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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What is a Probate Litigation Attorney and Why Would You Need One?

Probate is the process by which a will is validated and an estate is administered after someone dies. Although many probate proceedings go off without a hitch, if a will is contested or other disputes arise, probate litigation may be necessary. Whether you are an executor of a will or need to address problems with the administration of an estate, an experienced probate litigation attorney can help you understand the law and protect your interests.

Types of Probate Litigation

Will or Trust Contests

To challenge the validity of a will or trust, you must show that there is a legitimate reason and that you have the standing to do so as an heir or potential beneficiary.

Common reasons for contesting a will include:

Diminished or lack of testamentary capacity – For a will to be valid, the testator (person who signed the will) must be 18 years of age and be of sound mind. This means that they have sufficient mental capacity to understand what property they own and how they want their possessions to be distributed, even if their memory has been impaired by age or disease.

Undue influence –If someone inappropriately influences a testator to draft or amend their will in a way that benefits that person, there may be cause to contest a will for undue influence.

Fraud – When a will or trust is signed by someone who believed they were signing another document with different provisions, it may be considered fraud.

Forgery – Tampering with or the unauthorized signing of a will or trust is a forgery, which is grounds to contest the document.

Errors – Each state has laws dictating how a will or trust must be drafted and signed to be legally valid. For example, if a will is signed without witnesses, signatures are missing, or important text is omitted, it could be considered invalid.

Other Probate and Estate Administration Issues

Some other matters that can lead to probate litigation include estate administrator appointments, executor fee disputes, trustee removals, guardianship disputes, spousal share claims, and requesting a formal accounting of an estate. One way to help your loved ones avoid a lot of these problems is to work with a knowledgeable estate planning attorney when creating a will and estate plan.

How a Probate Litigation Attorney Can Help

Unfortunately, sometimes issues with an estate cannot be avoided. Family disputes can escalate quickly, which is an added stress when you are already grieving the loss of a loved one. A probate litigation attorney can help you keep a cool head, navigate the probate court system, and ensure that all procedural requirements and deadlines are met.

Having a knowledgeable lawyer who understands both beneficiaries’ and estate administrators’ viewpoints is critical. Your probate litigation attorney can help you negotiate disputes and hopefully come to an agreement without going to trial. However, if a reasonable agreement cannot be reached, probate litigation attorneys are experienced trial lawyers who can represent your interests in the courtroom and provide the compassionate legal support you need to get through tough times.

Whether you need to draft a will or are facing probate litigation, our experienced Chester County estate planning attorneys and probate lawyers can help.

This blog was originally posted on https://pa4law.com/what-is-a-probate-litigation-attorney-and-why-would-you-need-one/

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