Common Estate Administration Challenges and How to Overcome Them

Although administering an estate can be fairly straightforward in some cases, it is not unusual for challenges to arise. The best way to avoid potential problems is to have an estate planning attorney help you draft a will and create a solid plan long before it is needed. If a loved one has passed away and you are having trouble with estate administration, a probate litigation attorney can help you resolve disputes and make the process run more smoothly.

There is No Will

When someone dies without a will, typically the laws of intestacy are applied when administering an estate. In Pennsylvania, this means that your assets may be distributed to your spouse, children, parents, and/or siblings in a way that may not align with your wishes. This can add to the turmoil your family may be going through at this difficult time. Having a will in place helps to ensure that your assets are distributed to the beneficiaries you choose and allows you to address other issues like guardianship of minor children.

It is also important to note that if you do not have a valid will, a personal representative will be appointed by the court, and may not be someone you would choose as the executor of your estate. If you have been appointed as a personal representative, it is a good idea to seek the advice of local attorneys, such as estate planning lawyers in Chester County, PA.

The Executor or Personal Representative Fails to Perform Their Duties

The personal representative of an estate is responsible for performing many important tasks. Like a trustee, a personal representative is considered a fiduciary, which means that the best interests of the estate must be put before his/her own interets. In addition to initiating probate and administering an estate in a timely manner, a personal representative must put creditors on notice, take a full accounting of assets, and distribute them according to the will, trust, or laws of intestacy. The personal representative must also file and pay taxes for the estate.

In some cases, a personal representative of an estate may fail to follow a decedent’s instructions or mismanage funds and property. When this happens, it is possible to have him/her removed as the personal representative. Top estate planning law firms recommend that families consult a probate litigation attorney who can help them understand their rights and assist with any legal issues.

Will or Trust Contests

The validity of wills and trusts can be contested by interested parties such as the spouse or children of the decedent. Some common grounds for contesting a will include undue influence, incapacity, forgery, or fraud. Multiple versions of a will or conflicting documents can also lead to problems.

Trusts can be challenged as well. To help avoid these issues, it is critical to have an experienced estate planning lawyer help you draft a will and advise you on which types of trusts will best suit your specific circumstances.

Other Common Estate Administration Issues

Some other matters that commonly arise when administering an estate include:

•       . Dealing with a will created in a different state
•         Property owned in other states or countries
•         Creditor claims
•         Tax issues
•           Failing to update a will or estate plan after a divorce, marriage, or birth of a child

If you are facing estate administration challenges or need to bring your estate plan up to date, our attorneys can help.

This blog was originally posted on https://pa4law.com/common-estate-administration-challenges-and-how-to-overcome-them/

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Failing To Pay For Child Support In The Quarantine? What You Should Know

As unemployment has increased rapidly due to the pandemic and quarantine, you may find yourself struggling to meet child support obligations. Often contested in a divorce, child support is an issue that is both emotional and financial. Parents should know that courts may enforce harsh penalties if you do not make your scheduled payments.

What are the possible consequences?

•    A warrant – civil or criminal – may be issued for your arrest.

•    You may be found in contempt of court.

•    You may be fined, put in jail, or both.

•    If you are still working, your wages may be garnished.

•    If unemployed, your unemployment compensation may be garnished.

•    Your tax refund may be denied.

•    If you own a property, a lien may be placed on it to cover any payment that you owe.

•    Revocation or suspension of your driver’s license, passport, professional license or hunting/fishing/boating license.

Act proactively

Because these penalties are very serious, if you are having difficulty making payments, be sure to take proactive steps rather than just miss a scheduled payment. These may include:

1.    Seek a divorce attorney consultation to discuss your next best steps.

2.    Requesting the local enforcement agency to set up a temporary payment plan to keep you from falling entirely behind.

3.    Go to the court to have support orders revised. Be prepared to show your change in circumstances, such as unemployment or reduced employment. Other reasons the court may consider a change in support orders include a change in custodial arrangements or medical emergency.

There are differences in state laws and enforcement of penalties, but please know that all states are prepared to enforce court-ordered child support, even if one parent has moved to another state. In such a case, federal charges may be brought. In a federal case, the non-paying parent will be required to pay the support owed and may be imprisoned for up to two years. If the non-paying parent is in military service, he or she may be discharged from service.

Support vs. Custody

Good child custody lawyers will tell you that while the courts take child support very seriously, the courts view support as an issue separate from custody. One parent may not restrict court-ordered visitation of a parent who has not paid child support as scheduled. If the court has granted visitation rights, the parent has those rights until the court would restrict or change them. Courts look unfavorably upon a custodial parent who prevents the other parent from having court-ordered visits with the child or children, particularly if it is related to non-payment of support.

A point of law is that the child is the one entitled to receive support from the parent. Parents should not use payment of support or other support-related issues as a weapon against the other parent. The court will look unfavorably on any such behavior.

In a pandemic as we are experiencing, top estate planning law firms will tell parents concerned about their child’s future security to thoroughly review provisions for children. If you do not have a Will,  it is time to contact a lawyer to draw up a Will.

No matter how worrisome your employment situation may be, it is important to act responsibly and seek the advice of a highly experienced child support attorney who can counsel you on your best course of action.

This blog was originally posted on https://www.pa4law.com/failing-to-pay-for-child-support-in-the-quarantine-what-you-should-know/

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