Author: Jonathan Leventhal

A lot of people have fallen victims of the wrong choice of conservator because the human mind cannot really be understood by mere physical appearance. Most conservatees are really helpless and need assistance. It is not possible for a widow to stay forever with her children. The children might go to college or get married, and she becomes alone, but with such loneliness comes a lot of challenges. She might become depressed, and begin to suffer some mysterious experiences that can lead to mental disturbances and other related illnesses. What should be her fate? Continue to stay alone without having the right mind to plan or manage herself? These are some of the reasons conservatorship is planned for. Situations like these might have been averted if the durable power of attorney has been earlier arranged, but in the absence of it, you can consult with a conservatorship Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley to guide you aright.

Have you also considered the need for an elderly person who is old and need medical attention to be cared for by another person? Some of these people have undergone the power of attorney or have family members holding the power of attorney, but due to distance or some other reasons; such persons are not reachable when needed, making the only alternative plan to be conservatorship, and no one can blame such decisions because they are made to save a life. The essence of seeking expert service arises from all forms of negative stories we daily hear from either the television or newspapers about how elders left in the hands of conservators are being abused. Some of these guardians steal quite some huge amount of money from their conservatees. Can you imagine that? Remember, some of them (conservatees) are old and helpless. What can they do if they are ill and bedridden? This is why the warning is coming that clients should be careful on whom they choose as conservators.

It is also a known fact that when a conservatorship has been planned, there is a limit to what the ward can do because he or she can thenceforth not be able to do anything as far as personal decision is concerned such as choice of apartment, how to spend money and who to relate with. All these decisions are solely transferred to the guardian. Experience has shown that if a public conservator is accused of any form of abuse, court attorneys are often reluctant in filing appropriate actions against him or her. And the effect is deprivation of the conservatee’s civil liberties. Since both conservators and courts are practically not working to satisfy the person under their care, most of them die before their expected time due to lack of care and being transferred to unfamiliar environment. The only solution here is getting a conservatorship Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley who will be there to stand by you and bring any abusive guardian to book.

For all your conservatorship related matters, the Leventhal Law Group, P.C offers free and no obligation consultation with a qualified attorney. Call 818-347-5800 for a free consultation today!

Searching for an estate planning attorney Los Angeles to help you with estate arranging may not be too simple these days. Thankfully, you can simply tap diverse assets to have the capacity to profit of expert lawful help. Here are a few thoughts you can attempt if you are experiencing serious difficulties in reaching a lawyer.

In any case, a standout amongst the best approaches to locate a decent legal advisor is to ask companions, associates or relatives about it. Talk with those you know and request that they depict their whole experience. You will have the capacity to discover the advantages and disadvantages of specific alternatives by doing this. Many people are unquestionably eager to prescribe particular legal advisors as well as to give you any notice about some lawyers.

If you have a monetary advisor, then that implies you have another valuable source of relevant data. Advisors commonly have the contacts of good legal advisors in your general vicinity, thus you might need to talk to them as well.

While on the subject of financial counsels, you additionally need to realize that talking with them about your estate planning is a smart thought. Such an arrangement is regularly considered as an urgent part of an individual’s money related concerns.

Another thought is to approach bookkeepers for proposals. In addition, a preferred estate planning attorney Los Angeles depends on bookkeepers with regards to trust and salary charge matters. This just implies a bookkeeper most likely knows more than a couple of attorneys in your general vicinity.

Likewise, don’t hesitate to contact different legal advisors you have worked with in the past for their proposals. For instance, you may have worked with a lawful expert while purchasing a home or getting a property. Odds are high that they know somebody who represents considerable authority in the field and you can use that to your benefit.

You may likewise go out there and seek a good estate planning attorney Los Angeles using the web. You can look at authority sites of various law offices and check whether they offer estate arranging services. What’s extraordinary about getting to such destinations is that you will likewise find the opportunity to see the profiles of the legal advisors alongside data in regards to their rates. This gives you a decent diagram of what’s in store when you at last start working with a legal advisor.

