Named Executors are free to decide whether they wish to retain an attorney to help them through the probate and estate administration process in Pennsylvania.  From a practical standpoint, proceeding with the help of an experienced PA probate attorney may prevent significant and unnecessary problems and delays with the process. 

Planning for a child’s financial future is an important aspect of creating an effective estate plan, but when planning for a child with special needs, there is much more that must be considered.  A Supplemental Needs Trust (also called a Special Needs Trust) is a specialized legal document designed to benefit an individual who has a disability and, in terms of estate planning, is typically used by parents and grandparents as a tool to provide for a child’s special needs in the future.

Being named an executor of an estate is an important job and it is wise to consult a PA probate lawyer before making any decisions as executor.  The executor is a fiduciary.  A fiduciary is held to the highest standards of loyalty and care in the eyes of the law.  As such, the executor must comply with Pennsylvania law; make appropriate decisions with regard to estate assets, i.e., decisions for investments, payment of taxes, sale of home, etc.; make decisions for satisfying debts; and properly handle claims against the estate.  If the executor fails at complying with any of these obligations, the executor can be held personally liable.  Therefore, an executor should be extremely diligent and prudent in carrying out his or her duties, and an experienced PA probate lawyer can help tremendously.  The first question many executors are concerned with is “what will it cost to probate and/or administer the estate?”  As an experienced PA probate lawyer, this is a difficult question to answer, as the total cost of administering an estate depends on the estate itself and more work and costs will be involved if the estate is large and complex.  Pennsylvania law does not have express requirements for what attorneys may or may not charge for representation during probate and estate administration, except to say that the fees must be “reasonable.”

Generally, anything that a person has in his or her possession at the time of death becomes part of his or her estate and can legally be passed to his or her heirs or beneficiaries.  However, as more and more property is digitally purchased, accessed, and stored, questions are now being raised as to whether these “assets” are able to pass to others after death.

A critical component in any person's Will is naming a person to act as an "executor" (also known as a “personal representative") for the estate.  The executor is responsible for completing the administrative tasks involved in probating a Will, such as gathering assets, paying bills, and distributing assets according to the Will.  While it is critical that the person named as executor be responsible enough to handle these duties, mistakes are commonly made by even the most responsible executors.  The following is a list of 5 common mistakes made by executors in Pennsylvania:

When your parent or other loved one dies in Pennsylvania, you may face the overwhelming responsibility of wrapping up his or her affairs and administering the estate either as a named executor in the Will or as an administrator if there is no Will.  There are many tasks to attend to that often require intense attention to detail, especially if you have been appointed the executor or administrator of the estate.  These responsibilities can add tremendous stress to what is already a difficult time.

Unless you’ve attended law school, understanding the common vocabulary terms used in the context of probate and estate administration in Pennsylvania can be extremely difficult.  At The Martin Law Firm, our Montgomery County probate attorneys realize that dealing with the death of a loved one can be tremendously difficult as it is, without the additional stress of feeling like you need to learn a foreign language. 

Abraham Lincoln is widely regarded as a great American hero and as one of the leaders who helped to end slavery in our country.  Lincoln’s life is a remarkable story of a rise from humble beginnings to a legacy of historic achievements.  President Lincoln’s extraordinary life came to a tragic end in April 1865 when a famous actor and Confederate sympathizer, John Wilkes Booth, fatally shot the President at Ford’s Theatre in Washington, D.C.  The assassination occurred just days after Confederate General Robert E. Lee’s surrender, which effectively ended the Civil War.

The impending death of a loved one is always a difficult and emotional time, but being adequately prepared during a loved one’s final days can help you handle the event.  Friends and family members are presented with many daunting challenges when dealing with the death of a loved one, including final preparations, financial obligations, and navigating a confusing and frustrating legal process.  During this time, many are tempted to avoid calling a PA estates lawyer and attempt to handle the legal matters alone or ignore them completely.  However, this may complicate the situation for those named as executor of a loved one’s estate and being prepared early will make the process easier for everyone involved.

When it comes to estate planning, you may only think of a Will, but there are other options that can be utilized to distribute your assets upon your death to your loved ones.  Trusts are estate planning instruments which can be part of your Will or used to replace a Will.  Trusts are designed for very specific purposes and, as such, there are a number of different Trust types to consider.  At The Martin Law Firm, experienced Montgomery County, PA Trust lawyers can discuss Trust options with you to determine which Trust, if any, is right for you and the benefits of having one.  The following are some of the most common Trusts recommended by Trust lawyers in Montgomery County, PA estate planning: