Summary: What Happens During The Probate Process

On a living will, an individual can express if they would prefer not to be resuscitated or if they don’t want to be living artificially on life-support. Additionally, living wills establish a written declaration of a power of attorney, establishing a person who may legally speak on behalf of a patient who is unable to do so. Living wills are crucial pieces of documentation that are necessary for the dignity and wishes of a person who may fall unexpectedly into a life-threatening condition. If a person does not wish to live artificially on life support, a living will may be the only documentation that can secure their right to die with what they choose to be a dignified death. Unfortunately, living wills are not too common, resulting in countless Americans whose lives are extended long after they wish to live. In order to get a living will, one can either hire an attorney and have the attorney draft a living will or there are templates available that can be filled out and submitted for notarization.

"Probate1 works with individuals to ensure the process runs smoothly. Our firm works to get the heirs the maximum amount allowed by law, while fulfilling any obligations. The probate lawyer may be called in at any time, to create the will, establish a trust or develop documents for a person's medical power of attorney, among other things. In addition, the lawyer can handle the filing of the estate with the court," Jackson goes on to say.

Thankfully, there are ways to minimize the amount of probate your family and friends will have to go through. Work with an estate lawyer to find alternate ways to divide your

In full disclosure, I am not an attorney. Also, in my estate administration, abatement was never a concern. So, this article is a simple overview of what the abatement process entails. The abatement process is much more complicated than this article reveals. As a result, any common executor facing abatement should defer the matter to an attorney skilled in probate law.

In New Jersey, an experienced estate planning attorney can draft documents which transfer ownership of real estate, bank accounts, or other property immediately after a person’s death without the added inconvenience of going to court. However, these types of transfers only work if property is title correctly and the estate plan is updated frequently.

As the Testator, you can name two people, as Joint Executors, to administer the estate. There can be some benefits as well as pit falls to this approach, and the right decision will vary depending on your family and financial situation. Appointing more than one Executor can help to spread out the duties required of the Executor. This can be particularly beneficial for Executors who have full time careers or obligation which make it difficult to find time to fulfil their estate administration duties. Another advantage of Joint Executors is that the Testator can assure the executors have the necessary financial expertise

The main point of this video is the magnitude of participating in estate planning. One important aspect is making a will. The You Tube video I chose was from a law firm called, “Argon Law”. The speaker emphasized the advantages and disadvantages of making a will, so your wishes for the distribution of your assets at death/tragedy will be meet. “This includes Assets held by companies, assets held in trusts, and proceeds of life insurance are a few of the processes you must think about. One important statement he made. The law allows for your spouse, child or dependent to challenge your will after you die.”(Gallagher, 2014).

To discuss your specific needs with one of our estate planning attorneys in Pittsburgh, please call us at Fingeret Law at 412.281.8222 or contact us

There are two reasons, really. The first is that folks don't like to think about death. The second is that they believe their estate with automatically pass to their heirs even if they don't have a will. The former is undeniable, the latter is a misconception. If you pass away without a will, also known as intestate, a state court must decide how to allocate your assets.

We usually think of a person’s will as a financial document used to make sure his or her estate is distributed according to his or her wishes. The will can also be used as a constructive tool or a destructive weapon to reach other goals, which often do not involve money. Eddy M. Elmer, in his article, “The Psychological Motives of the Last Will and Testament” describes the use of wills. Used positively, a will can be used to foster a sense of continuity for the survivors and to preserve family relationships. Used negatively, through imposed conditions, disinheritance, unequal treatment, and attaching “strings,” a will can be used to control from the grave and continue dysfunction in a family.

In the Brookline, MA area, the Law Offices of Houlihan, Kraft and Cardinal are available to help with your initial will or modifications. With numerous years of experience in estate planning, attorney Dan Cardinal is available to answer all your questions. Contacting the law firm will give you peace of mind your wishes will be

For example, if the deceased has a partnership in a business, it will need to be determined how much of the business belongs to the deceased and whether this interest should be sold or simply passed on to heirs. Also, if the interest in the business is passed on to an heir, will it be given to a single heir or will it be divided up between two or more heirs. If the business was a sole proprietorship, it may be the case that the deceased's business finances were mingled with his or her personal finances, so it may not be easy to separate the two. Regardless of the status of ownership, there will be the issue of continuing to operate the business. It is likely that there are employees who are dependent on the business for their

Avoiding probate. ... ensure that all, or some, of their property, passes directly to their heirs, without going through probate court A will is a document which tells the probate court how an individual wishes to ... created during an individual's lifetime and can be used to avoid the probate process Legal Malpractice Claims. If you feel that your attorney has cost you money because of his or her malpractice, you should consider suing to recover. However, winning a legal malpractice case can be quite difficult because you have to prove two essential elements:

Living Wills, sometimes called Advanced Directives, are legal documents accepted in all 50 states. They clearly define a person’s wish to decline life-support or medical treatment in certain circumstances, usually when death is imminent. Generally, a living will takes effect when a person becomes terminally ill, permanently unconscious or conscious with irreversible brain damage.

A trust provides a private, non-probate administration. The only persons entitled to notice or accounting of trust assets are the beneficiaries. Distribution of trust assets can often be accomplished within a few weeks of the death of the person