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Contact Us: Info@SirkinLaw.com
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handled the estate of my brother. This was most difficult since my
brother lived in Venice California and I live in Yardley, Pennsylvania.
From the out set Mina Sirkin provided me with all the information I
needed to understand the legal aspects as well as my obligations. All
matters throughout the probate process were handled very
professionally, yet with care and concern for me the client. Most
outstanding was the very efficient and effective way the legal problems
and issues were handled, always with a very positive outcome for me the
client. I am most appreciative that the entire probate process was
handled without the need for me to make a trip to California.
What particularly distinguishes the services I received from the Sirkin
law firm was the expert advice I received in a timely manner on all the
numerous related details that I needed to attend to to settle the estate. They were honorable in all
their dealings, and most importantly in their billing.
I would certainly use the services of the Sirkin law firm in the future
and have no hesitation in recommending their services to relatives,
friends and acquaintances.” Herb. S.
Angeles Probate Lawyer; Los Angeles Estate Planning,
Wills and Trusts; Elder Law
“I have known
Mina Sirkin for seven years. Mina is a life long learner, who puts the
time and effort into staying on top of current events for estate law.
This type of approach is very important for navigating the current
times we are in; massive volatility in finances with commensurate
changes in estate valuations which is
coupled with unknown estate tax laws driven by the recent changes in
government. You need someone who can help you address this uncertainty,
rather than use a business-as-usual approach." Brad W.
Our Los Angeles probate attorney team can
help you administer California Probate and Living Trust Estates in
accordance with California Probate Law and the California Probate Code.
We practice in all California Probate courts.
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Los Angeles Probate : Sirkin & Sirkin
started their practice in Los
Angeles, California in 1993, serving the Los Angeles community with wills,
trust, estate planning and conservatorship law services.
Our law firm provides expert legal advice and service in relationship
to Probate litigation, Trust litigation, and Conservatorships in all
Los Angeles courts. Probate
law is our expertise. When needing advice regarding simple or complex
probate matters, we are your source to finding top solutions. Our
Los Angeles Probate
attorneys only practice in
probate, estate, conservatorship and trust litigation related matters.
Our lawyers can assist
you in obtaining the best results whether in litigation, mediation,
trial, or in settlement of trust and probate disputes.
Download the Los
Angeles Probate Guidelines here.
Ask our Los Angeles Probate Lawyer to help
you with your probate case. Our expert Los
Angeles Trust Attorney, and our California Trust Lawyer and Probate
Attorney are ready to assist you with planning your estate and
providing you with our best service in connection with protection of
your estate and living trust. We are readily familiar with California
Laws and can advise you regarding Probate law in California. Our goal
is to provide you and your family with peace of mind in knowing your
estate plan and family wealth is protected and will be distributed to
your heirs and beneficiaries in accordance with your wishes. Probate Law Lawyers.
Our Los Angeles Trust Lawyer can provide
pertinent advice in determining the right estate planning tools for
your family. Our California Probate lawyer serves all of Los Angeles
County Superior Probate Courts, as well as several other counties in
California. Our main office is located in Woodland Hills, California,
which serves all of Los Angeles, and the San Fernando Valley. We have several locations in Los Angeles. Our clients contact our
lawyer and attorney for advice on trusts, wills, probate and estate
matters. Our probate and trust litigation
counsel handle trials and mediations to suit your particular situation.
Call to meet our Los
Angeles Probate Lawyer today. Trust Attorney
California Trust Law
California Probate Law
Admission of Holographic Will or
Probate Estate Administration
Probate of Estate with Running Businesses
Estate Planning & Trust Administration
Power of Attorney & Advance Healthcare
Elder Law and Living Trust Preparation and
Lawyer Los Angeles: We help families with elder members with
dementia who need care and legal planning.
Protection: We assist elders whose assets are at risk, but
implementing trusts and instruments to prevent undue influence and
Will & Trust Modifications
Trust Amendment & Court Ordered Trust
Modifications of Irrevocable Trusts
Probate & Trust Litigation, Will
Irrevocable Trust Planning
Special Needs Trust Planning
California Conservatorship Law Los Angeles
California Guardianship & Minors'
Elder Litigation, Elder Asset Protection
Insurance and Pension Beneficiary Dispute
Resolution Los Angeles
Medi-Cal Planning and Special Needs Trust
Probate Practice Administrator
MEET OUR LOS ANGELES PROBATE LAWYERS
Mina N. Sirkin is a Board Certified Specialist attorney
in the areas of Estate Planning, Probate and Trust Law by the State Bar
of California Board of Legal Specialization.
