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Probate is the formal procedure by which an Executor or Administrator is appointed to oversee the administration of a Decedent’s Estate. The process is usually initiated at the Register of Wills Office located in the County where the Decedent resided by petitioning the Register for either Letters Testamentary (if there is a Will) or Letters of Administration (if there is no Will).
While the process of administering a Decedent’s Estate is conceptually a simple matter, i.e. the Decedent’s assets...
Having an effective estate plan allows you to plan for the management of your assets while you are alive and for their timely and cost-effective distribution and disbursement after your death. A well crafted estate plan can help you minimize, or entirely avoid, the costs and expenses associated with the probate process and the payment of estate and after-death taxes.
The attorneys at American Wills & Estates have over 100 years of combined legal experience in helping clients...
A Will Contest is a legal proceeding in which a challenge is raised as to the validity or enforceability of a Decedent’s Last Will and Testament. Such challenges and disputes can arise for a number of reasons:
The person making the Will lacked the mental capacity to understand what he or she was doing.
Someone exercised duress, pressure or undue influence over the person making the Will
The person making the Will may have tried to amend or change their Will, but did so improperly, and...
There are many different types of trusts, but the person who is ultimately in charge of the trust is generally called the Trustee. The Trustee has many fiduciary duties that are inherent in the administration of any type of trust. First and foremost, the Trustee must put the interests of the beneficiaries of the trust above all other considerations, except as they relate to his or her duties under the law.
In some situations beneficiaries may allege malfeasance on the part of the Trustee or...
It is the function of the Pennsylvania Orphans’ Court to protect the personal and property rights of all individuals and entities that may not be otherwise capable of handling or overseeing their own affairs. The Court has jurisdiction over minors, incapacitated persons, decedents’ estates, nonprofit corporations and trusts. The Court has the authority to appoint guardians for both minors and incapacitated persons, adjudicate disputes over the administration of a Decedent’s Estate, resolve...
As people age, they sometimes lose their ability to think clearly and to properly manage their financial affairs. They may become confused, pressured or unduly influenced by family members, friends or even strangers to transfer their financial assets, real estate or other personal property. In Pennsylvania, we have laws designed to protect the elderly from this kind of financial abuse and fraud. If you suspect that a family member or someone you know has been a victim of elder fraud, the...
Administrators, Trustees, Guardians and Executors of an estate all have a very high standard of care. They have been entrusted to oversee the proper and appropriate administration and distribution of assets for the sole benefit of the beneficiaries. Failure on their part to do so may leave them not only liable for their malfeasance, but, in some cases, may even lead to criminal charges.
The attorneys at American Wills & Estates represent beneficiaries of trusts, estates and guardianships...
The transfer or retitling of the Deed to a person’s home or other real property is often an important component of estate planning and wealth preservation. At American Wills & Estates, our attorneys have prepared countless Deeds over the years between parents and children, grandparents and grandchildren, siblings, and other family members as one element of their estate plans.
Having property titled in your name alone at the time of your death can lead to certain problems and disadvantages...