West Chester Pa Estate Administration Lawyers
Pa Estate Settlement (known as Pa Estate Administration) is the process of settling a decedent’s affairs.
When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.
The first step of the Pa Estate Administration requires the named Pa Executor to apply for Pa Probate. Pa Probate grants the Pa Executor the legal right to be able to administer the Pa Estate.
The Pa Executor must then have the Pa Estate valued in order to determine if any Pa Estate Tax and/or Pa Inheritance Tax is owed upon its proceeds.
If any taxes are due, the amount owed must then be paid by the Pa Executor of the Pa Estate before any other monies are distributed to the departed person’s beneficiaries. The Pa Beneficiaries may eventually have to file Pa Inheritance tax returns as well.
Most executors have never probated a will; many are surprised to learn the decedent’s will named them as the responsible party. I provide indispensable service for executors who have no prior experience in the probate court on matters that include:
- Filing the will with the Pennsylvania probate court
- Developing the best strategy for fairly and expeditiously settling the estate
- Finding and assembling assets
- Pay creditors and claimants
- Collecting amounts owed the estate
- Closing and opening bank accounts
- Transferring assets from the deceased to the estate
- Paying current and delinquent taxes as well as estate taxes
- Valuing, managing, preserving and liquidating the estate
- Locating beneficiaries
- Hiring experts, when appropriate
Executors can easily make mistakes due to inexperience, stress and hasty decisions. This can be costly, as executors can be held personally liable for beneficiaries’ losses. I guide executors through every step of the probate process, with reliable, detailed advice, so you can settle the testator’s estate as efficiently, quickly and easily as possible.
Even in apparently straightforward estate cases, there are sometimes disputes between disappointed beneficiaries and the will’s executor. When representing executors, I strive for the utmost professionalism in negotiations and in the courtroom. Whether the issue is a will challenge or an accusation of mismanagement of estate assets, I advocate vigorously for the testator’s estate and the executor.
Probate
In United States law and terminology, “probate” refers to proving that a will is valid. In many U.S. states, a person would petition the court for probate, and then add the will that is to be considered to their petition. Once probate is approved by the court, the petitioner officially becomes the executor and then has full legal rights to be able to deal with the deceased individual’s estate.
Pa Inheritance Tax
An “inheritance” refers to what a benefactor receives from the estate of a relative who has passed on and included them in their will. Inheritance tax is the tax that is paid to the government on the money that has been inherited. In the United States, not everyone must pay inheritance tax; an estate must be worth a certain amount before a tax payment is required. In addition to federal inheritance taxes, state taxes are required in some states. Inheritance tax returns must be filed as well.
Estate Administration
Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their will and following its instructions. The first step of the Pa Estate Administration requires the named executor to apply for Pa Probate. Pa Probate grants the Executor the legal right to be able to administer the Pa Estate. The Executor must then have the estate valued in order to determine if any tax is owed upon its proceeds. If any taxes are due, the amount owed must then be paid by the executor of the estate before any other monies are distributed to the departed person’s beneficiaries. The beneficiaries may eventually have to file Pa Inheritance tax returns as well.
About West Chester Pa Probate Lawyers
My Firm Handles Legal Matters in the areas of Pa Wills and Pa Probate, Pa Probate and Pa Trust Litigation, and Pr Probate Litigation.
Committed To Reliable Service
John B. Whalen, Jr. Esq. advocates for clients in Pa Last Wills and Pa Probate, Probate and Trust Litigation and Probate Litigation cases. Based in Wayne, I am familiar with the courts throughout all of Southeastern Pennsylvania. I have the necessary skill to help you resolve your legal problem. With almost thirty (30) years of experience, I am focused on your success. Please read my profile to learn more about my professional background.
Practice Areas
He concentrates his three decade career in the legal areas of Pa Probate, Pa Estate Planning (including Pa Last Wills, Pa Powers of Attorney, Pa Living Wills), Pa Estate Administration, Pa Estate Taxation, Pa Estate Litigation, Pa Beneficiary Representation, and Pa Guardianships.
Mr. Whalen has over 3,967 LinkedIn Profile Followers. 99 LinkedIn Peer Endorsements. 27 Avvo Peer Endorsements. 24 Martindale Peer Reviews. 12 Lawyers Client Reviews. 68 Avvo Client Reviews – over 5,000 Reviews
Mr. Whalen has achieved the AV Peer Review Rated Preeminentaward from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.
He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates, from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
He has also been named as an Awesome Attorney in the field of Estate Planning Law (by the Suburban Life Magazine of the Philadelphia suburbs) for the years 2010 through 2018, and was Editor-in-Chief of the Delaware Law Forum at Widener School of Law.
