Estate Planning Law FAQ’S
At the law firm of Newman Williams, we offer our clients comprehensive legal services in all areas of estate planning. Serving the Pocono region for nearly 90 years, our firm has the experience to help you develop an estate plan that helps you reach your goals.
Whether you need a plan specifically designed to avoid excessive estate taxes or preserve the maximum level of assets for your beneficiaries, you can rely on us to provide you with a sound solution. Below are some Estate Planning FAQ’s.
Q — Do I need legal help?
By scheduling a consultation with an attorney, your legal questions with regard to settling the estate can be answered. The attorney would be able to advise you as to whether or not an estate needs to be raised in view of the particular facts and circumstances of each individual estate.
You will want to consult with an attorney who concentrates their practice in estates as they will be experienced in dealing with the variety of legal issues that could be involved in settling an estate.
Q — What would determine whether an estate needs to be raised?
This would be determined by what the decedent (deceased person) owned, how those assets are titled and the indebtedness of the estate, all of which would also dictate whether or not the estate will be relatively simple or involved.
Q — What does probate involve?
Probate is a legal process whereby when a person dies leaving a Will, the executor (legal representative as dictated by the decedent in Will) presents the Will to the Register of Wills for probate to prove its validity. The Register of Wills then appoints the executor and Letters Testamentary will be issued by the Register of Wills which authorizes a person(s) to act as the personal representative(s) of the estate. The executor has the responsibility of notifying the beneficiaries and creditors of the death of the decedent. The executor also secures and manages the assets of the estate, satisfies all claims against estate, pays estate taxes and distributes the remaining assets to the beneficiaries.
Q – What if a person dies without leaving a Will?
If the decedent did not have a Will (intestate) or if the Will fails to name an executor, the register of Wills will appoint the appropriate person or entity to act as Administrator of the estate, at which time Letters of Administration are issued. The Administrator has the responsibility of notifying the beneficiaries and creditors of the death of the decedent, securing and managing the assets of the state, satisfying all claims against estate, pays taxes and distributing the remaining assets to the beneficiaries in accordance with the laws in intestate succession which are determined by state law.
Discuss Your Questions With a Pennsylvania Probate Attorney
Contact our office today to discuss your estate planning questions with a Stroudsburg estate planning lawyer. We are available between the hours of 9 a.m. and 5 p.m. Monday through Friday and by appointment at other times. You can reach us by phone at 570-421-9090 or toll free at 800-506-0191 to schedule your initial consultation.