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Estate Administration and Probate
- Why Was Probate Created?
- Before you add your child's name to your bank accounts, ask yourself this question: Do you know how much credit card debt your child has? Are you really familar with your child's credit scores?
- Finding Tips On Estate Planning at the Theatre
- Update on the Status of Federal Estate Tax
- Michael Jackson Estate Makes Land Mark Estate Deal With Sony
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Estate Administration and Probate
Estate Administration and Probate
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ShieldsandBoris Blog
Where do you turn when a loved one dies and you are responsible for administering their estate?
Your loved one from Pennsylvania has passed away. You are grieving your loss and now you learn that you are responsible for handling the estate. In a short time, you need to become an expert in state laws and regulations, the process of probate, proving a will, administration of an estate, and inheritance and estate taxes.
In his third year of law school, Jim Shields found himself in this difficult situation. After the death of his mother, Jim’s family turned to him to handle the complicated process of probate and estate administration. Unprepared for this task, he turned for help from a lawyer specializing in probate and estate disposition.
It was then that Jim Shields dedicated his career to providing quality legal support for families dealing with the complexities of estate administration and disposition.
The Shields & Boris team of estate lawyers has helped many families develop estate plans designed to minimize losses to inheritance taxes and probate costs. We have the expertise to guide you through the confusing estate disposition process -- proving a will, paying and collecting debts, filing and paying estate taxes, and probate costs. Our attorneys are known for the special attention we give to each of our clients. We understand the emotional strain involved when working through the death of a loved one. Contact us today to schedule a free consultation at 1-800-879-0984.
What is Probate?
Probate refers to the court process used to validate a will, administer payment of creditors and oversee distribution of the estate assets. Probate is a complex process that includes collecting, compiling an inventory and appraising assets, paying and collecting debts, filing and paying estate taxes, and distributing remaining assets to beneficiaries. Probate can be extremely complicated and require lengthy legal proceedings.
The attorneys of Shields & Boris have dealt with complex cases including estates where creditors have attached liens to a deceased’s property due to unpaid bills, welfare payments to nursing homes and will contests. We are well prepared to assist you in this difficult time. Call us today and let us carry the burden of this legal process for you, we care about you and your family!
How can an estate attorney help with the probate process?
The experienced probate lawyers of Shields & Boris work with families after the death of a loved one to make sure that the wishes and plans of the deceased are carried out. We will help you with the selling of assets, real estate transactions and closings, settling with creditors, and distribution of assets in accordance with the plans of the deceased.
Estate and probate laws vary by state and allow the government to recover certain costs for benefit payments provided during the life of the deceased. Our experienced Pennsylvania probate and estate attorneys are knowledgeable in these laws and will attend sworn hearings to help minimize the financial consequences to the estate.
What are non-probate actions?
In addition to probate, estate administration includes non-probate transfers of assets from an individual’s estate. Non-probate transfers include: trust assets, annuities, life insurance and qualified retirement plans. As estate administration attorneys, we are well prepared to assist you in any of these areas.
How do I deal with will contests?
You may think that having prepared a will guarantees that your estate will be distributed according to your wishes. In reality, the court provides an opportunity for others to object to the will. A challenge or will contest may be brought by anyone with an interest in the will who contends that the document is invalid in some way. A will contest is made by someone challenging the validity of the will and handled through the courts. You will benefit from the services of a qualified estate and probate attorney who will be able to assist you with this and many other complex situations.
The Attorneys of Shields and Boris will help you with: gathering, assessing, inventorying, and distributing the assets of your deceased loved one. We will prepare estate tax returns, handle real estate transactions, and any litigation related to the estate in a timely manner. Our concern is for the disposition of your loved one’s assets in keeping with their intent while incurring the minimum cost to the estate. Give us a call and we can help you through this complex process!
