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Conservatorship Attorney Woodland Hills Conservatorship for Elders

On: June 2, 2020June 23, 2020 By: admin

BEST WOODLAND HILLS CONSERVATORSHIP ATTORNEY ADVICE REGARDING THE TOP 10 QUESTIONS A LAWYER WOULD ASK TO HELP YOU KNOW WHEN A CONSERVATORSHIP IS NEEDED FOR A LOVED ONE. WoodlandHillsConservatorship.com

Clients in Woodland Hills often ask our conservatorship attorney If a conservator for an elderly, disabled parent, or a disabled child is needed. Below is a checklist we have developed to help you make the decision about when and how to file for conservatroships. Need to protect a family member? Ask our elder law attorney about conservatorships.

1. Can he or she properly administer medication to himself or herself?

2. Can he or she understand the consequence of making a medical decision?

3. Can he or she provide food or shelter for himself?

4. Is he or she easily influenced by others to give away his or her money?

5. Are there signs that he or she cannot be safe when left alone at home?

6. Is he or she bathing himself or herself?

7. Does he or she wear clean clothes or wash his or her clothes?

8. Are there bills that are unpaid?

9. Is he or she forgetful of recent events?

10. Are there people who are trying to take financial advantage of him or her?

WHAT TO DO FIRST WHEN MOST OF THE ANSWERS TO THE ABOVE QUESTIONS ARE YES?

1. Call our office at 818.340.4479 and ask for a call assessment regarding your case.

2. Ask us to give you a Capacity Declaration to be completed by a physician. If your loved one will not submit to a doctor’s examination, please call us.

3. Gather a list of medications and assets of your loved one

4. Set an in-person appointment to go over the Conservatorship Procedures in Los Angeles County.

Call Conservatorship Lawyer, Mina Sirkin, Woodland Hills Conservatorship Attorney at 818.340.4479. WoodlandHillsConservatorship.com . Our Woodland Hills office serves the Woodland Hills, Calabasas, West Hills, Tarzana, Agoura, Chatsworth, Northridge, Canoga Park, Winnetka, Encino, Sherman Oaks, Burbank, North Hollywood, and Westlake Village areas. Conservatorship Attorney Woodland Hills.

SPECIAL NEEDS TRUST ATTORNEY LOS ANGELES

On: June 2, 2020June 23, 2020 By: admin

CREATING A SPECIAL NEEDS TRUST IN LOS ANGELES CALIFORNIA
As special needs attorneys, we gear our planning based on personal experience. When leaving an inheritance to a special needs child, such as one with autism or other disability, much attention should be given to the selection of the trustee and the special needs language as well as the expected cost of living of the child. California Special Needs Lawyers can address each special needs issue specifically and individually.

A Special Needs Trust is then crafted by an attorney to assess and manage inheritances, litigation proceeds, and other resources while maintaining the child’s or disabled adult’s eligibility for the much desired public assistance benefits. Public benefits and limited conservatorship services are available in our Los Angeles County office. Does you autistic child need a conservatorship or a special need trust? Call us. More than one third of autistic people in California live in Los Angeles County according to AutismLa.org.

WHO CAN CREATE A SPECIAL NEEDS TRUST?

Generally, parents or others may fund a third party special needs trust the with resources which they deem appropriate for the trust with some limitations. The Special Needs trust assets are managed by a trustee for the benefit of the child or adult with the disability. On the other hand, first party special needs trusts are created with the assets of the disabled beneficiary, such as litigation proceeds, via a court order.

Government agencies generally honor special needs trusts, but many agencies have imposed stringent rules and regulations upon them. This is why it is of most importance that you, as parents consult an experienced attorney regarding current government benefit programs.

PURPOSE AND GOALS OF A SPECIAL NEEDS TRUST:

1. Maintaining the Special Needs person on government benefit, while they get benefits from the special trust.

2. Providing supplemental help to the special needs person. For example, special needs caregivers, special education costs, special needs tutors, child care, special needs caregiving agencies, special needs planning, special needs support networks, in-home special needs care, and many other things which the government does not pay for can be provided by the special needs trust.