Call today to meet our California Probate Lawyers
Evan R. Sirkin is an experienced Estate Planning, and
Trust Lawyer. Mr. Sirkin mediates Probate and Trust matters, and has
served as a probate and trust mediator for over 20 years.
Marilyn Mamann (1946-2010).
We are members of the Trust and Estates
Section of the State Bar of California, the American Bar Association,
the Trusts and Estates Section of the Los Angeles County Bar
Association, Trusts & Estates Section of the Beverly Hills Bar
Association, and the San Fernando Valley Bar Association.
Probate Lawyers & Counselors
Our Los Angeles Probate Lawyers are
experienced in filing Probate Petitions, and in interpreting nuances of
the the California Probate law. Whether an
estate needs to be probated depends entirely on the nature and size of
the decedent's assets. Ask our California Probate Lawyers about your
particular situation. Providing guidance in estate and probate matters
enables our firm to serve families of decedents by alleviating
conflicts, and unburdening the family which
would otherwise wade through a tremendous amount of paper in an area
which requires daily contact with beneficiaries, and courts. Email us here to request a Probate Fee
Schedule and Retainer Agreement.
Angeles Probate Attorney
Los Angeles Probate Attorney, Mina Sirkin
is routinely present in probate hearings in the following Los Angeles
Probate Court departments: Departments 5, 9, 29, 11, 67, 79, and 99 of
the Los Angeles
Superior Court (Downtown). Additionally, we are able to handle
probate hearings in all Courts of the State of California.
As of June 5, 2017, the Los Angeles
Probate Court requires electronic filings for attorneys. We
can assist you in filing documents quickly and efficiently in Los
Angeles. To check the status or case summary of an existing
probate case see Probate
Case Summary. Probate Notes
are the Court's way of asking for more information from the
litigants. We can help you comply with the probate notes in Los
Court in Los Angeles also has
numerous local rules within the County. We can assist you in preparing
your probate documents and papers.
If you are unsure where to file your
probate papers, or what
document you should file, or if you are faced with objections
presented in a probate case, we are your resource and can advise you
facts and law which can change the course
of your case.
ARE PROBATE FEES AND COSTS IN LOS ANGELES?
Normal Probate Fees are commonly charged
based on a California law or statute, called Statutory Fees. You
can view examples of probate fees on our probate fee schedule.
If you have probate litigation, court confirmed sales, or tax matters,
there are additional charges called Extra-Ordinary Fees.
Our ordinary probate fees
are calculated based on the California Statutory Fee laws. Click here to ask us about
our probate retainer process.
PROBATE LAWYER : PROBATE LAWYERS CALIFORNIA
While California Probate laws are intended
to be uniform, each county in California also has local probate rules
and are generally intended to protect beneficiaries. Local probate
rules can differ from county to county within California. Each
member of our California Probate Lawyer team is
familiar with the local probate rules and can assist you in your
in all California counties.
LOS ANGELES PROBATE ESTATE ADMINISTRATION
Estate administration in Los Angeles is a
complicated process. There are deadlines to file the
will in court, as are deadlines in preparing the inventory, creditor
claims, and accountings. We can make the estate
administration process simple for you.
LOS ANGELES ESTATE PLANNING LAWYER
Creation and administration
of living trusts (Revocable Trusts) has become a very important aspect
of the legal practice of estate planning in Los Angeles. The
courts in California are not
equipped with the time resources for the generation of baby boomers
which are approaching their later years. Each of our estate
planning lawyer team members have over 25 years of experience in
preparing estate plans and administering them.
Creating your estate plan
and family trust
takes a few simple steps and can preserve and protect your hard earned
money and assets for
your loved ones. Our Ca Trust and Probate Law & Estate Planning
Lawyers in Los Angeles
advise you based on your family and life goals.
Our firm philosophy is based on four life
goals for our clients:
1. Form a Family
Trust (Revocable Trust)
2. Fund your
your Family Trust updated.
