Tag: Los Angeles

16 Things People Do Which Result In Trust Litigation

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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:

  1. Believing that one child needs more than the others.
  2. Believing that the kids will work it out among themselves.
  3. Making an amendment to a trust shortly after an illness.
  4. Believing that your children will never get divorced.
  5. Trying to punish the kids that don’t visit often with your estate planning decisions.
  6. Compensating a child for caregiving without saying why in your trust or will.
  7. Giving your caregiver money or gifts in your trust or will without getting an independent review.
  8. Changing your will or trust too many times.
  9. instructing that your house should not be sold in a trust or in a will.
  10. Failing to recognize that your daughter-in-law or son-in-law can influence your child’s decision about your trust.
  11. Not providing for what happens if a child dies without leaving kids.
  12. Creating an impossible life estate situation.
  13. Not considering the possibility of outliving your money, but wanting to leave the house to one child.
  14. Getting roped into saving a few dollars with online trusts.
  15. Not providing for special needs of a child or grandchild in a special needs trust.
  16. 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

Is Your Inheritance Disputed? Los Angeles California Estate Attorneys

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What are the changes that your inheritance will be disputed?

Disputed inheritances in Los Angeles can take many different forms.   First, someone may claim that you unduly influenced your parent to receive more than your fair share.  At times, someone may argue that your parent’s judgment was compromised due to lack of capacity.   These disputes may even contain allegations of fraud or mistake.  None of those inheritance disputes have much impact unless they end up in the probate court.

What to do about a disputed inheritance?

To protect yourself from baseless allegations, if your parent has told you that he/ she wants to disinherit your siblings, you may want to ask them why.  You should not take your parent to a lawyer, nor should you be present during a meeting between your parent and the lawyer, to give them privacy.

Kids sometimes ask us if they should drive the parent to the lawyer’s office.  It is best, if your parent takes a taxi, and it is best if you are not driving them to a law office to their estate planning attorney.  Your taking them there just does not look good.

Finding a lawyer to defend your inheritance is about finding out how has over 20 years of experience in the field.  Young lawyers simply have not seen enough variety of cases to be able to adequately manage your case.   You should not be lured by low fees, as they are indicators of lack of experience.

Mina Sirkin is a veteran trust and estate lawyer in Los Angeles, with more than 25 years in experience in disputed inheritances in Los Angeles.   Call 818.340.4479 or for more information, email: info@sirkinlaw.com

 

Inheritance Disputes in Los Angeles

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In Los Angeles, Inheritance disputes generally arise after a person dies, and the range of inheritance law disputes can be very broad.  In disputes case involving inheritances, the disputes usually have arisen long before the actual inheritance battles begin, and often during the life of the parent or the deceased person.   Often, they rift is deeply rooted in old feelings among the parties. Some of the disputes involving inheritances can include:

  1. Whether a disputed property should be sold;
  2. Who should inherit the assets?
  3. Whether someone should be entitled to live in the property;
  4. When does the property get sold, and at what price.
  5. Who gets the personal property of the decedent?
  6. Rights of second spouses to the estate.
  7. Determination of application of prenuptial agreements to estate assets.
  8. Determination of rights of third parties to assets of decedent.
  9. Determination of rights of the decedent to assets in hands of others.

We are here to assist you with all aspects of inheritance disputes in Los Angeles.  Contact: Mina Sirkin at 818.340.4479 inheritance law attorney in Los Angeles County for a free estate and inheritance consultation.

 

Living Trust Discount AARP

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AARP DISCOUNTS PROMOTION LOS ANGELES COUNTY:

AARP MEMBERS ONLY.

OFFER EXPIRES 11-18-17, WOODLAND HILLS OFFICE ONLY

LIVING TRUST PACKAGES INCLUDE:

LIVING TRUST

POUR-OVER WILL

DURABLE POWER OF ATTORNEY (Assets)

ADVANCE HEALTH CARE DIRECTIVE

MEMORANDUM OF TRANSFER

PREPARATION OF 1 GRANT DEED TRANSFER TO TRUST

PERSONAL PROPERTY TRANSFER & ASSIGNMENT

HIPAA RELEASE & AUTHORIZATION FOR DISCLOSURE OF HEALTH CARE INFORMATION

NOMINATION OF GUARDIANS (For Families With Minor Children)

TRUST TRANSFER INSTRUCTIONS FOR BANKS & FINANCIAL INSTITUTIONS

FUNDING LETTER OF INSTRUCTIONS FOR ASSETS

CERTIFICATION OF TRUST

AARP DISCOUNT LIMITED TIME OFFER:

$500 off our regular prices.

 

**Does not include special needs trusts for disabled beneficiaries, or sophisticated trusts.  Package is a special limited time offer.

Expires:  November 18, 2017

WOODLAND HILLS OFFICE ONLY

CALL: 818.340.4479 Mention this promotion

You can make your appointment for any day after the expiration of the ad, but your call must arrive before 11-18-17 5p.

Inheritance Disputes

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In Los Angeles, Inheritance disputes generally arise after a person dies, and the range of disputes can be very broad.  In many cases, the disputes have arisen long before the inheritance battles begin, and often during the life of the parent or the deceased person.   Some of the disputes involving inheritances can include:

  1. Whether a property should be sold;
  2. Who should inherit the assets?
  3. Whether someone should be entitled to live in the property;
  4. When does the property get sold, and at what price.
  5. Who gets the personal property of the decedent?
  6. Rights of second spouses to the estate.
  7. Determination of application of prenuptial agreements to estate assets.
  8. Determination of rights of third parties to assets of decedent.
  9. Determination of rights of the decedent to assets in hands of others.

We are here to assist you with all aspects of inheritance disputes in Los Angeles. To talk to us about disputes involving inheritances, call: Mina Sirkin at 818.340.4479 fro a free probate, estate and inheritance consultation in Los Angeles County.

 

Probate Attorney Los Angeles

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When do you need to hire a probate attorney in Los Angeles?

A probate attorney should be hired when you need to transfer assets of a decedent to his/ her heirs.  Many times, our Los Angeles based clients need assistance with determining whether a probate filing is needed.  We start our client interview with determining what assets exist, and whether there are any assets which will pass outside of probate.

Assets which pass by contract, usually do not go through probate.  Examples of such an asset may be a life insurance which has a beneficiary.  If the beneficiary of the life insurance is deceased, and no contingent beneficiary was named in the policy, the asset may end in a probate case, but those types of cases are rate.

Other types of assets which do not go through probate are bank accounts which have beneficiaries named in the account records.

To find out whether a particular estate actually needs probate, call Probate Attorney Los Angeles, Mina Sirkin at 818.340.4479 or Email us at: info@sirkinlaw.com.

Lost Trust

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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.

Heir Attorney Los Angeles

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The lawyers at Sirkin Law Group, P.C. are trained as heir attorneys in Los Angeles.   We represent the interests of estate heirs in estate and trust litigation in Los Angeles, CA.    California Estate issues are often complicated.  Many times, the estate heirs need attorneys to protect their inheritance from trustees and executors.

Non-performance and slow performance by Executors:   When an executor or trustee is also a beneficiary, there can be a conflict of interest which prevents the executor or trustee to complying with his /her duty of loyalty.   Sometimes, an executor would like to buy out the shares of other beneficiaries.  Other times, the personal interests of the executor or trustee get in the way of proper administration of the estate or trust.

Contact us to discuss how your executor or trustee is performing.  We can give you guidance on how to protect your interests as heirs and beneficiaries.