DISCLOSURE: The information on this web page has been provided by Licensed Insurance Professionals and Attorneys, and is not sponsored or endorsed by any governmental agency. This agency, the individual agents, and the insurance carriers they represent do not guarantee the validity of the content found on any third party site, and are not responsible for maintaining the content provided therein.
If you have any questions or would like a free consultation call us toll free at 1 800 879 0984 or send us a message through our website by clicking here and we'll be certain to respond.
Elder Law Offices of Shields and Boris
109 VIP Drive
Suite 200
Wexford, PA 15090
Phone: (724) 934-5044
Toll Free: (800) 879-0984
Get Directions
Blog for Estate Administration and Probate
- Why Was Probate Created?
- Before you add your child's name to your bank accounts, ask yourself this question: Do you know how much credit card debt your child has? Are you really familar with your child's credit scores?
- Finding Tips On Estate Planning at the Theatre
- Update on the Status of Federal Estate Tax
- Michael Jackson Estate Makes Land Mark Estate Deal With Sony
- The Governator Says Health Reform Will "Beat Up" California
- When a will isn’t enough
- Want to avoid probate? You have options!
- Managing your online accounts and passwords
- Unexpected problems resulting from an untimely death
- The importance of getting the right legal advice when administering an estate
- Is it time for a beneficiary audit?
- The importance of estate planning in a down economy
Library for Estate Administration and Probate:
- What Determines the Necessity For Probate?
Probate establishes that the decedent's will was duly executed, published and attested, as required by law, and that the testator was of sound mind at the time the testator created the will. If there is no will, the probate process will insure that the individual or individuals empowered under the intestacy statue in Pennsylvania are appointed and that the intestate beneficiaries receive their lawful share of the estate. However, in many instances, the probate of a will is neither necessary and, in some cases, not advisable. - What happens in Estate matters when an individual becomes incompetent?
If an individual is incompetent, he or she will likely not be able to revise his or her Will or Living Trust. The individual may have left a Power of Attorney with the power to make certain gifts to individuals, especially transfers to spouses or charities. This would help to reduce the individual's estate, but again there may be no effect on Medicaid eligibility. Limited gifting versus unlimited gifting powers can be important. Springing powers of attorney can be problematic under HIPAA. - When Pennsylvania Estate Recovery Can Take Place By Law
Upon the death of a medicaid recipient, the Department of Public Welfare must pursue recovery of funds expended for the decedent. Estate recovery is required for any person age 55 years and older, and for whom Pennsylvania paid for nursing facilities services or care received from home and community based services. If an estate is probated, the personal representative must obtain a release by DPW that no repayment of funds is due to the Commonwealth. - Joint Bank Accounts - Risks and Benefits
There is also the inheritance tax risk that, if the younger co-tenant dies first, the older one will owe inheritance tax on the portion he/she inherits which often means he/she will be paying inheritance tax on his/her own money! - Guidelines for Gifts and Joint Accounts
The joint ownership of property may affect Medicaid eligibility. Joint ownership of accounts will certainly be countable resources subject to the rights of the community spouse. An outright gift is the simplest and easiest technique. An outright gift removes the asset from the donor's estate immediately. However, thought must be given to the amount, use, and financial experience of the recipient. - Intestacy Laws Of Pa: Dangers of Not Having a Current Living Will
Many do not realize that, at the death of a child, the deceased child's spouse is not an automatic heir. Many do not even realize that Pennsylvania's intestate law does not care which relatives sent Christmas cards, or, at least, kept in touch, and which one have not been heard from in years. Sometimes, the more detached relatives turn out to be those favored under intestate law. - Drafting Wills That Protect Clients' Interests: Every situation is different, which is why we select vehicles that meets each client's needs
Proper estate planning should also include a Financial Power of Attorney, and a Healthcare Power of Attorney, as well as Living Will. Trusts may be included in the Will as Testamentary Trusts or may be set up separately and include Revocable "Living Trusts" or an Irrevocable trust. - Long Term Care Insurance Details - Legally Bonded Caregiving. Contact us for a FREE consultation for long-term care planning.