3. A special needs trust is a method of managing the resources of a disabled or special needs minor or adult.

4. Creating peace of mind and certainty of finances for the parents of the special needs child.

TYPES OF SPECIAL NEEDS TRUSTS:

There are generally several types of Special Needs Trusts.

Third Party Special Needs Trust: This type of trust is created by a parent, grandparent or other persons for the benefit of the disabled person. In this type of trust, the parent or grandparent is the grantor. The assets which go into this type of trust come from a third party other than the disabled person.

First Party Special Needs Trust: This type of trust is created for benefit of the disabled individual, often with a court order, and contains repayment provisions for Medi-Cal.   This type of trust can be created by a Conservator/Guardian/ Parent or Grandparent. This type of trust is generally used for litigation proceeds and sometimes for inheritances which were distributed to the disabled person by error. This type of trust is created in a Minor’s Compromise or Disabled Person’s Compromise proceeding.

a)    Litigation and Structured Settlement Special Needs Trusts. (Litigation Special needs Trusts are often combined with Minors Compromise cases and Disabled Person’s Compromise Petitions in California.
b)    Qualified Settlement Trusts.
c)    Litigation Proceeds Special Needs Trusts.

Pooled Trusts: A pooled trust is usually administered by a corporate fiduciary and is used in specific situations where the Medi-Cal or SSI beneficiary is 65 years old and over, or on where appropriate when the beneficiary will be receiving settlement proceeds. This type of trust has a corporate trustee.

Much care must be given to the language of the trust to prevent the loss of the needed services and assistance.

The disabled person is the beneficiary of the trust. The trust is discretionary and the trustee has absolute discretion to determine when and how much the disabled individual should receive. The disabled individual cannot be the trustee of this trust.

A Checklist of important items to know regarding a Third Party Special Needs Trust:

The SNT is established (grantor, settlor) by family members such as parents, grandparents, and sometimes by conservators of parents/ or grandparents.   They are always formed by someone other than the person with the disability.

The SNT assets are managed by a trustee (and successor trustees) and NOT the person with the disability; In fact, the disabled beneficiary cannot be named as trustee of a special needs trust.

The SNT gives the trustee or successor trustee the absolute discretion to provide whatever assistance is needed. This means that no mandatory distributions can be made;

The SNT should prohibit giving the person with the disability more income or resources than permitted by the government;

The SNT is for supplementary purposes only; it should add to items provided by the government benefit program, and should not replace those government benefits;

The terms of the SNT define “supplementary needs” in general terms, as well as in specific terms related to the unique needs of the disabled individual;

The terms of the SNT may provide instructions for the disabled person’s final and funeral arrangement;

The terms of the SNT will determine who should receive the remainder balance of the trust after the disabled person dies;

The creator of the SNT trust determines choices for successor trustees. These can be family members, friends or professional organizations who have the best interest of the person with the disability in mind; and

A Third party SNT is a spendthrift trust and generally protects the trust against creditors or government agencies trying to obtain funds from the disabled person.

There are lots of great local organizations that attend to the needs of special needs children such as AbilityFirst in Woodland Hills and in Los Angeles. We suggest you make a list of all resources available locally and ask about them.

Our offices serve the following areas: Los Angeles Calabasas Woodland Hills West Hills Sherman Oaks Tarzana Northridge North Hollywood Reseda Van Nuys Burbank Glendale West Los Angeles Pasadena Burbank Studio City Granada Hills Chatsworth Encino Simi Thousand Oaks Westlake Village Simi Valley Conejo Valley Camarillo Santa Monica Culver City Venice Agoura Hills Oak Park Irvine.
Call Sirkin Law Group regarding all SPECIAL NEEDS TRUST matters in Los Angeles. Special Needs Trust Attorneys Los Angeles. Call Mina Sirkin: 818.340.4479.

