How to Discuss Estate Planning with Your Aging Parents

Discussing estate planning with aging parents can be a delicate yet essential conversation. Ensuring their wishes are respected and their assets are protected requires careful planning and open communication. Here are some strategies to help you approach this important topic.

Start the Conversation Early

Initiating the conversation about estate planning early can make the process smoother and less stressful for everyone involved. It is important to approach the topic with sensitivity and respect, recognizing that it can be an emotional subject for your parents.

Choosing the Right Time and Place

Select a comfortable and private setting for the discussion, free from distractions. This allows your parents to focus and feel more at ease. Consider timing the conversation around significant life events or changes in health that highlight the importance of planning.

Emphasize the Importance of Estate Planning

Explain the benefits of estate planning, such as ensuring their wishes are honored, reducing potential conflicts among heirs, and minimizing legal and financial complications. Highlighting these advantages can help your parents understand the necessity of creating or updating their estate plan.

Engage Professional Help

Involving professionals can provide reassurance and clarity. Suggest consulting with local estate lawyers who can guide your parents through the process and answer any legal questions they may have.

Key Topics to Address

Wills and Trusts

Discuss the importance of having a Will or trust in place. These documents outline how your parents’ assets should be distributed and can include specific instructions for personal belongings, financial assets, and real estate. An attorney for will preparation can help draft these documents to ensure they are legally sound.

Power of Attorney

Ensure your parents understand the importance of appointing a power of attorney. This individual will make financial and medical decisions on their behalf if they become incapacitated. It is crucial to choose someone trustworthy and capable of handling such responsibilities.

Healthcare Directives

Healthcare directives, such as living wills and healthcare proxies, specify your parents’ wishes regarding medical treatment and end-of-life care. Discussing these preferences can prevent difficult decisions for family members during medical emergencies.

Estate Administration

Explaining the role of Estate Administration Attorneys can help your parents understand how their estate will be managed and distributed after their passing. These attorneys handle the probate process, ensuring that assets are allocated according to the Will and legal requirements.

Handling Emotional Reactions

Estate planning can be an emotional topic, and your parents may have strong reactions. Be patient and empathetic, allowing them to express their feelings and concerns. Reassure them that the goal is to honor their wishes and protect their legacy.

Encourage Open Communication

Promote open and ongoing communication about estate planning. Regularly check in with your parents to review and update their plan as needed. This helps address any changes in their financial situation, health, or personal preferences.

Utilizing Professional Resources

Engaging a Probate Lawyer

A probate lawyer can provide valuable assistance in navigating the legal complexities of probate. They can ensure that the estate is administered efficiently and in accordance with the law.

Seeking Advice from Local Experts

Working with local estate lawyers familiar with the laws and regulations in Delaware County, Chester County, and Lancaster County can provide tailored guidance. They can help draft and review documents to ensure they comply with state-specific requirements.

Encourage Planning for the Future

By addressing these matters now, your parents can ensure their legacy is preserved and their wishes are fulfilled. Ready to start the conversation? Contact Us Today for a free consultation.

This blog was originally posted on https://pa4law.com/how-to-discuss-estate-planning-with-your-aging-parents/

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Probate Litigation: Common Disputes and Resolutions in Estate Administration

When it comes to managing the affairs of a deceased loved one, the probate process can often bring unexpected challenges. Probate litigation becomes a necessary path for many families to resolve disputes that arise during estate administration. Understanding these common disputes and how to address them can help you manage this critical time with clarity and purpose.

Understanding Probate Litigation

Before diving into the specifics, it is crucial to grasp what probate litigation entails. It involves legal proceedings to resolve disputes that arise out of the administration of a deceased person's estate. These disputes can be complex and emotionally charged, necessitating the expertise of a probate lawyer to navigate the intricacies of the law.

Common Disputes in Estate Administration

Several issues can lead to probate litigation, each requiring careful consideration and, often, legal intervention.

●       Validity of the Will: Disputes may arise over the authenticity of the Will, allegations of forgery, or claims that the decedent was under undue influence or lacked the capacity to make a Will.