Successor Trustee distribute the Family Trust assets without
Administration Attorney in Los Angeles
Administration of estate
plans is a routine part of our practice. A Living Trust can help
allowing the family to privately administer and distribute the assets
of the decedent in the most economic and time efficient manner. The
process of creating a trust generally takes two appointments, a small
effort to avoid the process of probate. To request a family information
package which lists the documents
which you need to create a California Living Trust, click this link and
we will be happy to email or mail you our family information package.
Our Los Angeles Trust Attorney handles estate planning and trust
administration matters. Our Living Trust Lawyers can assist you in
protecting your family and your loved ones from the expenses of
Probate. Call our law office for more information and ask for an
appointment with our Wealth Protection Lawyers. Click here for our Trust Administration
Information Kit here.
OF REVIEWS, AMENDMENTS & MODIFICATIONS OF TRUSTS:
laws change, so should your estate plan to reflect the latest changes
in the law and your life."
We commonly review old trusts
prepared by other law firms and bring them up-to-date or amend
Modifying your estate plan after death of a settlor or trustee is
technical and should not be done without an attorney. Please let
us know in advance if you have an existing trust
which needs a review. As long as a trust is
revocable, it can be amended and updated. If a trust has
become irrevocable, there are other available methods to modify it by
Normally, the family trust provides for
the method of revocation or amendment to the trust. These requirements
have to be met exactly for the amendment to be effective.
Email here to ask us about creating or
updating a family trust.
WILLS, INTESTACY & TRUSTS
& TRUST ADMINISTRATION IN LOS
While many firms prepare living trusts,
there are few which settle or administer
living trusts. Trust administration after death is as important, if not
more important, than the creation of the trust. Many small details can
derail the proper distribution of the trust assets and we are equipped
to handle the administration as well as the creation of trusts with
ease and expertise. We are here for you during life and maintain a
life-long relationship with you and your family. Our Wealth Protection
Lawyers can assist your heirs in continuous protection of your
hard-earned wealth. Our Los Angeles Trust Administration Lawyers have
represented four generations of clients in wealth planning and can
provide help during a very difficult time.
Click here to obtain information on
administering a trust after death of a trustor.
CALIFORNIA WILL CONTEST ATTORNEY IN LOS
and Estate Litigation
When describing their case, clients often
ask:"Is it a will contest, or trust litigation?" The answer
is: Sometimes, a case involves both a will contest, and trust
litigation. Questioning the validity of a trust or amendment, sometimes
leads to filing a will contest as well. Often,
beneficiaries and estate
administrators or trustees do not agree
on the manner of distribution of estates. Litigation in the Trust and
Probate areas is complicated by the duality of the probate and trust
proceedings. We litigate both in the trust and probate areas and settle
matters appropriately. Los Angeles Probate Courts are now encouraging
parties to enter the mediation process in order to streamline and
assist parties in settling the matters which
affect families of decedents. Our California Will Contest attorney can
you in planning your case in Los Angeles. Effective preparation of a
will contest case
for trial is a necessary element of a successful mediation. Serving our
client means a committed review of all facts and the probate and trust
laws and advising our clients of the manner in which the case can be
most effectively handled.
Email us here if you need
information on how
to retain us as your will contest or trust litigation counsel.
Lawyer in Los Angeles
Some examples of beneficiary disputes may
be where a beneficiary has a disagreement with another potential
beneficiary over what asset should be in the probate estate or trust
estate. Others involve designations of beneficiaries when the principal
lacked capacity or was unduly influenced to execute beneficiary
designation forms after an illness.
If a beneficiary form has been altered,
there may be multiple causes of action arising from such an action. It
becomes extremely important to seek counsel immediately upon discovery
of such an event to allow for filing of an action to freeze the
beneficiary account or policies which would
otherwise be distributed by law. Will contests and trust contests are
common litigation tools in this area.
At times, there may be disputes between a
beneficiary and a successor trustee or executor where the trustee fails
to make timely distributions before or after an accounting.
Email us here if you need information on a
beneficiary form dispute case.
California Attorney for
Trust & Probate
a trustee or probate executor failed
to give you an accounting? We can ask the court for a petition ordering
the executor or trustee to account. Statute of Limitations for breaches
of fiduciary duty are short and require immediate action by
beneficiaries to obtain accountings.