TRUST MEDIATION LOS ANGELES

On: June 2, 2020June 23, 2020 By: admin

Trust and estate cases often intersect and are very suitable for mediation in Los Angeles. Often, when there are issues of recovering assets of a decedent, not only a trust action to recover title to an asset must be filed, under Probate Code 850, but there may be a need to file an estate action to remove the executor as well, if there are assets which are titled under the decedent’s name.

CIRCUMSTANCES INVOLVING RECOVERY OF ASSETS OF A TRUST OR DECEDENT

Typically, there are several categories of actions filed under Probate Code 850:

1. Assets belong to a Decedent but are in someone else’s name.

2. Assets are claimed to belong to someone else, but are in decedent’s name.

3. Assets belong to a Minor or Conservatee,, but are in someone else’s name.

4. Assets belong to a Trust, but are in someone else’s name.

5. Assets are claimed to belong to someone else, but are titled in the name of a trust.

Resolving title issues in Los Angeles can be complex at trial. Common allegations in this type of case may include allegations of elder or dependent adult abuse. When an action to recover title is filed in probate, where it is proven that the assets were taken wrongfully taken, in bad faith, or the facts involve concealment, the law under Probate Code 859 provides for recovery of attorneys fees and costs.

TRUST CONTESTS

Contests involving validity of terms of a trust or amendment, and removal of a trustee also lend themselves well to trust mediation as trial setting times in Los Angeles Courts are more than one year.

HEGGSTAD PETITIONS

Some of the simple recovery actions involve assets which were omitted from having been transferred to a trust by the settlers of the trust. Heggstad Petitions (now 850) can bring assets back into the trust which were accidentally left out by the settlors, often as a result of refinancing, or self-help trust creations.

Mediation of PC 850 actions is usually successful in eliminating the need for expensive litigation and can cut the cost of litigating quickly. Contact Mina Sirkin, Certified Specialist at 818.340.4479, to discuss your Trust Mediation case in Los Angeles.

LIFE INSURANCE INTERPLEADER DISPUTE LOS ANGELES

On: June 2, 2020June 23, 2020 By: admin

WHAT IS A LIFE INSURANCE INTERPLEADER ACTION?

An interpleader action is a lawsuit filed by a life insurance company which is faced with a dispute between two or more claimants of a life insurance policy benefit. This is also true of annuities payable at death. If the insurer is uncertain as to who the true beneficiary of the policy is, then insurer requests that the policy proceeds be interplead in court (money is actually deposited with the court) and that the claimants litigate against each other without the involvement of the life insurance policy. At the end of the interpleader action, the court will then award the policy proceeds to its rightful owner.

WHAT TO DO IF YOU ARE NAMED IN AN INTERPLEADER CASE?

You should immediately contact an attorney to advise you of your rights. There are very strict and short deadlines for you to act once an interpleader has been served on you.

WHAT TO DO IF A MINOR IS ENTITLED TO BENEFITS UNDER A LIFE INSURANCE POLICY?

Minors cannot claim insurance policies on their own as they do not have legal capacity to claim them. In order for a Minor to claim a life insurance policy, a Guardian of the Estate of the Minor has to be appointed by the probate court. A parent or any relative can petition the court for appointment as a guardian.

In an interpleader action, a Guardian Ad Litem may be appointed in an emergency to respond to the pleadings while a Guardian of the Estate is being appointed. We can assist you in being appointed as a guardian.

WHO CAN CLAIM LIFE INSURANCE PROCEEDS FOR A MINOR?

A Guardian of the Estate may claim a life insurance for the benefit of the Minor. In rare cases, where a policy names a custodian for the minor, a Custodian can claim the policy proceeds.

WHAT DOCUMENTS DO YOU NEED TO CLAIM A LIFE INSURANCE POLICY?

