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Estates and Probate

The process of estate administration and probate can be a complicated process involving multiple legal requirements including deadlines, filing fees, taxes, and the distribution of assets. An estate lawyer like me can help you work through these issues  and deal with any unexpected complications. The estate process includes multiple steps for an executor or estate administrator.  The executor of the estate must be sworn in.  The estate...

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The problem with shacking up

Excuse the phrase “shacking up,” what I’m referring to is two people living together, unmarried, and with no wills.  I’ve handled several situations where people were in long-term relationships without the formality of marriage and, unfortunately, no will.  Where two people are unrelated by blood or marriage, they have no legal right to receive the assets of an estate when their partner dies. There are several ways...

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What happens if you have no will?

Some people think that if you don't have a will, the State gets all of your assets when you die. This is not true because there is a law that defines where your assets go if you die without a will.

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Estate attorneys and wrongful death claims

When a family suffers the accidental loss of a loved one, the circumstances of the death may give rise to a personal injury claim.  This type of claim is called a wrongful death claim.  The claim is pursued on behalf of the estate of the deceased and for the benefit of their heirs. For this reason, a personal injury attorney may engage an estate attorney to assist with the pursuit of the wrongful death claim or may do the estate work as...

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Notes on a case considering alleged forged signature on life insurance beneficiary form

A 2008 Philadelphia case considered allegations of forgery of a signature on a life insurance beneficiary form.  In In Re: Graham Estate, a Philadelphia Common Pleas Court judge considered a life insurance policy included as an asset in the final accounting for Graham’s Estate.  A friend of the deceased claimed that she was designated as the beneficiary of the estate in a form filed with the insurance company. The administrator of...

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Who gets to bury mom?

In the great majority of situations, when someone dies, the surviving family members are all in agreement as to what to do with the body, whether to bury the body and where, or whether or not to cremate the body.  In rare occasions, there are disputes and it is possible that a court might have to get involved and decide what is going to happen with the body. These are the circumstances of a recent case, In Re: Weiss Estate, decided in...

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Do you need a trust?

On occasion I receive inquiries about setting up a living trust.  People think that there is good reason for doing so and want to know how to do them.  Sometimes they find seminars in the newspapers offering trust services and they think that setting up a trust will somehow protect their privacy and their assets.  So the question is, of what value is a trust? If you are wealthy, there may be good reason to establish one or more trusts. ...

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