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As a Los Angeles client, once you meet with our skilled staff attorney and obtain advice about Los Angeles conservatorship procedure, you will be able to make a better conservatorship decision at different steps and stages of your Los Angeles parents’ lives.  Statistically, longer life expectancies may mean that you may become a caregiver for your elderly Los Angeles parent who may eventually need a Los Angeles conservatorship or asset protection.  #conservatorships #in #Los #Angeles

As time goes by, you may wonder as a child if you owe any duty of care to your elder parent in California. Below, we will discuss California law regarding conservatorships and care of elderly parents and how one would pay for such care.  To get more information about conservatorships in Los Angeles, contact Mina Sirkin, attorney for elderly parents for advice about conservatorships in Los Angeles at 818.340.4479.

Who is responsible for care of elderly parents in Los Angeles?

1.  If you have started to act as your parent’s caregiver, you will be expected to act with competence.
2.  Your parent may have greater expectations from you, than from a professional care agency.
3.  Your siblings may think that you are inserting yourself in your parent’s life.
4.  If you personally sign any paperwork at a facility, you may have obligated yourself to pay for your parent’s care.
5.  If you fail to conserve your parent, are you may be deemed to be negligent.
6.  How far will informal help go with your parents? Are your parents willing to receive help from you?
7. In conservatorships, your parent’s care gets paid by your parent’s assets, except as provided below.
8. Discuss physical care and financial care with your parents separately.

Unusual California law affecting the support of your elderly parents in Los Angeles:

There are some limited circumstances where the law requires an adult child to pay support for the parent, but if you become a conservator of your parent the care for your parent is paid from his or her own assets.

California even has a Family Code 4400 which states that an adult child may be required to pay for the care of the parent.

“Except as otherwise provided by law, an adult child shall, to the extent of his or her ability, support a parent who is in need and unable to maintain himself or herself by work.”

Do I have to pay to support my parents in California?

Family Code 4401 . The promise of an adult child to pay for necessaries previously furnished to a parent described in Section 4400 is binding.

Further, Family Code 4402 states: The duty of support under this part is cumulative and not in substitution for any other duty.

Who pays for support and caregiving costs in Conservatorships?

By becoming the conservator of your parent, you can protect yourself by having a conservatorship where the court supervises the actions of a conservator and where the care of your parent will be paid for from his or her own assets in a conservatorship. Your parent’s assets generally pay for the support and caregiving costs in conservatorships. If you advance costs of care in a conservatorship, you may ask the court for reimbursement at the time of your conservatorship accounting process. Ask our elder parent attorney about the steps in conservatorships Los Angeles.

How will I pay for my parent’s care in California?

There are many ways with which care can be paid. Here are some of the examples by which elder care may be paid:

1. Personal assets.
2. Long Term Care insurance policies.
3. Long Term Care Medi-Cal.
4. Certain Types of Life Insurance cash values.

Not only the cost of care of elderly parents is an important factor in your determination, but Los Angeles Conservatorship fees and costs are also some of the important variables to consider before you start a conservatorship.  Talk to us before you file for a conservatorship in Los Angeles to avoid possible Los Angeles conservatorship litigation.

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Call our attorney about advice about conservatorships in Los Angeles to consult about your rights and duties to pay for your parent’s care as a child or as a conservator, and also about the cost of conservatorships Los Angeles California. We serve the Los Angeles area with elder care services and aging care issues. Conservatorships related matters in Los Angeles. Call 818.340.4479. We take care of parent conservatorship matters. Count on us for conservatorship advice.

The most important function that a conservator or guardian has, is to protect the person and assets of the individual for whose benefit the guardian or conservator has been appointed. For the same reason, a Woodland Hills conservator’s attorney is there to advise the conservator of legal aspects of working as a conservator.

Here is a short-list of what a conservatorship attorney can do to help a guardian or conservator carry out the duties of the guardian:

1. Advise regarding setting up books and records per the court rules.
2. Helping with compliance with the bond and inventory issues.
3. Getting you ready for your accounting.
4. Advise the guardian re what NOT to do in an estate.
5. Connect you to competent professionals, caregivers etc to help you with your duties.
6. Connect you with a CPA who handles conservatorship and guardianship matters.
7. We help you figure out how to pay the conservatorship fees with a court order after you are appointed.