The process for becoming a legally bonded caregiver involves contacting an insurance carrier in order to purchase a surety bond. The surety bond provides a financial guaranty in the event that services provided are not up to required standards or some financial loss is experienced by the individual receiving the care services. In many jurisdictions, a surety bond is needed to obtain a license to become a qualified or certified long term caregiver - Philip K. Dick’s estate accuses Google of infringement
Google may be excited with the recent release of the Nexus One “superphone”, but one organization that isn’t so thrilled about the new mobile outing is the estate of late science fiction author Philip K. Dick.
Electric Shepard Productions, the company which stewards and manages adaptations of Dick’s published works takes offense that Google did not seek permission from Dick’s family to use the “Nexus One” name before going public. - 20 Questions to Find Best Home Health Care Agency
At this point, it is important to understand the difference between home health care and home care services. Although they sound the same (and home health care may include some home care services), home health care is more medically oriented. While home care typically includes chore and housecleaning services, home health care usually involves helping seniors recover from an illness or injury. That is why the people who provide home health care are often licensed practical nurses, therapists, or home health aides. Most work for home health agencies, hospitals, or public health departments that are licensed by the state. - With increasing interest in reverse mortgages as a potential source for retirement income, we want to help consumers make informed decisions regarding the use of home equity to help fund one’s retirement.
When it comes to making the right legal and financial decisions pertaining to long-term care, you want the best Elder Law attorney on your side! Shields and Boris Law Office provides experienced professionals who concentrate SOLELY on Elder Law - issues such as Medicaid, Medicare, Asset Protection, Veterans Benefits, Special Needs, Wills, Trusts, Estate Taxes, Probate, and how you can protect the money you've worked your entire life for so that it goes to loved ones, instead of the government, or nursing home. Call us today for a FREE consultation! - Don't rely on Estate Planning advice from someone you can't trust, or from loved ones who may not know the full scope of the law and financial planning. Order one of our books located below, or call us for a FREE consultation to sit down and discuss all your options with an experienced, legal professional.
Don't rely on Estate Planning advice from someone you can't trust, or from loved ones who may not know the full scope of the law and financial planning. Order one of our books located below, or call us for a FREE consultation to sit down and discuss all your options with an experienced, legal professional. - Don't rely on Estate Planning advice from someone you can't trust, or from loved ones who may not know the full scope of the law and financial planning. Order one of our books located below, or call us for a FREE consultation to sit down and discuss all your options with an experienced, legal professional.
Don't rely on Estate Planning advice from someone you can't trust, or from loved ones who may not know the full scope of the law and financial planning. Order one of our books located below, or call us for a FREE consultation to sit down and discuss all your options with an experienced, legal professional. - Don't rely on Estate Planning advice from someone you can't trust, or from loved ones who may not know the full scope of the law and financial planning. Order one of our books located below, or call us for a FREE consultation to sit down and discuss all your options with an experienced, legal professional.
Don't rely on Estate Planning advice from someone you can't trust, or from loved ones who may not know the full scope of the law and financial planning. Order one of our books located below, or call us for a FREE consultation to sit down and discuss all your options with an experienced, legal professional. - What To Do When A Loved One Dies
Coping with the death of a loved one is difficult enough. What we hope to accomplish through our book "What To Do When A Loved One Dies" is help you to understand the financial and practical issues that arise during the administration of an estate.
After reading our book, you are not a legal expert on probate, but we hope we will have made you an educated client and have given you the tools you need to halp you retain competent counsel. - The Number One Enemy of Proper Estate Planning
Preparing an estate plan is too important for you to procrastinate. The number one enemy of proper estate planning is taking the first step. Failure to plan is planning to fail, and I personally would rather have a plan in place and not need it for years rather than need it and not have it in place. - Confused by all the recent Pennsylvania law changes regarding Elder Law? Shields and Boris Law Firm have accredited, experienced legal and financial professionals to answer all your questions, including the importance of putting in place a power of attorney. You want the best attorney advising you, someone you can trust. Call us and get the peace of mind you were searching for.
