Challenges and Pitfalls in Estate Administration

Estate administration can be a daunting process, filled with potential pitfalls and challenges, especially if you are in or around Pennsylvania, specifically Delaware County, Chester County, or Lancaster County. When it comes to managing a loved one's assets and ensuring their final wishes are carried-out, it is essential to be aware of the complexities that can arise. One should be aware of the common pitfalls and understand why it is so important to find an estate attorney who has vast experience and can help you navigate the process.

1.   Probate Process

Probate is the legal process of validating a Will and distributing the deceased person's assets according to their wishes. It can be a time-consuming and complex procedure, often involving court appearances and extensive paperwork. One common pitfall is not understanding the probate process fully. This can lead to delays, disputes, and additional expenses.

To navigate the probate process smoothly, it is advisable to consult with a probate law firm that specializes in this area of law. An experienced attorney can guide you through the necessary steps, help you avoid potential pitfalls, and ensure the estate is administered efficiently.

2.   Will Contests and Disputes

Will contests and disputes among heirs and beneficiaries can be emotionally charged and legally complex. Such conflicts can arise when family members believe the Will is invalid or that their share of the inheritance is unfair. Resolving these disputes can be challenging and may require litigation.

Having a lawyer to draw up a Will with clarity and precision is essential to reduce the likelihood of disputes. However, if conflicts do arise, hiring an experienced estate attorney can help you navigate the legal complexities and reach a resolution that aligns with the deceased's intentions.

3.   Estate Tax Matters

Pennsylvania has its own set of estate tax rules, which are quite different from federal estate tax laws. Understanding these tax implications and how they affect the estate's assets is essential. Failing to do so can result in unnecessary tax liabilities for the estate and its beneficiaries.

An estate attorney well-versed in Pennsylvania's estate tax laws can provide valuable guidance on minimizing tax liabilities while ensuring the estate is administered efficiently and in compliance with tax regulations.

4.   Managing Assets and Debts

Administering an estate involves managing assets, paying debts, and distributing remaining assets to beneficiaries. This process can be complex, particularly if the deceased had a variety of assets, investments, and debts. Overlooking or mishandling any of these aspects can lead to complications and legal challenges.

An experienced estate attorney can assist in asset management, debt resolution, and the orderly distribution of assets. They can help ensure that all financial matters are handled correctly, reducing the risk of errors or disputes.

5.   Lack of Planning

Perhaps one of the most significant pitfalls in estate administration is the lack of proper planning. Failing to create a comprehensive estate plan can result in confusion, disputes, and unintended consequences. It is crucial to work with an attorney to draw up a Will, and to establish an estate plan that aligns with your wishes and addresses potential challenges.

Peace of Mind

Estate administration is a complex and often emotionally-charged process. To avoid the challenges and pitfalls that can arise, it is essential to seek the assistance of an experienced estate attorney who understands the intricacies of Pennsylvania's estate laws. Whether you are in Delaware County, Chester County, Lancaster County, or anywhere else in Pennsylvania, finding an estate attorney who can guide you through the process is crucial.

Contact Us today to ensure that your loved one's final wishes are carried-out smoothly, debts are managed appropriately, and potential disputes are resolved with the help of a knowledgeable legal professional.

This blog was originally posted on https://pa4law.com/challenges-and-pitfalls-in-estate-administration/

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Thinking If Probate Is Necessary? 3 Things That Could Happen If You Do Not Probate A Will.

Very often, Wills are written many years before a person passes away. In the Will, the person names an executor for the Will. An important part of the executor’s job is to probate the Will after the person’s death. What happens if the executor is no longer living or simply decides he or she no longer wants to be executor? Based on our experience as a probate law firm, three things are likely to happen if the Will is not submitted to probate:

1. Penalties

You are not legally required to serve as someone’s executor, even if you promised to do so at one time. However, that does not mean you can just set aside a Will and ignore it. The Will must be turned-over to someone who will properly handle it so that the deceased person’s estate does not suffer damages such as late tax payments, and so the beneficiaries of the estate can be distributed their rightful inheritances.