●       Executor Conduct: Beneficiaries might challenge the actions of the executor if they believe there has been mismanagement, fraud, or a failure to fulfill the duties faithfully.

●       Asset Distribution: Disagreements over how assets are allocated according to the Will can lead to conflicts among beneficiaries, especially if the terms are vague or perceived as unfair.

●       Omitted Heirs: Occasionally, potential heirs are left out of the Will, either by accident or due to changes in the family structure, leading to disputes about their rightful share.

Resolutions and How to Achieve Them

Resolving probate disputes often involves a combination of negotiation, mediation, and, when necessary, litigation. Here are some steps to consider:

1. Engage a Probate Lawyer: Consulting with a probate lawyer is a critical first step in addressing any dispute. They can provide legal advice, represent your interests, and help navigate the complexities of probate law.
2. Mediation and Negotiation: Many disputes can be resolved outside of court through mediation, where a neutral third party helps facilitate a settlement between the disputing parties.
3. Court Intervention: Some disputes may require a judge's decision, especially if mediation fails or the issues are particularly complex. This process can be lengthy and emotionally taxing, making it a path of last resort.

Tips for Avoiding Probate Litigation

While not all disputes can be avoided, there are steps you can take to minimize the likelihood of litigation:

●       Ensure the Will is clear, up-to-date, and legally valid, with the assistance of a Pennsylvania estate planning attorney.

●       Choose an executor who is trustworthy, organized, and capable of handling the responsibility.

●       Discuss your estate planning decisions with your family to manage expectations and reduce potential conflicts.

Securing Your Estate's Future

Navigating probate litigation requires patience, understanding, and the right legal support. Whether you are drafting your Will or are involved in a dispute, engaging with lawyers that handle Wills can provide the guidance and representation you need to ensure that your wishes are honored and your loved ones are cared for. Remember, the goal is to honor the decedent's wishes while ensuring a fair and just resolution for all parties involved.

For residents of Delaware County, Chester County, and Lancaster County, seeking assistance from Lawyers in West Chester can offer local expertise and support during these challenging times. By taking proactive steps and seeking professional advice, you can navigate the complexities of probate litigation with confidence and peace of mind.

This blog was originally posted on https://pa4law.com/probate-litigation-common-disputes-and-resolutions-in-estate-administration/

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The Impact of Creditor Claims on Estate Settlement

When undergoing the process of settling an estate, understanding the role of creditor claims is important. These claims can significantly affect the distribution of assets, the overall timeline of the settlement, and the amount that beneficiaries ultimately receive. Here we will guide you through the impact of creditor claims on estate settlement and highlight the importance of consulting with an experienced estate planning attorney or probate lawyer.

Understanding Creditor Claims

Creditor claims in estate settlement are demands for payment that creditors make against the deceased's estate. These can arise from various sources, including credit card debts, loans, medical bills, and other outstanding obligations.

Key Steps in Handling Creditor Claims

1.   Notification of Creditors: The estate's executor is responsible for notifying potential creditors about the decedent's passing and the initiation of the probate process, allowing them to submit their claims.

2.   Claim Submission Period: Creditors have a specific timeframe, determined by state law, to file their claims against the estate.

3.   Evaluation and Payment: The executor must evaluate each claim to determine its validity and pay valid debts from the estate's assets.

Impact on Estate Settlement

●     Priority of Claims: Creditor claims generally take precedence over the distribution of assets to heirs, meaning debts must be settled before any distributions are made.

●     Reduction in Beneficiary Inheritance: Significant creditor debts can deplete the estate's assets, potentially reducing the amount available for distribution to heirs and beneficiaries.

●     Extended Probate Process: The need to address creditor claims can prolong the probate process, delaying the closure of the estate and the distribution of assets.

Strategies to Mitigate the Impact

●     Estate Planning: Engaging with an estate planning attorney can help in setting up trusts and other mechanisms that can protect assets from creditor claims.

