What types of issues are handled under Pennsylvania probate?

On behalf of Scaringi Law posted in Estate Planning on Friday, November 18, 2016.

Most of the issues in this area of law circle around estate planning -- or the lack thereof. Some of the procedures differ, depending on whether your loved one created a comprehensive estate plan. If there is no will, trust or power of attorney in place, Pennsylvania's probate laws will govern how you and other surviving family members proceed in the event that he or she dies or becomes incapacitated.

In addition to domestic and ancillary probates, your attorney should be able to handle a number of issues on your behalf that fall under probate here in Pennsylvania. Since not every probate goes smoothly, he or she should be prepared to handle will contests, demands for accountings and claims against fiduciaries, among other issues that can arise. It might also be necessary to have a trustee, executor or guardian removed for some reason which, if successful, will also require someone to be appointed in that person's place.

If it is your estate plan, you might want your attorney to be the trustee of your trust, or in the alternative, ask him or her to advise a successor trustee upon your passing. Taxation and business issues will more than likely also require some assistance in order to avoid any unnecessary mistakes that could cost the estate and, therefore, the heirs and beneficiaries now or in the future. You might also need assistance with real estate transactions or finding a nursing or assisted living home for you or a loved one.

As you can see, Pennsylvania probate covers a plethora of issues. The important thing is to find an attorney who is well versed in this area of law and can provide you with a multitude of services. Too narrow a focus could mean that a critical step in the process could be missed.