In the blink of an eye, you will have the capacity to locate an amazing estate planning attorney Los Angeles that will help you with your requirements.

An absence of estate planning can bring about higher duties, a higher likelihood of battling in probate, unintended distributions of resources for specific relatives, and even pointless dramatization if you are in a serious trouble.

What’s more, if you are not already mindful, estate planning can likewise help you stay away from probate in numerous examples. Probate is a legal procedure that tries to disseminate the home and resources of a perished individual in the way in which a judge can best recognize.

If you want to get a FREE consultation, call at 818-347-5800. Leventhal Law Group, P.C. provides you hassle-free services at Los Angeles.

Any court case  leading to the appointment of either an organization or individual by a court to be in charge of caring for another person, usually an adult or elderly person who is incapable of looking after himself or herself or able to mange his/her resources, is conservatorship. So, you can see that it is usually preceded by a court case. There are legal terms used for both the person and agent taking care of the other adult. They are conservators. So, if an individual is assigned to look after another elderly person, he/she is the conservator of that elderly person. On the other hand, the elderly person being looked after is called a conservatee.

In a probate situation, the court; that is, the probate court, will be vested with the authority and right to choose or appoint someone to administer the assets as well as finances of the person being protected. The legal term ‘conservatorship’ varies from one country or state to another. While in some states it is called conservatorship, in other states it is called guardianship. However, both terms can be used interchangeably as your conservatorship Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley would always say.

There are some similarities and differences between conservatorship, trusteeship and the power of attorney. While it is similar to that of trusteeship, the powers, level of operations and limitations are set according to specific regulation. The trusteeship is a voluntary trust declarations or agreement. Conservatorship is also rigid compared to the trustees’ authorized powers. Both conservatorship and powers of attorney are also closely related. Conservatorship differs from both durable powers of attorney and trusts in the sense that the court supervises conservatorship and also makes sure the appointed conservator is accountable to the court directly.

Types Of Conservatorship

The need of the conservatee will determine the particular type of conservatorship that should be operated because there are different types of it according to professional conservatorship Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley.  They are:

• Probate conservatorship. These are operated according to the Californian Probate law. As the most common types of conservatorship, they can either be general or limited conservatorship. The general one relates to taking care of older person who is not able to do so herself/himself. While they are mostly elderly, they could also be young people who have serious impairment problems resulting from a car accident. The limited type of probate conservatorship arises from a situation where an adult has some developmental disabilities making it difficult for him/her to cater for him/herself and associated resources. The level of care here is quite minimal compared to that of general.
• The LPS (Lanterman-Petris-Short) conservatorship. This has to do with the type of care meant for adults having mental problems who cannot take care of themselves. You can consult your conservatorship Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley for appropriate guidance on which to operate.

Don’t hesitate to contact the Leventhal Law Group, P.C to learn about your rights and options against improper treatment from debt collectors and to sue a debt collector that has broken the law. Call 818-347-5800 for a free consultation today!

While probate can be avoided, most people end up going through the process from start to finish with lots of heartaches and headaches resulting from the prolonged nature of the situation. If you are either planning to go through the probate process or not, you need to be proactive enough by consulting with a probate lawyer because earlier consultation can save you a lot of stress and untold chaos. This comprises all parties involved in an estate planning such as the executor (personal representative) and the beneficiary.

Who Is A Probate Lawyer?

In the legal firm, a lot of terms are used to describe a probate lawyer.  He or she is a probate lawyer, an estate attorney or an estate lawyer. Using any of these terms is quite acceptable. He or she is a lawyer that falls into the category of state (licensed) attorneys, and who has the experience gathered from continuous legal education, several years of mentoring as well as years of personal experience with clients in advising executors (personal representatives) and designated beneficiaries of any estate in matters relating to the final settlement of estate affairs put in place by the estate owner who is now diseased (decedent).

