons on its own Guardian Ad Litem list, who have training to act as gaurdians ad litem.

Are there differences between a Guardian Ad Litem and a Conservator?

A Guardian Ad Litem generally manages one case.   A Conservator can manage the case, but can also manage the other assets of the conservaee, and his health.   A Guardian Ad Litem cannot make medical decision for an incapacitated person, nor can he sell the property of the incapacitated person, unless there is court order or other instrument that authorizes him to do so.    A Guardian Ad Litem is generally not bonded.   A Conservator of an estate must be bonded.  A Guardian Ad Litem who settles a case, must so settle with a court order and confirmation hearing.    There are cases where there is both a conervator and a guardian ad litem when there re potentials for conflict by the conservator.    Note that conservatorships are broader than appointments of GALs.   The Guardian Ad Litem in only appointed for the administration of litigation of cases.   A conservator on the other hand can manage other aspects of a disabled person’s life.

What happens at the end of the case to the Guardian Ad Litem?

A Guardian Ad Litem who has the power to litigate may settle the case subject to court approval.  If the disabled person dies, a Guardian Ad Litem can ask the court for further authority to complete the case, to deliver the funds to the administrator or executor.

Who pays the fees of a Guardian Ad Litem?

The Guardian Ad Litem applies to the court for his or her fees and the court will order his or her fees to be paid from the assets of the disabled person.

How is a Guardian of the Estate different from a Guardian Ad Litem?

A guardian of the estate when appointed may come into possession of ANY money of the minor.   A Guardian Ad Litem runs a legal case and no more than that.   A Guardian of the estate has more duties than that of a Guardian Ad Litem.

Mina Sirkin is Guardian Ad Litem and a Board Certified Specialist attorney in Probate, Trust Law and Estate Planning.  Mina Sirkin is on the court’s GAL panel and is regularly appointed as a Guardian Ad Litem in Los Angeles.  Call 818.340.4479 or Email: [email protected]