Accounting actions may arise in of the
1. When a Probate Executor or
Administrator fails to account.
2. When a Probate Executor or
Administrator accounts but the accounting is objectionable because it
is incomplete and/or inaccurate.
3. When a trustee fails to account.
4. When a trustee accounts but the
accounting is objectionable because it is incomplete and/ or
5. When an agent under a power of attorney
document fails to account.
6. When an agent under a power of attorney
accounts, but the accounting is incomplete or is inaccurate.
7. When a guardian of estate fails to
8. When a guardian of estate accounts but
the accounting is objectionable because it is incomplete and/or
9. When you believe there is an asset which the fiduciary had to inventory and
account for and has failed to show that asset on an accounting.
When a probate executor or trustee becomes incapacitated or dies, and
has failed to do an accounting, an action to compel an accounting may
be filed, and will be ordered by the court.
Click here to receive more information on
Breach of Fiduciary Litigation Attorney
We represent beneficiaries in contested
accounting matters where there are questionable actions taken by a
trustee, executor or administrator. Our goal is to assist our clients
with recovery of estate and trust assets from the fiduciary. By the
same token, we are able to defend fiduciaries where the former trustee
or administrator is sued by a beneficiary. If you are an out-of-state
fiduciary or beneficiary and need representation, our Los Angeles
Lawyers are able to evaluate and consult in your case to prevent
and redress any breaches of fiduciary duty.
Missing inventories, mismanaged trusts,
estates, conservatorships, Power of Attorney cases, and guardianships
all fall under this category. California holds the fiduciaries to the
Prudent Investor Rules and this area has become a growing area of
litigation in the last few years.
Click here to have us evaluate your Breach
of Fiduciary Duty Case.
Most people question whether traditional
wills are still used in estate planning. The type of will which is created with a trust
referred to as a Pour Over Will, which is different than the
traditional wills. There are times where the traditional can be used.
Additionally, where a client requires court supervision of
distribution, the traditional will is still a viable
instrument. Wills and trusts are usually integrated and our
attorney can help you implement and integrate both in your estate
plan. Wills and Trusts attorneys help clients with finding ways
to avoid probate. Family dynamics are considered when
planning for a will or trust.
Los Angeles Special Needs
are several goals that can be accomplished with a Special Needs Trust.
1) Providing for a person to care for the needs of the disabled person;
2) Insuring that the disabled individual will qualify for SSI, and Medi-Cal, should the need arise, and still be
able to inherit assets or use litigation proceeds; 3) Providing for the
extras that the government does not otherwise provide for the disabled
person. If you have concerns about a disabled person's future, consult
us, regarding creation and implementation of a California Special Needs
Trust. Click here to request our Free Special
Needs Family Kit here.
here to read more about special needs planning.
Los Angeles California
Conservatorship serves two functions: 1) help the elderly manage
their persona life; and 2) Prevent the elderly from giving away their
assets to unscrupulous individuals, and sometimes, family members. The
California Conservatorship procedure is intended
to assist families whose loved ones are incapacitated. A
Conservatorship of a person allows the conservator to make all medical
decisions for the incapacitated person, A Conservatorship of the Estate
is obtained to manage the financial aspects of the incapacitated
persons life. This process is most appropriate for any person who is is
no longer able to make decisions, such as
Alzheimer's and dementia patients. A will or trust can be created for
the incapacitated person within a conservatorship. We help
family members protect the elderly, and prevent other
family members from reaching the assets of the elder for their personal
When you become our client
as a California Conservator, you will watch our trademarked
Conservatorship Training ® video presentation and take our
Conservatorship E-Course ® in addition to the personal and hands-on
advice from our conservatorship attorney. Get a conservatorship
in Los Angeles California.
Read Our Article regarding
We can assist you in both probate full
conservatorship of estate and person or in the Developmentally
Disabled Conservatorships in limited conservatorships.
The most important decision you will make
as a parent of a minor child is to name the right guardian for him or
her in your absence. In fact, selecting the right guardian or the wrong
guardian can forever change the course of your child's life. Family
protection can be easy if you follow our recommended course of action.