Attorneys who specialize in Wills know the dangers of not properly handling a Will after the death, including the named executor possibly becoming the subject of a civil lawsuit by someone who believes they were financially damaged by the failure to file the Will. Most states have a requirement that a Will be filed within a certain amount of time, ranging from 30 days to three months. If a Will is not filed within the state’s time limit, there usually are consequences.

If the named executor endeavors to hide the Will for his or her financial gain, the executor may be criminally liable. Let’s say a parent left the entire estate to his or her church and left nothing to the only child. If the child decides not to file the Will, the laws of intestate succession likely allow the child to receive the estate, and the named beneficiary (the church) would get nothing. This deception would likely be interpreted as a criminal act.

2. Creditors’ Claims

Usually there are unpaid bills when a person passes away. It is the executor’s job to pay the bills to creditors who make a timely claim. Probate will limit the amount of time a creditor has to submit its claim. The executor may reject the creditor’s claim if it is not filed within the allotted amount of time.

What happens if there is more debt than assets in the estate? This is called an insolvent estate. The family of the decedent is not obligated to pay these debts, but the law sets forth a priority and method for the estate to partially pay these debts.

3. Transferring Title

Probate will allow the executor to more easily transfer title to property to the Will beneficiaries. But what happens if the estate is very small, with title to one piece of property as the only asset? The best estate attorneys suggest that there is a streamlined process in many states called “transfer by affidavit.” This may allow the executor to transfer the title without going through probate. State law dictates the maximum fair market value for property that can be transferred in this way.

If you are an executor of a Will or are in possession of an original Will, it is important to speak with an experienced attorney at Perna & Abracht LLC right away. Every state has its own laws regarding Wills and probate, and you need the most-current advice to avoid unintended or unexpected consequences.

This blog was originally posted on  https://www.pa4law.com/thinking-if-probate-is-necessary-3-things-that-could-happen-if-you-do-not-probate-a-will/

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Want To Challenge AWill In Court? Here’s How You Can Do It!

Challenging a Will isn’t easy because it is assumed that if someone went to the effort to make a Will, then the Will is valid. A probate lawyer will tell you that contesting a Willcan drain you mentally and emotionally, and the process can be costly.However, there are certain factors that may assistyou in achieving a successful challenge:

•    It is a do-it-yourself Will. When a person (called the Testator) writes a Will himself or herself, it is possible that certain legal formalities were overlooked. Another possible weakness is that the Will may not have addressed the “what ifs” that an estate planning law firm will make sure are included.      

•    The Testator has been isolated from family and friends by the primary beneficiary of the Will. In a case like this, your challenge might request invalidation based on undue influence.

•    The Testator’s mental capacity is in question. This requires evidence that the Testator did not have the mental capacity to make a Will at the time he or she signed it.

Contesting a Will requires that you meet certain guidelines. The first one is that you must have something called “standing.” To have standing, an individual or entity must be able to show that they would be personally or directly affected by the outcome. For instance, a person contesting a Will might be a close relative who was left out of the Will, or a beneficiary who had been named in a previous Will. An entity such as a bank must show they were a beneficiary or a fiduciary in a previous Will. If you don’t have standing, you cannot proceed with the challenge.

Also, you must file in a timely manner as defined by state law. Which state? The state in which the decedent resided at the time he or she passed away. The proscribed time period for contesting a Will ranges from a few weeks to a few years, so it’s important to hire an experienced estate attorney who knows the timeline that applies to your case.

You may wonder why time limits are set. This is to expedite the payment of final expenses and the transfer of assets to the beneficiaries of the Will. If no time limits were set, a challenge could be brought any time in the future. The Will could not be fully distributed in order to provide for a potential legal challenge. Make sure to move ahead in a timely manner so your case is not time-barred.

Let us assume that you have standing and are within the time limit set by state law. Now you must have sufficient grounds to contest the Will. There are four possible grounds:

1.    Lack of proper legal formalities;

2.    Mental incapacity of decedent at the time the Will was signed;

3.    Undue influence on the decedent;

4.    Procurement of the Will by fraud.

Proving any of these grounds requires more than suspicions, you must have evidence. That is why you should take any intentions to challenge a Will to be evaluated by an experienced probate law firm. Time is of the essence, so don’t delay this consultation.

This blog was originally posted on https://www.pa4law.com/want-to-challenge-awill-in-court-heres-how-you-can-do-it/

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