1. Obtain two Certified Death Certificates of the insured.

2. Obtain a claim form from the life insurance company.

3. Submit the Death Certificate and the Claim Form to the life insurance company.

If an interpleader action is filed and there is a dispute between two people claiming the policy, call our office to guide you with your interpleader response. Call 818.340.4479 for a Life Insurance Interpleader Attorney in Los Angeles.

ALTERNATIVE DISPUTE RESOLUTION LOS ANGELES PROBATE

On: June 2, 2020June 23, 2020 By: admin

DO YOU WANT TO SETTLE YOUR CASE OUT OF COURT?

Alternative Dispute Resolution (ADR) refers to settling a case outside of court with a mediator. Los Angeles Superior Court no longer has an ADR program. However, Los Angeles County Bar Association and the San Fernando Valley Bar Association have formed a Settlement Officer Program which helps parties resolve cases through settlement officers who volunteer their time in providing mediation services.

Mediations are confidential. Each settlement officer will bring a confidentiality agreement to be signed by the parties before settlement discussions start. Unless parties agree to make the discussions non-confidential, the settlement officer/ mediator will not disclose the contents of his or her discussions with one party, to the opposing party.

If you are looking for private judges, and mediators, the following offer such services in Los Angeles:

ADRSERVICES

JAMS

ARC

There are also other top private mediators who can resolve your trust and probate matters. ADR can be cost efficient and quick. We encourage families with probate, trust or special needs trusts to attend mediation.

Call our Los Angeles Probate Lawyer & Attorney to discuss your case to see if it is a good fit for ADR, (Alternate Dispute Resolution). Call 818-340-4479. Free Probate Consultation.

PROBATE MEDIATION LOS ANGELES

On: June 2, 2020June 24, 2020 By: admin

SETTLEMENTS MADE EASY IN LOS ANGELES PROBATE MATTERS

Trial setting in the Los Angeles Probate Court may take one or two years. Litigants have alternatives in resolving probate and trust cases by agreeing to attend mediation sessions in lieu of litigating. Alternative Dispute Resolution is a term of art used for settling cases outside of court. Settlement agreements can be crafted and negotiated in an informal setting, minimizing the stresses which come about as a result of litigation.

While litigation in probate is expensive and time consuming, mediation is inexpensive and quick.

Instead of waiting years to be heard by a judge, you can submit your matter to a retired judge who is well experienced in probate and trust matters. In Los Angeles County, there are several companies who offer services of retired judges in mediations. Family law cases are also suitable for mediation. Matters involving visitation and custody of children can be informally agreed upon in mediation, which stipulation can then be submitted to the court to become a judgement.

Most Conservatorship and Estate matters are technically family matters. In estates, heirs have common issues, such as who should be an executor, and the amount of appropriate distributions to each heir. Many times, the disputes are not about what is occurring in the estate now, but rather what took place in the family many years ago.

Complex trust and estate matters are best suited for mediation. There are many times where probate estate disputes are mixed with trust litigation, as the decedent left both a will and a trust, and distributions may be different in each instrument. Self-made will and trust documents often pose issues of ambiguity which are simple to fix informally, but very difficult to fix at trials due to strict evidentiary rules.

Lost wills and trusts also pose situations which require flexibility on the part of litigants, and creativity on the part of mediators and attorneys who can discuss simple ways in molding each party’s needs with what can be accomplished outside of court. In mediated trust cases, with the agreement of the beneficiaries, a trust can even be modified after death, with the approval of the court after a successful mediation agreement is drafted.

Probate Litigation Attorneys Los Angeles

On: June 2, 2020June 24, 2020 By: admin

Litigation in Probate Court can be very stressful and expensive. We have created unique ways of helping our clients recover keeping their budgets in mind when representing their interests. Our Probate Litigation attorneys have over 22+ years of experience helping families such as yours in successfully completing trust or probate litigation matters in the Los Angeles Probate Court.