Who is best suited to act as a guardian can be determined by developing a list of
potential guardians, matching them to your list of values, obtaining
permission from the guardians to act, and implementing a nomination.
An anti-nomination clause can be used to prevent appointment of people
you absolutely would not want as guardians of your child. We have
automated that process for you to make sure your children will never be
at the mercy of the courts in selecting someone other than the
person(s) you would select.
Email us here for questions
about a guardianship.
The affairs of Minors and their assets are
managed in guardianships. Guardianship matters usually involve one of
several situations: When a parent is deceased and a minor is in need of
an alternate person who can make decisions on his or her behalf; When
there is no parent who can make decisions for a minor. When minors are
disabled and receive litigation proceeds or inherit, guardianships are
created to assist in managing the assets of the minor. California
Probate Code requires that assets of the minor be placed in blocked
accounts, or a bond be issued for the guardian.
Guardians can be categorized in two
Guardian of Estate: This a person who manages the assets or
money of a minor.
Guardian of Person: This is a person with whom the minor
will live if the parents are deceased.
Click here to obtain more information on
conservatorships or guardianships in California.
Family Limited Partnerships: This entity is
useful for estate tax planning purposes as well as asset protection
purposes. Many people are engaged in the management of real property
and an benefit from the estate tax discounts which are available by the
proper creation of an FLP. Consult us on what assets are suitable for
this entity, as it cannot contain any personal assets.
Medi-Cal Eligibility Planning in
Los Angeles & San Fernando Valley
On a daily basis, we are
asked to assist elderly persons qualify for Medi-Cal,
in order to pay for long term care. There
are many avenues which remain open for
planning. Use our services to properly qualify your loved ones, and to
protect their estate from dissipating. Read the Medi-Cal eligibility guidelines.
Medi-Cal Recovery Protection
Planning in Los Angeles & the Valley
most Medi-Cal recipients ask, “can
anything be done to prevent Medi-Cal from
recovering assets upon death?” Yes, there are currently several legal
ways to prevent Medi-Cal from recovering
assets. Call us to receive the appropriate advice and plan for recovery
prevention planning. Read the Medi-Cal Recovery FAQ.
As of 2017, there are new laws which allow us to protect assets
from the reach of Medi-Cal (Medicaid) after the death of the Medi-Cal
beneficiary or recipient.
Elder Law and Estate Planning Woodland
of our clients call us to protect their elderly family
members. There are several ways we can protect elders from
undue influence and fraud by others. If you believe
that a family member, caregiver or other person is attempting to
defraud an elder, call our elder protection lawyer, Mina Sirkin at
Fernando Valley Conservatorship / Elder Abuse Litigation
As the baby boomers get older, so too
grows the needs of that generation with regard to available services
from the government. Additionally, the elder population is most often
subject of abuses by unscrupulous individuals and caretakers.
California now has a variety of laws which
protect the elderly, both physically, and financially. If you are
concerned about an elderly person being financially abused, please
contact us to discuss the matter.
Fraud by a fiduciary, trust fraud, and
estate fraud cases typically include breach of fiduciary duty actions.
There are many cases where the abuse is with intent to defraud. While
the culprit may start as a small-time operator, he may continue to
steal small amounts which end up being
large amounts over a few year, or alternatively the fraud may occur in
one or more large financial transactions. Probate Lawyers Los Angeles
are Lawyers practicing probate and trust law in all Los Angeles County
Similarly, abuses are not always ill
intended and may merely involve a disabled child or mentally ill child
who happens to be the trustee and who has lived in the property of the
decedent or ill person where this was customary years ago. For example,
a child who is a conservator for his mother may think he or she is
doing the right thing, when in he or she may have breached his or her
fiduciary duty or improperly used his or her mother's assets.
Fiduciary fraud can involve financial
assets, the illegal transfer of real estate, or fraud involving
personal property. Illegal transfers of deeds, accounts, insurance
policies, and pension death benefits all fall under this areas.
Did you obtain a divorce judgment and find
out that your divorce order was incomplete in protecting your interest
in your spouse's pension? We can help you resolve post-death QDRO
litigation. Depending on the nature and type of pension, ERISA rules
vary from California rules. Ask us to evaluate your divorce order for
post-divorce pension issues.
Click here to ask about our QDRO services.