Curriculum Vitae
Mr. Whalen is a frequent speaker and writer on the areas of Probate, Wills, Trusts, Estates, and has spoken for the Pennsylvania Bar Institute, spoken at the Widener University Osher Lifelong Learning Institute, and spoken at the Delaware County Estate Planning Council.
He has also had his legal articles published by the Pennsylvania Bar Institute, the Pennsylvania Law Weekly, the Philadelphia Business Journal, and the Martindale.Com website. He has had his law blogs published on the Lawyers.Com website.
Mr. Whalen is a member of the Pennsylvania Supreme Court and the United States Federal Court for the Eastern District of Pennsylvania.
He is past president of the Delaware County Estate Planning Council, a past Internship Instructor of Conestoga High School, and Villanova University School of Law. He is a past member of the Chester County Estate Planning Council, a past President of the Chesterbrook Picket Post Condominium Association.
West Chester Pa Beneficiary Lawyers
There are many factors that can affect the distribution of estate assets. In some cases, there may be a Pa Will that identifies you as a beneficiary; in other cases, there may not be a will at all. In still other cases, there may be a dispute involving the administration of the estate. For example, a beneficiary may disagree with how the executor or personal representative is distributing assets.
West Chester Pa Estate Administration Lawyers
Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.
West Chester Pa Estate Law Lawyers
Pa Estate law comprises many areas of law. However, all of these areas of law focus on taking care of one’s person and property. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. A Pa Estate is anything that makes up a person’s net worth. Very simply, an estate is what a person has in their own name alone.
West Chester Pa Estate Litigation Lawyers
Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.
West Chester Pa Estate Planning Lawyers
An attorney who specializes in Pa Estate Planning can help you create a complete plan (including Pa Last Wills, Pa Powers of Attorney, and Pa Living Wills, etc.) to protect your spouse and children if you become unable to manage your financial affairs. Pa Estate Planning allows you to make decisions now so your wishes can be carried out if you die or become incapacitated.
West Chester Pa Powers of Attorney Lawyers
When you execute a legal document called a power of attorney, you are authorizing another individual to make certain decisions on your behalf. The person who signs the document is called the principal and the person who is authorized to make decisions is known as the agent or attorney-in-fact.
A limited power of attorney restricts the permissible activities of the agent to a specific period of time. For instance, if you are in the military and are being deployed overseas for six months, you can set up a limited power of attorney with an individual you trust. That person may be granted access to your bank account so they can pay your mortgage or other monthly expenses while you are away from home.
A durable power of attorney, unlike other forms of this type of legal document, does not expire if the principal becomes incapacitated. The agent may continue to make financial and medical decisions as indicated in the original document.
West Chester Pa Living Wills Lawyers
Living wills are also referred to as an advance directive or a health care directive. It is a legal document that communicates your desire in the treatment of serious medical problems in the event that you are unable to speak for yourself. They do not go into effect unless you are incapacitated and unable to express yourself. Having a living will can relieve your close relatives from the burden of having to make the decision about whether to remove you from life support.
West Chester Pa Trusts Lawyers
Trusts are legal documents that allow you to control how your assets will be allocated or managed. You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee. Individuals who receive money or other assets are the beneficiaries.
Property placed in a trust, unlike wills, is not subject to probate. You can also create a revocable trust which can be canceled or revoked at any time while you are alive. Trusts can be set up for a child’s education or to reduce estate taxes.
West Chester Pa Last Wills Lawyers
A Will is an important document to execute in order to avoid disputes about how your assets will be divided when you die. The executor who administers the distribution of assets from your estate will allocate your possessions as you specified. You should periodically review your Will to make sure it is still relevant and accurate. Life changing events, such as the birth of a child or a marriage, may require amendments to the original document.
West Chester Pa Last Wills Contests Lawyers
A loved one’s legacy can ease the pain of loss by reminding heirs of a departed family member’s enduring love. But when questions arise about the validity of a will or the management of estate assets, uncertainty can arouse animosity and prevent closure.
West Chester Pa Estate Litigation Lawyers
Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.
West Chester Pa Estate Taxation Lawyers
When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records. Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.
West Chester Pa Guardianships Lawyers
The Pa Guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. That’s why you need aProbaten attorney who offers legal services with compassion. For the past twenty-five (25) years, Attorney Whalen has built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.
West Chester Pa Probate Law Lawyers
The Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.
West Chester Pa Probate Attorneys Guide
The West Chester Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Its focus is to provide the best and most complete information on a particular topic, rather than to sell my services.
John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.
Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, Quora, and Thumbtack.
John is located at 8 Longwood Drive, Wayne, PA. 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.
Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at [email protected], and by telephone at 1-484-417-6244.
John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.
He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).