Probate and Estate AdministrationTo be chosen as the executor of a family member's estate is both an honor and an important responsibility. Carrying out the final wishes of a deceased person in accordance with Pennsylvania law is a painstaking task that can lead to lawsuits from heirs who are not happy with the process. The probate and estate administration attorneys of Hamburg, Rubin, Mullin, Maxwell & Lupin can serve as your guide throughout the process.
Probate is the process both of having a will declared valid and of distributing assets to the named beneficiaries. If there is no will, then the assets are distributed to the deceased person's legal heirs in accordance with Pennsylvania law.
Some of the steps that need to be taken during the probate and administration process include:
- Publishing notices for potential heirs and creditors
- Taking an inventory of deceased person's assets
- Paying taxes
- Distributing the balance of the estate to the beneficiaries named in the will (or to the legal heirs if there is no will)
Not all assets have to go through probate. Life insurance policies, 401 (k) accounts, and investment accounts where the deceased person named a beneficiary can pass directly to the beneficiaries. Property contained in trust will pass directly to the person named as the successor trustee.
Probate Litigation
HRMM&L lawyers regularly monitor the probate process for the benefit of heirs and, if necessary, getting involved in will contests. We also defend executors in will contests.
Contact HRMM&L to set up an appointment.
At HRMM&L, it's about the result.
Recent Representative Cases
- Developed and implemented a business succession plan to transition a multi-million dollar family owned business to children and grandchildren, with projected estate tax savings of over $1 million.
- Counseled a family that owns and operates automobile dealerships and a real estate development business. Structured and implemented a plan whereby substantial ownership interest in real estate were transferred from the older generation t the younger generation on a tax-free basis, using a combination of gifts and sales to various trusts. The projected estate tax savings for the family exceeds $5 million.
- Represent a number of clients who own interests in valuable gas deposits in the Marcellus Shale region in Pennsylvania and New York. Assisting clients in implementing estate plans whereby family generational trusts take ownership of these interests, some through family partnership structure, thereby establishing a valuable legacy for future generations.
- Represent numerous families in doing long-term care planning for a loved one who needs assisted living or nursing home care; assist families with development of personal care contracts so family members may be compensated for services provided to infirm family member
- Assisted local nonprofit facility for special needs children to acquire, through merger with another nonprofit, a new site for its preschool and daycare operations
- Assisted two local chapters of a national nonprofit organization to merge to more effectively administer charitable work
- Assisted clients in establishing private foundations and charitable trusts to achieve family legacy of charitable giving
Recent and Upcoming Speeches
- On August 26, 2009, Diane Foxman will speak to the Merck Union Retirees on recent legislative changes to the PA Medical Assistance program and on the importance of updating your estate planning documents - including your beneficiary designations on assets like life insurance, held at Trinity Lutheran Church, Lansdale, PA
- Diane Foxman recently lectured at Montgomery County Community College on the Legal and Tax Aspects of Owning a Business
- Jon Samel spoke on estate planning and asset protection planning at Lacher & Associates Insurance Agency on August 13, 2009
- In June 2009, Jon Samel, Mark Himsworth and Bernadette Kearney presented a seminar on asset protection planning to the Montgomery County Estate Planning Council
What Clients should bring to a first meeting
Copies of:
- Existing wills, trusts, durable powers of attorney, healthcare powers of attorney, living wills
- Prenuptial or postnuptial agreements
- Residency Agreements/Contracts with nursing homes