Insurance Beneficiary Litigation in Los Angeles
Making sure your life insurance policy is
effective and up-to-date is an important part of estate planning. If
you have minor children or a disabled spouse or child, it is important
to keep the insurance in place to pay for any needs of that
beneficiary. However, a minor or disabled person should never be named
as a beneficiary of a life insurance policy. An adult beneficiary as a
trustee for the minor or a trust should be named as the beneficiary of
a policy for the benefit of a minor. A special needs trust should be
created to receive life insurance proceeds on behalf of a disabled
individual. Keeping an adequate amount of life insurance is another
important part of estate planning. As there are many different types of
life insurance, each type has a different purpose. Ask us to guide you
as to the amount needed as we examine your estate plan and your debt. Los Angeles Lawyers
practicing probate and trust in and near Los Angeles California.
Insurance and Annuity Interpleader Litigation
Many times there are disputes between
beneficiaries of life insurance policies. More common disputes in this
area involve whether a beneficiary designation was made against
California law. Additionally, often there are issues of whether the
policy owner had the right to modify a beneficiary designation for lack
of capacity or lack of authority. We can help you litigate, settle and
collect insurance policies. Don't wait until the life insurance company
acts to interplead the funds, call us to determine if you may have a
cause of action which needs to be handled.
Email us here to
more information on how we evaluate Life Insurance Litigation Cases.
IRA & Pension
Has your spouse changed the beneficiary of
a pension without your authorization? Has a pension administrator or
employer failed to deliver pension proceeds to you? We can assist you
in collecting from ERISA Plans, Non-ERISA Plans, IRA Accounts,
401 (k) Plans, and other qualified pensions plans. Please remember that
California laws differ from Federal Pension laws and we can help you
find the correct path to collecting your interest in the pension. Our
Los Angeles Lawyers
practice Probate and Trust law in and near Los Angeles towns and
areas. Common disputes over IRA and Pension beneficiary
designations revolve around late changes in beneficiary
designations. Undue influence and coersion play large parts in
this type of dispute about IRA and Pension accounts. Common
parties are spouses, children, and domestic partners.
Email us here to inquire about our Pension
& ERISA Plan litigation services.
Fiduciary Law Representation:
represent family fiduciaries, as well as private professional
fiduciaries in administration and litigation in the probate, trust, and
conservatorship areas in Los Angeles. Contact us for
additional information on how we defend fiduciaries and minimize risk
to our trustees of trusts, executors of estates, and conservators
in conservatorships cases in Los Angeles. Private
conservator and private trustees serve the needs of thsoe who wish for
a third party supervision of assets.
Practice Administrator in
Probate & Trust Matters
have administered thousands of trusts and estates. If you have a
probate or trust practice which requires a practice adminbistrator, or
of you are an attorney who is looking to retire in the probate and
trust areas, call our Los Angeles Probate Lawyer.
Intestate Succession in Los
does intestate mean? Intestate mean dying without a will.
When death happens and no will is found, California law if intestacy is
followed to determine the heirs. We
guide families in probate of wills, intestate succession, no will
situations. We also handle lost will cases. If a loved one died
without a will and you are
concerned about intestacy, please contact our office. Call
us for a free consultation, if your loved one
died without a will in Los Angeles County California and the San
Fernando Valley. We offer a free
consultation in all will
and probate matters. Call 818.340.4479 or email us: Info@SirkinLaw.com
21550 Oxnard Street, #300
Woodland Hills, CA 91367
Phone: 818. 340. 4479
Fax: 818. 340. 7952
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Living Trust Information
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Three simple steps in forming a Revocable
Successor Trustee E-Course
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Trust Administration Video Course
Trust Administration Guide Book
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California Probate Code 13100-13101: Affidavit
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Angeles Senior Resource Guide
RESOURCES FOR PARENTS OF MINORS
to select the right guardian for your child? GuardianChoice(TM)
California Guardianship Nomination Form
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For Lawyers Only: PracticeAssure
® Law Practice Sales Seminar & Material
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PENSION & LIFE INSURANCE LITIGATION
Has someone claimed to be a life insurance or
pension beneficiary to which you believe
you are entitled? Click
Has a Life Insurance company failed to pay
life insurance proceeds to which you were entitled? Click
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