●     Accurate Debt Assessment: An experienced probate lawyer can help in accurately assessing and validating creditor claims, ensuring that only legitimate debts are paid.

●     Insurance and Designated Beneficiaries: Certain assets, like life insurance policies with designated beneficiaries, may bypass the probate process and are not subject to creditor claims, thus protecting the intended inheritance for beneficiaries.

Consulting with Professionals

Given the complexities involved in settling creditor claims during the estate settlement process, consulting with professionals is imperative. Estate planning lawyers in Chester County, PA, can provide tailored advice and strategies to protect your estate's assets and ensure a smooth transition for your heirs.

Mitigating the Risks

Creditor claims can have a profound impact on the estate settlement process, affecting everything from the distribution of assets to the duration of the probate process. By understanding these impacts and taking proactive steps in estate planning, you can mitigate the risks associated with creditor claims. Consulting with a skilled estate planning attorney or probate lawyer is crucial to navigating these complexities effectively and protecting your estate for the benefit of your heirs.

This blog was originally posted on https://pa4law.com/the-impact-of-creditor-claims-on-estate-settlement/

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Living Trusts vs. Testamentary Trusts: Choosing the Right Trust for Your Needs

When it comes to estate planning, understanding the differences between Living Trusts and Testamentary Trusts is crucial for ensuring your assets are distributed according to your wishes. Both types of trusts serve important roles in estate planning, but they operate differently and serve distinct purposes. If you are considering setting-up a trust in Pennsylvania, Delaware County, Chester County, or Lancaster County, partnering with the best estate attorney can guide you through the process to make informed decisions.

Living Trusts

A Living Trust, also known as an inter vivos trust, is created during the trustor's lifetime. It allows you to manage your assets while you are alive and specifies how your assets should be distributed upon your death. Key characteristics include:

●     Flexibility: You can choose between a revocable or irrevocable Living Trust. A revocable trust can be altered or terminated during your lifetime, but an irrevocable trust cannot be changed once established.

●     Avoiding Probate: Assets placed in a Living Trust bypass the probate process, facilitating a quicker distribution to beneficiaries.

●     Privacy: Unlike a Will, a Living Trust is not a public document, offering greater privacy in how your assets are distributed.

Testamentary Trusts

A Testamentary Trust, on the other hand, is established within a Will and only comes into effect upon the trustor's death in certain specified situations. Characteristics include:

●     Activation After Death: This trust type is part of your Will and becomes active, if at all, after you die.

●     Probate Requirement: Because it is part of a Will, a Testamentary Trust goes through the probate process which is public.

●     Estate and Guardian Provisions: Testamentary Trusts are often used to provide for minor children or adults who may not be able to manage their inheritance independently.

Which Trust Suits Your Needs?

Choosing between a Living Trust and a Testamentary Trust depends on your personal circumstances, goals, and preferences. Consider the following when making your decision:

1. Probate Avoidance: If avoiding probate and maintaining privacy are priorities, a Living Trust might be the better option.
2. Control and Flexibility: If you desire the ability to change the terms of the trust during your lifetime, a revocable Living Trust offers this flexibility.
3. Protection for Minors and Dependents: If your primary concern is providing for minors or dependents after your death, a Testamentary Trust within your Will could be the most suitable choice.

Expert Guidance for Your Estate Planning

No matter your decision, seeking advice from an experienced attorney for Will preparation and trust establishment is vital. A probate lawyer can also provide invaluable assistance if your estate goes through probate. For further insights, explore topics such as when is the best time to have a Will drafted, and the differences between revocable and irrevocable trusts.

Whether a Living Trust or a Testamentary Trust is the right choice for you depends on your specific needs and estate planning goals. Consulting with the best estate attorney can provide clarity and ensure that your estate plan aligns with your wishes, offering peace of mind for you and your loved ones.

