Probate Mistakes and How To Avoid Them

As an attorney who has practiced exclusively in the areas of estate planning and probate estate administration for the past twenty years I have heard people make every excuse under the sun why they don’t need to take the time to put an effective estate plan in place. Here are five of the most common excuses I hear:

  1. I don’t have enough assets for it to matter, can’t I avoid probate altogether? Depending on how you assets are titled, you can get sometimes get by without formally opening a loved one’s estate, but why risk it? If your estate has debts or your own real estate probate estate administration will be needed. Probate in Pennsylvania is not as complicated as it is in some other states, but with a properly executed Will the duties of the executor are generally simple and pretty straight forward.
     
  2. I don’t need an attorney I can do my estate plan by myself with stuff off the internet or by using a form book. Indeed, in today’s world of technological information you may be able to cobble together your estate plan by yourself. however, doing so might not be the best of ideas. There are many pitfalls in the probate code that can confuse even an experienced attorney. Every state has a different rules and every individual has a different set of needs. A local attorney familiar with his/ her state’s rules can more effectively draft a plan to accomplish your specific estate planning needs.
     
  3. Failure to take into account your entire estate. It’s important to account for everything and understand where and how things will pass to your heirs either under your Will or to your named beneficiaries. I will often draw a flow chart to help my clients visualize where and how their assets will pass. Quite often my clients will forget to tell me about certain collections and/or personal items that they have and that they want to pass on to a specific heir. Do you have jewelry, collections or family heirlooms that you want to pass on? Are there oil, gas or mineral rights or royalties that you have forgotten to mention? You should talk to an experienced attorney about these types of things so that you can put into place an effective estate plan.
     
  4. Failure to plan for incapacity. This is not a pleasant area to discuss, but there is a real chance that you or someone in your family may become incompetent or incapacitated. If you have not taken this into consideration in your estate plan, your children or other heirs may have to initiate a formal court proceeding called guardianship in order to be able to act on your behalf. A court appointed guardian can both your financial and healthcare needs. However, a good estate plan will already include documents allowing one or more of your children or other heirs to act on your behalf in the event of you incapacity and without the need for court intervention. More importantly to some families, you can decide who will act and who will not act on your behalf in the event of your incapacity.
     
  5. Failure to have an Advanced Healthcare Directive or Living Will. The nation saw up close and personal what a worst case scenario could be like in 2005 with the Terry Shiavo case. End of life decision making that should have been personal and private, was debated by the entire nation, in congress and in the courts. In Pennsylvania, one can complete a simple form that makes your end of life wishes clear and allows you to appoint one or  more individuals who will carry them out. Had Terry Shiavo had this simple form the controversy surrounding her case could  have been avoided.

So those are five of the common mistakes or excuses my clients have made over the years. DON’T MAKE THE SAME MISTAKES! I highly recommend that you take the time to talk to an experienced estate planning attorney so that you can put together and estate plan that best suits your family’s specific and  individual needs


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Our Services Include

  • Practice Limited Exclusively to Probate Estate Administration, Estate Planning and Real Estate law
  • We Provide the Majority of our Probate Legal Services on a Flat Fee Basis
  • We Offer Free Initial Consultations to all of our Clients
  • We Don’t Get Paid Until the Entire Estate Administration Process is Finished
  • We Guide our Clients Through the Probate Process from Start to Finish
  • We Have Multiple Convenient Office Locations
  • Home, Hospital, Evening and Weekend Appointments are Available Upon Request
  • Losing a loved one is hard enough and we strive to make the whole estate administrative process as simple, straightforward and stress free as possible

If you’ve recently lost a loved one and are trying to find a law firm to guide you through the Probate Estate Administration process, make sure that you speak with our law firm before hiring anyone else. Getting skilled, experienced and caring legal assistance from the start can make all the difference in the world in determining how smoothly and efficiently the estate administration process goes.

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Attorney Profile:

Attorney Welling received his undergraduate degree in Journalism and Communications from Point Park University in 1986 and his law degree from Duquesne University School of Law in 1992. He started the law firm of American Wills & Estates in 1997 and has practiced exclusively in the areas of Probate Estate Administration, Estate Planning and Real Estate law since that time. When not working, Lloyd can be found cheering on the Steelers, Penguins and Pirates; golfing… badly, or walking his three rescue dogs up and down the hills of Mt. Washington.

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born1201 - September, 2018