Some Functions Of An Estate Probate Lawyer

If you are an executor or a beneficiary, you will need a probate lawyer to take you through the general process of probate from the inception to the conclusion of it. The steps to be taken by the parties involved in this process depend largely on the state the decedent resided at the point of death or where the estate plan took place. Your lawyer, going by his or her years of knowledge acquisition and experience will be able to guide you aright.

Apart from the state in which the decedent resided in before his death, another factor that will determine the steps to be taken by the parties involved is testate and intestate.  If the decedent died leaving a valid testament /last will (testate) or if he or she didn’t die without a valid testament /last will (intestate), the process will be affected either ways. This can cause variation in the steps involving the probate process and the lawyer needs to have broad knowledge of the state’s law where he or she has been licensed to practice his or her career.

He or she is charged with the responsibility of advising the estate’s beneficiary on both legal as well as other related matters put forward by the executor to the beneficiary in the course of the entire process. What leads to this type of advice is when the beneficiary has unresolved issues with the executor like having a misunderstanding or because he or she (beneficiary) doesn’t know the executor.

Some estate probate lawyers also represent both executors and beneficiaries when they are separately involved in a lawsuit concerning the estate of the decedent. This happens when the will left by the decedent is challenged in the court.

In sum, as representatives of estate executor, an estate probate lawyer will assist him to locate as well as secure all assets (probate and non probate), prepare and file all documents needed by the court, address issues relating to income tax, help to sell any estate property among others.

A probate attorney is a state authorized attorney who comprehends law viewpoints enough to counsel estate agents and recipients on settling the undertakings of an expired individual. The legal counselor is likewise alluded to as an estate attorney and is in charge of taking care of individual delegates all through the probate process until everything is settled. He will take the agent through management of trusts, wills and estates among numerous different things.

Any respectful Probate attorney Los Angeles you choose must have years of persistent lawful training, knowledge and practice. They are immeasurably imperative in ensuring that s/he performs their obligations past desires. The probate procedure and necessities can rely upon the deceased’s state and the probate laws administering it. The probate laws will apply contingent upon where the expired lived and passed on and where the individual possessed estates. A legitimate confirmation of the last will can likewise decide how the procedure is directed.

The attorney can prove to be useful when issues in regards to the decedent’s will or estate emerge among the recipients. Aside from exhorting the individual delegate, this attorney can be contracted by the estate recipient when contradictions emerge between the individual agent and the recipient. S/He can help with challenging a will; however in such circumstances, the person will be known as the trust and estate litigator, home or probate litigator.

How a Probate Attorney Los Angeles can you

A probate attorney is in a position to exhort the individual agent through various things amid the probate process which involves the following:

• Obtaining the evaluations and estimations of the date of death with respect to the property of the perished
• Securing and finding probate resources and additionally non-probate resources
• Preparing and recording applicable archives required by the probate court in a sorted out, opportune way
• Offering exhortation on the installment of definite bills of the decedent and in addition installment of any obligations that are extraordinary
• Collecting any life coverage continues payable to the recipient
• Holding legitimate races and moving over any retirement arranges and monitoring the financial records of the home
• Assisting with the offer of any home property and tending to any pay charge issues there could be
• Determining legacy or home duties due at state and government levels and making sense of where the required money for settlement will be produced from
• Settling any question there could be in the middle of recipients and individual agents
• Getting court consent to handle and take distinctive activities material to the state probate laws; and re-titling the genuine estates to the recipient names in circumstances where offering of the property is not occurring.
• The probate lawyer additionally helps with the dispersion of benefits left by the decedent after duties and bills have been paid
• Property or estate can be the wellspring of long haul battles amongst recipients. Individual agents require the help of probate attorneys to guarantee that everything is taken care of directly after the demise of an estate proprietor.

For further information, call us on 818-347-5800. We at the Leventhal Law Group P.C. would love to give you more information about Probate attorney Los Angeles with free consultation.