This blog was originally posted on https://pa4law.com/living-trusts-vs-testamentary-trusts-choosing-the-right-trust-for-your-needs/

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Charitable Giving in Estate Planning: Strategies for Leaving a Lasting Legacy

 

Your legacy is the thread that weaves through generations, manifested not only through memories but also through the impact of your charitable contributions. Estate planning is a journey that demands foresight, and integrating charitable giving within this plan is a practice that can ensure your generosity endures. Here are some strategies that can help you leave a lasting legacy.

Crafting Your Charitable Vision

Begin by reflecting on the causes close to your heart. Do you wish to support local arts, foster education, or fund medical research? Determining the 'what' and 'why' of your charitable intentions is the first step. The next is to ascertain 'how' to effectively integrate these ideas into your estate planning. This is where seeking guidance from the best estate attorney becomes invaluable.

Strategic Charitable Bequests

A simple yet profound way to make a charitable gift is through a bequest in your Will. By working with an attorney for Will preparation, you can designate a specific dollar amount, a percentage of your estate, or a particular asset to a charity of your choice. Bequests are flexible, allowing you to retain control of your assets during your lifetime, with the knowledge that your philanthropic goals will be realized upon your passing.

Utilizing Trusts for Philanthropy

Trusts can be a powerful tool for charitable giving. By establishing a charitable remainder trust, you can receive income for life or a set number of years, with the remainder going to your chosen charity. Conversely, a charitable lead trust allows you to allocate income to a charity for a period, with the remaining assets eventually passing to your beneficiaries. These trusts can also provide significant tax benefits, which a proficient probate lawyer can navigate and optimize.

Life Insurance Policies with a Charitable Twist

Life insurance policies offer another avenue for philanthropy. You can name a charity as the beneficiary of a policy, creating a sizable donation upon your death. This approach is often attractive for its simplicity and the potential for a more considerable gift than might be possible through other assets.

Retirement Accounts and Charitable Contributions

Retirement accounts are often subject to heavy taxation when passed on to heirs. However, by designating a charity as a beneficiary of these accounts, you can bypass these taxes, allowing the full value of the account to support your charitable causes.

The Role of a Probate Lawyer

When integrating charitable giving into your estate plan, it is crucial to understand the legal implications. A probate lawyer can ensure that your estate plan aligns with tax laws and regulations, maximizing the impact of your charitable gifts while minimizing the tax burden on your estate and beneficiaries.

Final Thoughts

Charitable giving through estate planning is more than a financial transaction: it is a statement of values and a commitment to the causes that have shaped your life's narrative. It requires careful planning, a clear understanding of the various giving vehicles available, and a strategic approach to tax implications. Contact Us today to learn more or schedule a free 30-minute consultation. Our team of experienced attorneys can help your charitable endeavors become a lasting testament to your life and passions.

This blog was originally posted on https://pa4law.com/charitable-giving-in-estate-planning-strategies-for-leaving-a-lasting-legacy/

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Estate Planning for Special Needs Individuals

 

Estate planning is a crucial step for everyone, but when it comes to special needs individuals, it requires extra care and consideration. Ensuring the well-being and financial security of a loved one with special needs after you are gone involves thoughtful planning.

Understanding the Basics of Estate Planning for Special Needs Individuals

When it comes to estate planning for special needs individuals, it is essential to grasp the foundational concepts. Here are some key points to consider:

Special Needs Trusts: One of the most critical tools in estate planning for individuals with special needs is a special needs trust. This legal arrangement ensures that assets set aside for the benefit of a person with disabilities will not jeopardize their eligibility for government assistance programs. Consult with an estate planning attorney to establish a special needs trust tailored to your loved one's unique situation.

Guardianship Designations: Clearly designating a guardian for your loved one with special needs is crucial. This ensures that someone you trust will be responsible for making decisions about their well-being when you are no longer able to do so. Discuss potential guardians with family members and consult an attorney for Will preparation to formally document your choice.

Letter of Intent: Drafting a Letter of Intent is a valuable step in estate planning for special needs individuals. This document provides detailed instructions and insights into your loved one's preferences, routines, and necessary care. While not a legally-binding document, it can offer guidance to future caregivers and ensure a smoother transition.

