Will Estate Cases

Pennsylvania Estate Proceedings

There are quite a few ways in which attorneys can help you plan your estate. They can assist clients by making sure that all of their non-liquid holdings are valued correctly. Our Philadelphia estate lawyers can help you to create documents such as Wills, trusts, and powers of attorney.

It’s important to recognize that every state has its own proceedings when it comes to estate and probate law. With over 40 years of experience, Pagano Law is your go-to partner when it comes to understanding the proceedings put in place in Pennsylvania and make sure we take every asset into account.

Our Philadelphia estate lawyers can also help our clients with the following issues as well:

• Asset Protection
• Business Succession
• Joint Accounts
• Power of Attorney
• Elder Law
• Estate Planning
• Understanding Tax Implications

At Pagano Law, we take great pride in helping our clients throughout the entire process. With our experience and expertise, we Will make sure that you have the tools you need when planning your estate. Get in touch with us today!

Determining an Estate Administrator

Deciding who to leave your estate to is an important decision that must not be taken lightly. In Pennsylvania, the individual chosen must be a resident or citizen of the United States.

It’s important to choose someone who is trustworthy and diligent, as the individual needs to be able to distribute their estate as stated in your wishes. Managing an estate can be a difficult process, one that is best completed with a trusted attorney by their side. An attorney can help the trustee to notify beneficiaries and provide any documentation to the court if necessary.

In the event that the individual is managing the estate, there are legal proceedings that can be administered. When the estate is distributed completely, receipts and disbursements must be distributed.

Wills and Power of Attorney

One of the first steps in estate planning is to create a Will. This is a document that ensures the assets and property are distributed to the individuals stated in the documents. It is critical that a Will is properly drafted and adheres to all of the probate laws in Pennsylvania. At Pagano Law, our Philadelphia estate lawyers can help you throughout the process and help you draft a power of attorney, which gives the chosen individual permission to distribute the assets.

Tilting Local Assets

In many cases, individuals Will provide gifts throughout their lives for tax breaks. This is an important aspect of estate planning. If this is the case, some of the assets are able to pass outside of probate, which makes it easier to distribute, as there are no court proceedings.

In many cases, for the property to be passed outside of probate, it needs to be co-owned with another individual or co-owned by a spouse. In Pennsylvania, trust assets are able to pass outside of probate, so a trust is a viable option here when planning the estate.

Another aspect is unclaimed property, which is property that the owner does not claim. If the owner passes away and does not claim the property, then it Will go to an account called the escheat of state.

Speaking With An Attorney

It can be difficult to plan your estate, especially without the help of a trusted attorney. This is where Pagano Law comes in and can help you put together your estate. Your Philadelphia estate lawyer can help you throughout the process and make sure that your estate gets distributed accordingly. Your attorney Will help you understand the entire process and keep you in the loop throughout.

Your Philadelphia estate lawyer knows the legalities of probate law and Will know what the best options are for you to take. We know how the court proceedings Will take place and adhere to any deadlines that might come into play throughout the process.

It’s no surprise that it is a difficult time when a loved one passes away, especially when you have to distribute their assets and deal with the estate as well. Your attorney can help you throughout the process to relieve some stress during this difficult time. Get in touch with Pagano Law today for a consultation and to begin your case.

At Pagano Law, you can trust us with your will and estate case, and help you understand the legalities of your case. Get in touch with our Philadelphia estate lawyers today!

What Services Does a Philadelphia Estate Lawyer Provide?

So, what services does a Philadelphia estate lawyer provide? At Pagano Law, we can help you with every step of the process, including:

• Filing petitions in court
• Send notices to the next of kin
• Petition to appoint administrators of the estate
• Appraising estate assets
• Payment of taxes
• Filing tax returns
• Distributing assets to the next of kin

Filing Probate

When the administrator of the estate files a petition to the Pennsylvania court in the county where the individual lived, once the petition is filed, the Pennsylvania Surrogates Court Will determine whether or not the individual’s Will is a valid document. A Will is often a valid document if the document was signed by a competent individual where at least two witnesses were present.

If the individual passes suddenly without a written Will, the next of kin Will need to file with the courts, and an administrative proceeding Will take place. The assets Will then be distributed to either their spouse or other relatives. In this case, the fiduciary Will be the executor of the account.

Estate and Probate Administration: A well drafted will is the centerpiece of every effective estate plan. Estate administration is a complex, detailed and often confusing process. Estate administration has its own legal and tax requirements along with various filing, notice and election deadlines for probate and orphans court.

Often times, family members, with no legal training, believe that they can handle an estate administration on their own. By not being aware of various legal and tax requirements, this type of self-representation often creates unknown additional problems for the immediate family and later generations. Tax laws and personal circumstances change constantly; therefore, if you are not in this business, mistakes made by “in the know” family members can be extremely costly to the estate and surviving family members.

Our legal, tax and practical experience in estate administration facilitates effective, efficient, responsive and timely estate administration for the family. We can help avoid unnecessary, costly and expensive mistakes and provide peace of mind by utilizing comprehensive and necessary legal advice and tax assistance to families coping with the grief of the loss of a beloved member of the family.

Here are some of the more important services we provide to assist clients in the estate administration and probate process:

• Will drafting and review
• Guiding and advising the executor or administrator through the estate process.
• Minimize the risk of a lawsuit brought by beneficiaries for the mismanagement of an estate, the theft of assets or other grounds for removal of an executor or trustee under Pennsylvania probate law.
• Preparation of all probate documents including drafting and obtaining letters of administration and letters testamentary.
• Assist the executor or administrator in the collection and preservation of estate assets whether they are probate or non-probate assets.
• Make sure all required notices and filings with the register of wills and orphans court are completed as required.
• Determine the creditors and claimants that have valid claims against the estate and the order of priority of payment.
• Help ensure that all legal and tax deadlines are met to take advantage of income and estate tax savings and avoidance of interest and penalties.
• Preparation of fiduciary income tax returns, final income tax returns of the decedent as well as federal estate tax returns and Pennsylvania Inheritance Tax Returns.
• Post-mortem estate and income tax planning to maximize tax savings for both the estate and surviving members of the family.
• Drafting the filing of the formal estate accounting submission to Orphans Court in Philadelphia, Montgomery, Bucks, Chester, Delaware and other outlying counties in Pennsylvania.
• Drafting of a family settlement agreement and other required forms to complete the administration of the estate.
• Advice on insurance and asset allocation.
• Drafting of Living Will and Durable Power of Attorney documents that will not be deemed unenforceable after the fact.

Now that you know more about the process of distributing the estate, you know how critical it is to have an attorney present throughout the entire process. Pagano Law is here to help you, as the administrator or executor, distribute the estate according to the individual’s wishes. We Will take care of the entire process from beginning to end, and keep you updated throughout the entire process.

Give us a call today at (215)-636-0160 for a consultation and to discuss the terms of your loved one’s Will. You can trust Pagano Law as your Philadelphia estate lawyer and to help you navigate this difficult and trying time in your life.