What is a Los Angeles Probate Court Ex Parte Hearing?

What exactly is a Los Angeles Ex Parte Probate hearing in Los Angeles? Ex Parte means with respect to the interest of one side. In reality, an Ex Parte Probate hearing means that you are given short notice or no notice to act because there is some kind of urgency.

In probate, there are certain situation when the probate court will entertain urgency proceedings by Ex Parte because there is imminent threat of harm or loss. Sometimes, there is urgency in suspending an executor or trustee. Other times, there may be reason to stop a trustee or executor from taking a certain action.

In some cases, when there is a foreclosure pending, estate court judges may also allow a short restraining order against a lender to allow a probate sale to close.

On occasion, the Court may suspend a conservator, make provisional orders to appoint a temporary trustee, executor or conservator to address certain types of issues. Ownership issues are rarely subject of Ex Parte proceedings in estate court in Los Angeles.

While the Court is reinstating operations, Ex Parte hearings are done on paper now, but if the Court wants to set it for a court hearing, you can appear via LaCourtConnect. Here is the link to sign up: http://lacourt.org/lacc/. The middle column is for non-attorneys and the left column is for attorneys to sign up.

If you have been served with an Ex Parte notice and would like to talk to us, please call probate attorney, Mina Sirkin at 818.340.4479 and email [email protected].

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Probate Court Structure Los Angeles as Described By Mina Sirkin, Los Angeles Probate Lawyer

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

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What Information Do I Need for Probate in Los Angeles?

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

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Do you have any rights in probate?

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.

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Representing a Probate Beneficiary in Los Angeles

As an attorney representing a probate beneficiary in Los Angeles, effective monitoring the management of a probate estate in Los Angeles involves obtaining a complete picture of the probate estate for the probate beneficiary in Los Angeles. Probate beneficiaries have rights in California. Los Angeles Probate Court also has local rules regarding the treatment and handling of a probate beneficiary.

In Los Angeles, the Probate Court has its internal attorneys who review documents and product probate notes. Probate Notes in Los Angeles are the Court’s way of asking more information from the party who has filed a probate petition or probate objection.

Your job as a beneficiary of an estate, and the job of your estate attorney is to watch for all deadlines to make sure administrator has filed the required documents, such as an accounting or inventory in a timely way. Things go wrong when the executor has failed to inventory. Slow action by an executor to take over the assets of the estate poses a risk of loss to the estate.

If no accounting has been filed a year from the date of Letters of Administration or Letters (probate), then there is either negligence, malfeasance or some legitimate reason why there is a delay. Your estate counsel should find out the reason and notify you of the next step or next action to take to protect your beneficial rights.

Always check to see if there was a prior conservatorship in place. That can impact the estate and the assets.

Call estate attorney, Mina Sirkin to protect your beneficiary rights as a probate beneficiary in Los Angeles. Call 818.340.4479 or email us here. #ProbateLaweyr #Probate #Lawyer #LosAngelesProbateLawyer #Estate #Beneficiary