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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

Los Angeles Probate Attorneys

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

A Los Angeles Probate Attorney is a licensed professional who assists families in administering and settling wills, trusts and estates in Los Angeles County Ca. We understand the pressures and difficulties which come about as a result of death of a loved one. Our attorneys have over two decades of experience in facilitating distribution of estate assets to beneficiaries and heirs. We are sympathetic to the needs and stresses of our clients, as well as their budgets. We offer probate mediation, as wells as litigation and trial services, where needed.

The Probate Process

Typically, we assess the assets of a probate estate first. The probate process in California involves filing a petition for probate and publication of a notice in the local newspaper. A probate hearing is then set for the court to initially appoint a probate executor or probate administrator to manage the affairs of a probate estate. Notice to creditors is then given. Assets of the deceased person are marshaled after the appointment of the executor of administrator. The probate process can take 7 months to a year, where there is no litigation. Where there are probate disputes, the process may take much longer. In such cases, mediation is a good alternative to quickly and efficiently close a probate estate. Call our probate lawyers for a free consultation at 818.340.4479.

Mina Sirkin, Attorney: 818.340.4479. (Assistant: Karen Reyes)

Evan Sirkin, Attorney: 818.340.4479. (Assistant: Anthony Reyes)

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Conservatorship Accounting | Failure to File In California | Sirkin Law Group

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

California has strict Conservatorship rules regarding required court ordered Conservatorship Accountings under Probate Code 2620.2. If a Conservator fails to account to the Court, several things may happen as follows:

1. A failure to file a court ordered accounting is deemed contempt under California Law and the Court may fine the Conservator.

2. Most importantly, the Court can do the following:

Remove the Conservator;
Cite the Conservator in Court;
Suspend the Conservator and appoint a Temporary Conservator to take over the assets of the conservatorship, investigate the actions of the suspended or removed conservator, and to file a petition for surcharge of the suspended or removed conservator.
If the Court has not suspended the Conservator, the Court can appoint an attorney for the Conservatee to do the following:

Investigate the actions of the Conservator;
Recommend removal of the Conservator to the Court;
Ask for a blocked account order, or placement with a trust company.

WHY HIRE US?

We specialize. We have over 22 years of experience helping Conservator account in California Court. Call Mina Sirkin, Certified Specialist attorney in Estate Planning, Probate and Trust Law: 818.340.4479.

Appointments Email: Assistant.SirkinLaw@gmail.com.

Our offices are located in: Glendale, Pasadena, Woodland Hills and Los Angeles.

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On: May 31, 2020June 21, 2020 By: admin

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