Financial Considerations in Estate Planning for Special Needs Individuals

Navigating the financial aspects of estate planning for special needs individuals requires careful attention. Here are some important considerations:

Life Insurance: Consider acquiring life insurance to provide financial support for your loved one with special needs. The proceeds can be designated to fund the special needs trust, ensuring a continued stream of financial support. Consult with estate planning lawyers in Chester County PA to understand the best strategies for integrating life insurance into your plan.

Regular Reviews: Life is dynamic, and circumstances change. Regularly review and update your estate plan to account for changes in your financial situation, family dynamics, or the legal landscape. An attorney specializing in estate planning can guide you through these updates, ensuring your plan remains effective and relevant.

Legal Expertise in Estate Planning for Special Needs Individuals

Seeking legal expertise is paramount in estate planning for special needs individuals. Here is how a qualified attorney can assist you:

Customized Solutions: An estate planning attorney brings a wealth of knowledge to tailor solutions to your specific needs. They can assist in creating a comprehensive plan that addresses the unique challenges and opportunities associated with your loved one's situation.

Coordination with Other Professionals: Estate planning often involves collaboration with other professionals, such as accountants and financial advisors. An attorney with experience in this field can coordinate efforts to ensure a cohesive and effective plan.

Probate Avoidance: A probate lawyer can help structure your plan to minimize the impact of probate, which is the legal process of validating a Will. This can expedite the distribution of assets, providing quicker support for your loved one.

Connect with an Estate Planning Lawyer Today

Ready to make sure your loved one is taken care of? Talk to a lawyer who knows about special needs estate planning – they are here to help you make the right choices for the future.

This blog was originally posted on https://pa4law.com/estate-planning-for-special-needs-individuals/

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Hazards of Do-It-Yourself Estate Planning

Hundreds of websites offer do-it-yourself wills and other estate planning documents. While DIY estate planning may seem like a good way to save a few dollars, it can have serious repercussions for your beneficiaries. Even if you have few assets, laws vary by state, so it’s always a good idea to seek the counsel of local lawyers for wills and other estate planning documents.

An Estate Plan is More Than a Will

Many people believe that as long as they have a valid will, they have all aspects of estate planning covered. This is simply untrue – proper estate planning is also designed to protect your rights and interests while you are still alive. Some other vital estate planning documents include:

• Power of attorney for health care
• Power of attorney for finances
• Advance directive (living will)
• Trusts

If you fail to have durable powers of attorney in place and you become incapacitated, the court may appoint someone to make medical decisions and handle your finances for you. A probate lawyer or estate planning attorney takes a comprehensive look at your specific needs and can help you draft solid, legally valid documents that protect you and your family.

Trusts Can Simplify Estate Planning

Assets in trusts usually don’t have to pass through probate, and some types of irrevocable trusts can offer tax advantages. However, if you attempt to create a trust by yourself, you run the risk of making mistakes that can have negative consequences for your loved ones. If you’re creating a trust, it’s important to be well-versed in the laws of your state to ensure it’s done correctly. 

Trusts can include certain stipulations, such as disbursing funds over time or when a beneficiary reaches a certain age. This means that you have to do your homework, which can be complex and take a significant amount of time and energy. Using a good estate planning law firm instead of attempting to do it yourself ensures that any trusts are done right the first time and all your legal bases are covered.

Updating Your Estate Plan is Critical

Reviewing your estate plan every year or two or when major life events happen is essential. Marriage, the birth of children or grandchildren, divorce, and other happenings can have a significant impact on your estate. You may also acquire or sell assets. It’s critical to adjust your estate plan accordingly to help make things as easy as possible for your loved ones after you’re gone. For example, if you get remarried and want to ensure your children’s inheritance is protected, creating a new will and trust can help to ensure your assets end up in the right hands.

If you need assistance with estate planning, don’t go it alone. Our Pennsylvania wills lawyers and estate planning attorneys in Chester County PA offer affordable, personalized legal services you can trust.