There are several types of common litigation lawsuits in Probate:

1. Will forgery or fraud.

2. Cases involving undue influence where one person obtains a will or a trust by unduly influencing an elder.

3. Recovery of Assets of a decedent.

4. Fraud relating to a will or trust.

5. Cases where a person obtains a will or trust when there is lack of capacity, or diminished capacity by the signor.

6. Cases where an executor or trustee has failed to timely distribute the assets of the decedent.

7. Situations where an executor or trustee failed to account to the beneficiaries or heirs.

Our Certified Specialist Attorney regularly represents clients in trust litigation and probate litigation matters, in Departments 5, 9, 11. 29, 67, and 79 of the Los Angeles Superior Court (probate departments). Our speciality is complex probate litigation matters. If you have a unique situation which requires immediate attention, contact our office at 818.340.4479. Our staff are ready to assist you.

FIDUCIARY DEFENSE AND LITIGATION ATTORNEYS LOS ANGELES

On: June 2, 2020June 24, 2020 By: admin

A fiduciary owes a special duty to the person or entity for whom he or she acts. This is a relationship which imputes trust to the fiduciary. Our Los Angeles fiduciary attorneys help defend fiduciaries and beneficiaries with respect to actions taken. An action against a fiduciary can include a Breach of Fiduciary Duty cause of action, as well as other claims.

Who is a fiduciary in California?

1. Trustees.

2. Executors and Administrators. (Personal Representatives)

3. Conservators.

4. Professional Fiduciaries.

5. Real Estate agents and brokers.

6. Escrow officers.

7. Attorneys.

8. Pension Administrators.

9. Guardians.

10. California Stockbrokers.

11. Investment Advisors.

12. Agents under a power of attorney.

Essentially, as a fiduciary, you hold assets of others and are to protect those assets, and must be able to account for those assets. Many times, trustees and executors are sued for breaches of fiduciary duty. Actions by a trustee or executor and conservator are subject to Court review. If a fiduciary fails in administering the trust, or acts in bad faith, he or she can be personally responsible for the losses to the trust or estate.

In prosecuting and defending a breach of fiduciary duty action, experts generally testify as to the duty as it relates to the facts of the case. Our attorneys can help you determine if a duty exists, and to defend the actions of the fiduciary in good faith. Call our Los Angeles Fiduciary Defense Attorneys at 818.340.4479.

Elder Abuse Mediation Los Angeles

On: June 2, 2020June 24, 2020 By: admin

As baby boomers age, elder abuse cases have increased ten fold in Los Angeles County. Most cases involve allegations of wrongful taking or assisting a wrongful taking or taking for wrongful use. In cases where elder abuse can be proven, the abuser loses the right to inherit from the will or trust of the elder.

Many times, the taking may not be malicious, yet the results are detrimental to the elder. Where families are involved, an agreement to attend mediation in elder abuse cases, can save families and help in speedy recovery to the elder. Mediations can avoid punitive damages and costly trials.

Read our article on tips on how to prevent elder adult financial abuse.

EFFECTIVE PROBATE MEDIATION LOS ANGELES

On: June 2, 2020June 24, 2020 By: admin

Benefits of Mediation:

1. Mediation is a method of resolving probate cases outside of court, without a trial.

2. Mediations save money for parties involved in conflict, because mediation generally costs $5,000 -$6,000 per day, while litigation costs thousands of dollars per month. Most mediations resolve in one day.

3. Mediations reduce stress. Mediations can avoid the stress of countless court hearings, and long depositions.

4. Mediations take the decision-making away from the Court and put it in the hands of the parties to come to an agreement.

5. Mediation agreements can be reduced into stipulated orders very quickly.

6. Mediations leave nothing to chance. All matters are collaboratively agreed upon, and judges and juries do not make the decision for you unless you specifically ask for it.

7. Mediations allow the parties to vent and be heard by a neutral.

8. Mediations save estates and conservatorships for the elderly and their children.

TYPES OF CASES WELL SUITED FOR RESOLUTION IN MEDIATION:

Contested Probate and Trust matters

Contested Conservatorships

Call us for the best way to handle your matter. 818.340.4479