Often, people do things that result in trust litigation, regardless of understanding their ultimate outcome. At Sirkin Law Group, our specialist attorney in trust litigation discusses what people do which can effectively interfere with their true intentions in their trusts.
What are the 16 things people do that result in Trust Litigation:
- Believing that one child needs more than the others.
- Believing that the kids will work it out among themselves.
- Making an amendment to a trust shortly after an illness.
- Believing that your children will never get divorced.
- Trying to punish the kids that don’t visit often with your estate planning decisions.
- Compensating a child for caregiving without saying why in your trust or will.
- Giving your caregiver money or gifts in your trust or will without getting an independent review.
- Changing your will or trust too many times.
- instructing that your house should not be sold in a trust or in a will.
- Failing to recognize that your daughter-in-law or son-in-law can influence your child’s decision about your trust.
- Not providing for what happens if a child dies without leaving kids.
- Creating an impossible life estate situation.
- Not considering the possibility of outliving your money, but wanting to leave the house to one child.
- Getting roped into saving a few dollars with online trusts.
- Not providing for special needs of a child or grandchild in a special needs trust.
- Leaving a business asset to one child, while trying to equalize the rest of the estate, without providing a formula.
Talk to our Mina Sirkin provides specialist trust services in Los Angeles advising clients about things that create trust litigation. Ms. Sirkin is Board Certified as a Specialist in Trust, Probate and Estate Planning in California. Call Trust Attorney, Mina Sirkin: 818-340-4479
In California, any of the below persons can start the probate process, in the order of priority below:
- A person named as an executor or personal representative in a will can start probate.
- A spouse.
- A child.
- Parents of the deceased person.
- Siblings of the deceased person.
- Heirs or relatives.
- The Public Guardian.
- A Conservator.
- A Professional Fiduciary;
- and Even a creditor can start probate in California.
To obtain legal advice about who start probate in California, call Mina Sirkin, Probate Attorney at 818-340-4479.
The petition for determination of validity a lost trust and its construction can be filed in California.
Those persons with knowledge of the terms of the trust, may submit testimony of their
recollections, and if the court agrees with the construction, the trust may be constructed, even if lost.
Litigating a Lost Trust in California: Our Certified Specialist, Mina Sirkin can assist you in matters involving construction of lost trusts in California. Contact our office at 818.340.4479 or Email: Info@SirkinLaw.com for an appointment.
Most people wonder if the Court will admit a lost will in California. In California, a lost will can be admitted, as long as certain criteria are met. If you are faced with a situation where only a copy of will is found, call us and we will advise you as to whether it can be used in a probate proceeding in Los Angeles County.
We have litigation many cases where e a will was lost. Active as attorneys since 1992 strictly in the areas of wills, trusts and probate, we specialize in unusual and complex probate cases in Los Angeles.
8223. The petition for probate of a lost or destroyed will shall
include a written statement of the testamentary words or their
substance. If the will is proved, the provisions of the will shall be
set forth in the order admitting the will to probate.
Lost wills and holographic wills (handwritten wills) pose special challenges in admission in court. Legal advice is necessary to determine if a lost will can be admitted in California.
Lost Wills Attorney: Call Mina Sirkin probate attorney, to discuss a lost will with our attorney: 818,340.4479