Are you worried you're making the right decision about your Estate Planning? Confused by all the recent Pennsylvania law changes regarding Elder Law? Shields and Boris Law Firm have accredited, experienced legal and financial professionals to answer all your questions, including the importance of putting in place a power of attorney. You want the best attorney advising you, someone you can trust. Call us and get the peace of mind you were searching for. - Death and debts: what survivors can expect
Are you worried about dying with more debt than your estate is worth or are you worried that you’ll be left with a loved one’s financial obligations? Take a deep breath – it may not be as bad as you think. Unless you are a spouse or unless you cosigned on a loan or other obligation, you may be off the hook. - Three ways to keep your estate out of probate
One concern of many individuals and couples when they work on their estate plan is how to avoid probate in Pennsylvania. There are a number of different ways that you can keep your assets from having to go through a very public probate process, and we summarize three major ones here. Living wills, joint tenancy and tenancy by the entirety, and payable or transfer on death designations are all important tools for you to use in avoiding probate. - Estate administration and online accounts: logins, passwords, and big headaches
Many of us take for granted how much information we keep track of online. Not only do many people have password-protected accounts for everything from investment portfolios to life insurance to savings, but they also keep photos, blogs, and social networking accounts online. This tangle of online password-protected information can create a real headache for survivors of your estate after you pass. Get some ideas on how to make things easier on your loved ones, and please contact the elder and estate law attorneys of Shields and Boris toll-free at 1-888-444-4093 to discuss this and other estate planning matters.
Frequent Questions for Estate Administration and Probate:
- When Can Estate Recovery Take Place By Law?
- Do witnesses have to actually witness the signing?
- What is a reasonable attorney fee for probating an Estate?
- When we find out that a loved one is entering towards the end of life, what needs to be determined first?
- What does it mean to inventory property during probate?
- What is considered an estate?
- What is probate property?
- My father died and I don’t communicate with my stepmother. Do I still have a right to see his will?
- Do I need to make any changes to my estate plan if I move to Pennsylvania from another state or away from Pennsylvania?
- What is probate?
- What is so bad about probate?
- Do I lose control of my assets when I have a revocable living trust?
- Who has control if I pass away?
- Does the lawyer who writes the will has to probate the estate?
Web Resources for Estate Administration and Probate:
- Aliquippa, Pennsylvania Estate Planners
Description: Find a Estate Planner near Aliquippa, Pa
- Allentown, Pennsylvania Estate Planners
Description: Find an Estate Planner in Allentown, Pa
- Barto, Pennsylvania Estate Planners
Description: Find an Estate Planner in Barto, Pa
- Beaver Falls, Pennsylvania Estate Planners
Description: Find an Estate Planner in Beaver Falls, Pa
- Bellefonte, Pennsylvania Estate Planners
Description: Find an Estate Planner in Bellefonte, Pa
- Berwick, Pennsylvania Estate Planners
Description: Find an Estate Planner in Berwick, Pa
- Estate Planners and Financial Advisors in Bethlehem, Pennsylvania
Description: Find Estate Planners and Financial Advisors in Bethlehem, Pennsylvania
- Estate Planners and Financial Advisors in Blairsville, Pennsylvania
Description: Find Estate Planners and Financial Advisors in Blairsville, Pennsylvania
- Estate Planners and Financial Advisors in Blue Bell, Pennsylvania
Description: Find Estate Planners and Financial Advisors in Blue Bell, Pennsylvania
- Estate Planners and Financial Advisors in Boalsburg, Pennsylvania
Description: Find Estate Planners and Financial Advisors in Boalsburg, Pennsylvania
Elder Law Offices of Shields and Boris
109 VIP Drive
Suite 102
Wexford, PA 15090
Phone: (724) 934-5044
Toll Free: (800) 879-0984
Get Directions