Sometimes making a decision not to act as a conservator may be beneficiary, in which case you can consider the use of a private conservator or professional conservator for your loved one. Ask us how you may be able to communicate with a professional conservator.

When you are trying to determine if you are the right person as a conservator, we can guide you as to the best solutions and choices. Ask us to refer you to the right professional conservator or professional fiduciary, if you have been referred to one. #woodland #hills

Our conservators’ attorney can get you the legal help you need if you are a guardian or a conservator and get you through the Los Angeles Probate court system faster. Call Mina Sirkin at 818.340.4479 or email us [email protected] for more legal help. #conservatorship #conservatorships #losangeles #professional #fiduciary #woodlandhills #conservator #Los #Angeles #Conservator #Guardian

The probate departments in the Stanley Mosk Los Angeles Probate Court work together to supervise the administration of Probate and Estate services in Los Angeles County, where people are often served by our Los Angeles Probate Lawyer, Mina Sirkin. Probate in general works to conserve the trusts and estates of deceased individuals, and handles hearings related to probate, trust, conservatorship and guardianships. While the Probate Court is a court of general jurisdiction, it does not handle civil matters, unless they are connected to a probate or trust case. Appeals from the Superior Court’s probate decisions are handled by the Court of Appeal in California.

Payment of probate creditor claims and payments to beneficiaries and heir in probate and the enforcement timely distribution of estates and trusts to the determined heirs/beneficiaries is the function of the Superior Court.

As an integral part of the trust management team, the Probate departments supervise the fiduciary duties of executors and administrators, as well as trustees, conservators and guardians in California.

The Probate Court is committed to supporting the mission, goals, objectives, and initiatives of California’s Probate Law. It also holds itself to a high level of integrity and standards in performing and carrying out its duties and functions in order to provide quality services to its beneficiaries and the public. The Probate Court also supervises the sale of real estate and manages disputes about heirship procedures.

To talk to us about your Probate questions, get straight forward answers about the Probate Court by calling Mina Sirkin, Probate Lawyer in Los Angeles at 818.340.4479

#Probate #Court #Los #Angeles . #los Angeles Probate Lawyer

To start a Probate in Los Angeles, you need the following information. Here is a list of Probate Information to gather before you start the probate process:

1. Decedent’s name, including any aliases.
2. Decedent’s last known address. The place of residence at the time of death governs where the probate petition must be filed.
3. You will need the Decedent’s Certified Death Certificate.
4. Please gather names and addresses of known relatives: Parents, Spouse, Children, Siblings of the decedent. If any person is deceased but leaves a child, please tell us.
5. A list of decedent’s known property. A bond needs to be issued for all liquid assets of the decedent, plus annual interest on income of the assets.
6. The name of the person who wants to be the personal representative, and their relationship to the decedent.
7. If there is a will or trust, please provide us with the originals of those documents.
8. Find out the social security number of the decedent.
9. Any information about the Decedent’s banks and CPA is also very helpful.
10. Gather information about the Decedent’s home and let us know if anyone lives there.

Once you have the above information, please call us for a free consultation and to obtain more information about probate in Los Angeles California. Call Mina Sirkin, Probate Attorney at 818.340.4479

#LosAngeles #Probate #Information #Los #Angeles

Your rights in probate depend on several factors. When determining a beneficiary’s rights in an estate, we evaluate the following:

1. We review the will to determine whether the prospective client has direct rights as a beneficiary of a specific gift or residue, or if the client is a contingent beneficiary.
2. Due diligence is exercised when reviewing the inventory of an estate for discrepancies between the inventory and the accounting.
3. Timing of the distributions from an estate tie into the rights of an heir or beneficiary in the probate estate. A late accounting and a late distribution are sometimes signs of trouble in an estate.
4. You have a right to an accounting unless the will provides otherwise, and if the court determines that either you were paid in full, or that you do not have the required standing to request one.
5. If an executor or administrator requests that you waive your accounting right, you should talk to an attorney to determine if that is in your best interest. Don’t sign any document before talking with an attorney, and retaining one to review the documents.
6. You do have a reasonable right to information in probate. You can request special notice in a probate estate to get information about all court filings.

Mina Sirkin advises clients about their rights in probate in Los Angeles California. Call 818.340.4479 for appointments.

#probate #rights #losangeles #Los #Angeles