This blog was originally posted on https://pa4law.com/hazards-of-do-it-yourself-estate-planning/

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Common Estate Planning Errors that May Have Unintended Consequences

Having a solid estate plan in place is important to ensuring that your wishes are carried out and your family is taken care of. Regardless of the size of your estate, attempting to create an estate plan on your own can lead to costly mistakes down the road. Being aware of these common estate planning mistakes, and seeking the counsel of an experienced Pennsylvania estate planning attorney, can help to ensure all of you are well prepared for whatever may come your way.   

Only Having a Will

A last Will and testament is not a complete estate plan. It is critical to consult an estate planning lawyer to find out how to best protect your interests and your beneficiaries. The best estate attorneys will do a comprehensive review of your assets and finances, talk with you about planning for incapacity, ascertain your family circumstances, and advise you on whether trusts would provide any benefit to you or your loved ones.  

Failing to Create Powers of Attorney for Finances and Health Care

Many people have the misconception that creating a general durable Power of Attorney [POA] will give your agent control over your health care decisions and financial matters. Being as specific as possible in a POA can help to ensure your rights are protected and your desires are carried-out as you intended if you become incapacitated. 

A Durable Power of Attorney for Health Care, also referred-to as a Health Care Directive, allows your designated agent to make medical decisions on your behalf, and also enables you to specify your wishes for end-of-life decisions if you are unable to make them yourself. A Durable Power of Attorney for Finances gives your agent the ability to handle your finances in the event of incapacity. While most people choose the same person for both types of POA, some prefer to name separate trusted individuals to manage their health care decisions and finances. Attorneys who specialize in Wills are knowledgeable about how Powers of Attorney should be drafted. 

Misunderstanding the Implications of How your Assets are Distributed

Even if you have a Will, some assets like life insurance and retirement accounts are not typically controlled by your Will and do not have to pass through probate. This can lead to problems if you fail to update beneficiaries after major life changes like divorce or the death of a spouse. In addition, understanding which assets may be subject to estate and income taxes can help your beneficiaries keep more of their inheritance in the long run. 

Other actions that you may think are beneficial, such as adding your adult child to the title of your home or other property, attempting to plan your estate around specific assets, or failing to create trusts for minor children and loved ones who are not good at managing money can have disastrous unintended consequences. A probate lawyer can help you understand how certain estate planning documents like trusts can be effective ways to simplify things and reduce the amount of time and money your beneficiaries spend on settling your estate.  

These are just a few common estate planning mistakes that can throw a wrench into even the best-laid plans. An experienced attorney can help you sort it all out and create a solid estate plan that gives you peace of mind.

This blog was originally posted on https://www.pa4law.com/common-estate-planning-errors-that-may-have-unintended-consequences/

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4 Things to Consider when Creating Your Will

Regardless of your age or income, it is essential to have a properly drafted Will. Although thinking about and discussing death is not pleasant for anyone, having a Last Will and Testament in place at the time of your death can relieve your loved ones from a heavy emotional and financial burden. Hiring an attorney for will preparation helps to ensure it is prepared correctly the first time, and gives you and your family peace of mind. Taking these four issues into consideration is vital when writing your Will. 

1. Take Stock of Your Property and Assets

Before meeting with an estate planning lawyer, sit down and make a list of all your assets and property. This includes your home, vehicles, jewelry, and any other items of value. Write down the amounts of all your bank accounts, investments, stocks and other financial assets. Keep in mind that certain assets such as retirement accounts, proceeds from life insurance, and property owned in joint tenancy typically fall outside the scope of a Will, so make sure all beneficiaries are up to date. Although some people prefer to keep their Will fairly general, if you have certain items or family heirlooms that you want to pass on to specific people, include a comprehensive list of who gets what. An experienced probate lawyer can help you understand which assets may avoid probate and how proper estate planning can help make the process easier and less time-consuming for your loved ones.  