The properties of a deceased person are often distributed to heirs and beneficiaries named in the deceased last will. However, the probate court will determine the validity of the will and preserve the properties of the deceased. Also, the court ensures that any unpaid debt of the deceased is settled from the assets before the properties are shared among the heirs. If the deceased or decedent did not leave a will, the probate court determines the legal heirs. Thus, a probate is a legal process that determines the validity of a will.

Probate Attorney

A probate attorney is a licensed lawyer who is trained and experienced in counseling the administrator or executor and the heirs of an estate on how to distribute the assets of the decedent. The executor, also known as personal representative refers to an individual or entity in charge of handling a deceased person’s estate. The executor is often named in the decedent’s last will or testament. An administrator is the personal representative when a will does not exist.

Usually, an administrator is a family member or the closest relative of the deceased. Also, a beneficiary refers to a person (maybe the heir) or an organization such as charity who receives the benefit of an estate, pension account or any other asset of the decedent. Thus, a probate attorney or an estate lawyer advises and supports the administrator throughout the probate process. The lawyer ensures that the dictates of the will, if valid, and the probate laws are strictly adhered to.

The lawyer can also represent minors and beneficiaries or heirs that are mentally incapacitated during the distribution of properties. The service of an estate lawyer is required if the deceased’s will is challenged by the heirs.

The Executor

An executor is a trusted person appointed by a will as the legal personal representative of a decedent’s estate. The executor is responsible for settling the personal affairs of the testator, following his or her death. The executor determines whether the estate should be probated by estimating the total value of the deceased’s assets. “Small” estate as defined by the probate laws are not probated. Also, he pays off any debt owed by the deceased and protects the assets during the period of estate administration. However, the main responsibility of an executor is to distribute the deceased estate.

Responsibilities Of An Estate Probate Lawyer

• The estate lawyer ensures that the executor or administrator adheres to the probate laws and supervises the administration of the estate. This prevents the personal representative from incurring any personal liability during the period the estate is probated.
• It is the responsibility of the estate probate lawyer to file the death certificate and the will of the deceased with the probation court.
• He or she ensures that the creditors of the testators are notified of the death and intimates them on the probate process.
• Above all, the estate lawyer ensures that the rights of the creditors and the beneficiaries are respected and guides the executor on the distribution of the properties.

Setting up a conservatorship is a formal lawful proceeding and includes a few stages. A few senior citizens who are worried about conceivable future mental and physical inadequacy choose to set up a power of attorney or a trust to a limited extent so that they can maintain a strategic distance from the court activity. This is when a conservator of person is appointed.

They pick an individual or an establishment to settle on choices for them in the event that they get disabled. These are private plans and should be made while the individual has full mental ability.

In California, courts don’t routinely screen power of attorney or trusts. In any case, it happens, particularly to individuals more than 75 years old. For the individuals who have not taken earlier courses of action, or if the person managing the power of attorney or trust is unfit or deceptive, a conservatorship might get to be essential.

Administration of Wealth and Property

At the point when a conservatorship is set up, the Judge will require that a bond be made for the person’s estate. Bank accounts and stocks also fall under liquid assets being made for the bond.

A bond is similar to an insurance policy here. So, if the conservator misuses the cash or takes it for himself, the individual in conservatorship can be reimbursed.

Necessary steps are taken by the court of law to ensure the mishandling of money by the conservator does not take place. The law requires that an Inventory and Appraisal of all assets be documented inside of 90 days of the arrangement of the conservator. The conservator should likewise document a General Plan for the conservatorship. If the conservatee has a genuine property, the conservator must record confirmation of the conservatorship with the state.

Non-Family Conservator of Person

There are times when relatives are inaccessible or unequipped for serving as conservators. Incidentally, it is not mandatory that the conservator be a relative of the person. However relatives are often the first choice; however if in case a relative is not found to act as the conservator, there are organizations and people that can serve.

The Public Guardian is an office of the City and County of San Francisco and is the biggest non-family conservator. There are additionally non-profit agencies that have followed the law and can be named to serve as conservators. You will also find individuals who are ready to serve as conservators. They are called private expert conservators.

Starting July 1, 2008, they should be authorized by the State of California and meet all qualifications. Every expert conservator is required to keep a case and give benefits regardless of the fact that the cash runs out, particularly in the event that they have been named to serve as conservator of person.

All conservators and lawyers in a conservatorship case are qualified for solicitation in the Court for expenses for their work. The charges are deliberately checked on and conceded by the Probate Court just to check that they have been appropriately supported. Conservators and lawyers can’t take cash without a formal court request.

For more info, call Leventhal Law Group P.C, at 818-347-5800 (FREE consultation).

Without a Special Needs Trust California if the disabled individual acquires cash or property along with governmental benefits, they can be diminished or wiped out inside and out as the individual has more than the reasonable cash to meet all requirements.

So what does a Special Needs Trust do?

The family can have cash, property, and different resources put into the Trust as opposed to abandoning it to the disabled individual all to themselves. The disabled person is assigned as a recipient of the Trust and a Trustee is named to spend the cash in the Trust for the sake of the person. The assets in the Trust can be utilized to take care of expenses well beyond the administrative benefits your loved one is accepting, for example, excursion, travel costs, recreational exercises, therapeutic and dental costs that would need to be paid out of pocket, and so forth.

1^st Party Supplemental Needs Trust

A First Party Supplemental Needs Trust is an Irrevocable Trust which can be set up for a disabled individual less than 65 years of age utilizing the assets of the disabled. This is most ordinarily utilized when the impaired individual receives a legacy or settlement which would bring their countable assets over $2,000 (as per the limit).

If the assets are not set in a First Party Special Needs Trust then governmental benefits, for example, Medi-Cal will be halted and the crippled individual will be required to pay their own particular doctor’s visit expenses from the benefits which they got until they are spent down to the $14,400.00 asset limit.

The assets in this Trust must be spent for the advantage of the handicapped individual and the dialect of the Trust must incorporate provisions which permit the state Medi-Cal organization to recoup the remaining assets in the Trust up to the sum that it spent on the incapacitated person.

3^rd Party Special Needs Trust California

A Third Party Special Needs Trust is made by relatives or companions of the incapacitated person. The incapacitated individual can be of any age and will be a recipient of the Trust. A Third Party Special Needs Trust is a perfect home arranging instrument for families who need to leave a legacy for their loved ones without influencing their entitlement to get Medi-Cal and other advantages.

A Pooled Trust

A Pooled Special Needs Trust is an appealing choice for a debilitated person who might not have somebody they consider to be a suitable Trustee. This Trust can be made by a relative or companion, or furthermore the incapacitated individual themselves utilizing their own particular resources. The Pooled Special Needs Trust is overseen by a non-benefit association. At the time the debilitated individual passes away, the remaining assets in the Trust either backpedal to the non-benefit association or to the state Medi-Cal organization.

There are points of interest and hindrances to each of these alternatives and an Elder Law lawyer can offer you some assistance with choosing the most appropriate strategy for your circumstance.

For more information on Special Needs Trust California, call Leventhal Law Group, P.C. at 818-347-5800 (FREE consultation).

When somebody passes away, his or her assets often go through probate. The probate process incorporates gathering the deceased person’s assets, paying off liabilities and fundamental charges, and directing their property/ies to beneficiaries according to the will.

Los Angeles Probate of the deceased (Will)

During this procedure, credibility of the deceased person’s will is to be demonstrated in the court of law. The will of the deceased must be probated not long after his or her demise. No one has a privilege to keep it down at any expense.

The decedent’s lawyer or the individual having the will of the deceased should produce it promptly, or within the predefined time. There are punishments for obliterating or disguising the will.

About the probate proceedings

The technique begins just when there is the association of an official agent. In the event that you are knowledgeable with the various types of laws that are included, then you can present your application to be the executor in the interest of the companions or relatives.