2. Think about who to Choose for Vital Roles

Choosing the right executor for your Will can be daunting. Of course, you should choose someone you trust to take care of your affairs and settle your estate according to your wishes. Picking legal guardians for minor children and pets can also be overwhelming. If you are setting-up trusts for your children, it may be best to choose someone else as trustee. It can be tough to put aside your emotions when making these important decisions. Discussing your family dynamics and other issues with your estate attorney is always a good idea. Your lawyer can provide an objective perspective that may help you see things more clearly. 

3. Consider all Beneficiaries

If you are married, typically your estate will pass on to your spouse, but what happens if you both pass at the same time? Think about the family, friends, and charities you would like to include as beneficiaries. If you want to leave money or assets to a loved one who isn’t great at handling their finances, talk with your attorney about setting-up a trust whose assets will be controlled by someone else. If you wish to provide for a loved one with special needs, your attorney can help you set up a trust for them as well. If you have children from multiple marriages or a blended family, make sure to discuss your wishes with your attorney so they are laid out specifically in your Will. 

4. Do Not Go it Alone

Although estate planning websites make it look easy, attempting to draft a Will on your own can lead to serious mistakes that can have disastrous financial and emotional consequences for your beneficiaries.  If you are concerned about the expense, keep in mind that the cost of having a lawyer draft your Will is probably not as much as you think. 

Do you need assistance with creating a Will or estate plan? Contact a Pennsylvania estate planning lawyer today. 

This blog was originally posted on https://www.pa4law.com/4-things-to-consider-when-creating-your-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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Think You Understand Inheritance Rights? Here’s What You Should Know.

Many people believe they understand inheritance rights, but very few (outside of the legal and estate planning professions) actually do. This is because laws regarding inheritance are complex and vary from state to state. Below are the five common myths about inheritance rights that our Wills lawyers debunk:    

Myth 1: I can leave my property to whomever I choose.

It’s true that, in your Will, you can leave your property to anyone you choose. However, inheritance rights may override your wishes as stated in your Will. This is particularly true when it comes to a spouse who survives you. Depending on the state in which you reside, a surviving spouse is legally entitled to one third to one half of your property even if you have not provided for him or her in your Will. The spouse would have to contest the Will, but it is likely that a state court will award the percentage of the estate allowed by that state’s inheritance laws.

Myth 2: My surviving spouse will automatically inherit all of my property.

As you can see in the answer to Myth 1, the words “automatically” and “all” are problematic. A surviving spouse does have inheritance rights, but if the spouse is not named in the Will, he or she will have to contest the will to receive an inheritance. This is an important reason to make sure you have a Will. Moreover, if you wanted your surviving spouseto inherit your entire estate, you would need to specifically mention this in your will.

Myth 3: My ex-spouse cannot inherit my property.

This is not true if you have an outdated Will that leaves an inheritance to your now-ex-spouse. Be sure to meet with your estate planning attorney whenever you experience a major life event like a divorce, to make sure your will is entirely up-to-date and reflects your current wishes, not those of 10 or 20 years ago.

Myth 4: My children and grandchildren have a right to inherit my property.

The fact is that your children and grandchildren do not have a legal right to inherit your property. To ensure that they will inherit, you must name them as beneficiaries in your Will. Again, make sure your Will is up-to-date; a child or grandchild may have been born after your Will was originally written. Let us assume your will names your older children as beneficiaries but does not mention the younger one(s) who were born or adopted after the Will was written. Most states will allow a child to contest a Will if it appears the child was left out by accident. A probate lawyer will tell you this means the child must go to the expense of time and money to contest the Will.

Myth 5: To disinherit a child, I just leave him or her out of my Will.

Disinheritance is specifically addressed by state laws. Let us say that you have named two children as beneficiaries and do not name a third child. If that child contests the Will, the state will not assume the child is disinherited. To disinherit a child, you must state in your Will that you are not leaving assets to this child. Another method is to leave just a small amount to the disinherited child so it is clear the child was not left out by accident.

Clearly, you need the help of an experienced estate attorney to navigate your state’s inheritance laws. Set up a consultation today to create or review your estate plan.

This blog was originally posted on https://www.pa4law.com/think-you-understand-inheritance-rights-heres-what-you-should-know/

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