The important thing to do here is to document a formal solicitation. The applications ought to be submitted in the nearby court of Los Angeles, where the deceased lived the most recent days of his or her life. Alongside recording the probation reports, you ought to likewise create the first demise declaration of the expired. If you need assistance with any of these processes, the Los Angeles Probate Attorney can be of much use.

After recording, the reports are filed in the court, and then the following step is to advise the creditors of the demise. You can promote about the probate in the daily papers, or on some other such media.

You can let the beneficiaries and recipients of the deceased think about the probate process, via mailing the court notification to their individual postage information or by messaging it to them. You should report each notice sent to the successors who are in the line, and submit them to the court before the probate process begins.

You can finish all the methods inside of the nine months length of time, which is after the date of death. There are numerous advantages from telling you in advance about what will happen with his or her belongings after death. This is why as a Los Angeles Probate attorney, I always ensure that you are kept in loop while doing all of this.

The distribution of property among the recipients will occur when the debts taken by the deceased from various sources has been cleared off completely.

The whole process will be finished with distribution of the deceased person’s belongings to the legitimate recipients.

The money inherited will be given over to the following successor in line from multiple points of view, for example, memorial service costs, taxes and debts, family stipends, expenses of estate organization, and so forth.

If you want to get a FREE consultation, call at 818-347-5800. Leventhal Law Group, P.C. provides you hassle-free services at Los Angeles.

A psychological health conservatorship makes one grown-up (called the conservator) in charge of a sick grown-up (called the conservatee). This conservatorship mentally ill is just for grown-ups with emotional instabilities recorded in the Diagnostic and Statistical manual of mental Disorders.

The reason behind conservatorship mentally ill is to give individualized treatment, supervision, and living plans for people who are truly sick while securing their individual rights. Psychological wellness conservatorships, which are also called LPS conservatorships since they are represented by the Lanterman-Petris-Short Act. It can include restriction in a bolted psychiatric office, which implies the individual is denied individual freedom. Hence, there are strict lawful systems that should be trailed by specialists, advocates and doctor’s facilities and which include survey and observation by the Probate Court.

Beginning a Psychological wellness Conservatorship

Relatives or other private parties can’t begin a conservatorship mentally ill procedure. It is only the expert treatment staff at the clinic where the individual is being treated, who can start the procedure. The initial step is to ask for an examination by the Office of Public Conservator. If the examination by the Public Conservator concurs with the expert staff of the psychiatric office, then the Public Conservator will formally ask for the Probate Court to build up a brief conservatorship mentally ill procedure and a general conservatorship. The formal solicitation is known as an appeal. The individual who is influenced is called a proposed conservatee and must get a notification of the impermanent conservatorship no less than five days before it happens. The Probate Court likewise delegates a lawyer, mostly from General Society Guard’s Office, to speak to the individual.

A temporary conservatorship mentally ill procedure can’t last more than 30 days. Toward the end of 30 days, the Probate Judge considers the request for the general conservatorship.

Temporary Conservatorship

Amid the 30-day time of temporary conservatorship, a General society Conservator is required to set up an extensive report to the Court. The report must contain every important part of the proposed conservatee’s therapeutic, mental, budgetary, family, professional and social condition, and also the data got from the individual’s relatives, companions, and emotional health specialist. The Public Conservator likewise should examine every single possible distinct option for the conservatorship mentally ill procedure. If the conservatorship examination results in a proposal for conservatorship, the Public Conservator additionally makes suggestions in the matter of what particular powers should be denied to the individual. The most vital suggestion is whether the individual can keep the privilege to give or withhold the psychiatric treatment, including prescription. A duplicate of the examiner’s report must be provided to the individual prescribed for conservatorship.

Hearing an Appeal for General Conservatorship

At the hearing on the appeal for general conservatorship mentally ill procedure, proof supporting the request is introduced by lawyers from the Head prosecutor’s Office. If the individual requests for the appeal, a specialist or therapist must affirm. The individual acts as a representative of the counsel, and might testify or the person can also call others to testify.

Leventhal Law Group, PC offers free & no obligations consultation. Book your appointment today by calling 818-347-5800.