Why You Need A Will

There is a pervasive belief that estate planning is only for those with wealth. This, however, could not be further from the truth. Most people own some type of property, whether it is a family home or bank account and most people have loved ones, children and spouse, that they want to take care of. Without a will, the state gets to decide how to distribute this property at death according to the state's intestacy laws. These laws generally leave the property to the surviving spouse and/or children. The problem with state intestacy laws, however, is that they are based on blood relation. They do not take into account the fact that many Americans have non-traditional families. For example, if a person has been married more than once with children and step-children from each marriage, has a civil union, domestic partnership or wishes to leave property to an unrelated person, then the intestacy laws will not carry out their final wishes. By preparing a basic will, an individual gets to control how their property is distributed. If they want to leave money to charity or create a trust to take care of a pet, they can do that. If they own a family business they want to see carried on rather than broken up, they can do that too with the right estate planning tools. There are many other things that can be done through estate planning. Contact us at www.ythlaw.com

Estate Planning Mistakes - Number Eleven

If the Will is not properly executed, it will be invalid. In Pennsylvania, the Will is valid if in writing and signed at the end. Witnesses are NOT required unless the signature is an X. These are the minimal legal requirements. But, you want to go further.

The drafter of your Will, ie. your attorney, should be present at the execution to make sure all goes well. It is also very wise to have witnesses (2) and a notary. With all of these formalities, your Will can with stand challenges applicable to improper execution.

Contact us at http://www.ythlaw.com/ for expert Probate, Estate Planning, Elder Law and Business Succession Planning advice.

Divorce or Marriage

Whether you are getting a divorce or you are getting married, you need to have your wills done or updated upon the occurrence of either event.

I have had situations where the only will in effect was the one written before the divorce. Naming a prior spouse can be problematic upon death. Was the intent to provide for the person or the "spouse"? The prior spouse could allege that no change was made because there was still an interest by the divorcing spouse to leave the prior spouse assets upon death. The person in the best position to address the issue is now deceased.

Take care of those important matters when your life circumstances changes. Doing a will or updating one is one of those important matters to address.

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Updating Your Will is as Important As Having a Will

When actor Heath Ledger died at age 28 in 2008, he had a will. However, it was written three years before he died. This was prior to his relationship with Michelle Williams and the birth of their daughter, Matilda Rose. The will left everything to Heath Ledger's parents and sister. What does all this mean for his daughter Matilda Rose? Will her grandparents and aunt look out for her, financially? That is anyone's guess. Stay tuned but more importantly update your will before it is too late.

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Black History Month

As we end the month of January, we have been able to wish everyone Happy New Year!! As we begin the month of February, many of us are still contemplating those resolutions. Well, a few of you did follow one of my recommendations. That is to make your will. I received a number of calls in January to begin the process. Everyone wanted to do something that had been on their list for awhile and the new year was a good time to move forward. I am glad they did and still encourage others to join them.

As we also usher in Black History Month, I encourage everyone to learn something new this month about the contributions made by African Americans to this country. Everyone benefits from the contributions of others. All ethic groups help to make this country great. Each month serves as a time of reflection, whether it is Black History Month, Women's History Month, Irish American Heritage Month or American Indian Heritage Month. How do you celebrate your heritage?



Plan now, your legacy depends upon it. Leave your comments here or contact us http://www.ythlaw.com/

Probate - How much does it cost?

Not only are people interested in how long probate will take (as discussed in the prior posting) but also how much will it cost. The cost of probate depends upon many factors as well. Does the jurisdiction (state) have a specific cost based upon the size of the estate? There are bills that have to be paid, professional service fees for legal and tax matters, cost of posting a bond, if required, legal notice/advertisement costs, cost associated with the sale of assets such as real estate, reimbursement for administrator/executor expenses or payment of a fee, among many other things that may arise. Many of these costs apply whether there is a will that must be probated or a trust that has been set up, depending upon its terms and conditions.

It is important that you address the cost as well as the time associated with probate during the estate planning process. You can save more money for your heirs with proper advance planning. We are available to answer your questions. Call for a free consultation.

Probate - Time it Takes to Do

Often, I have heard, as a complaint about probate, that it takes a long time before heirs can get their money. As a result, many people seek to avoid probate for that reason. How long probate actually takes depends on a number of factors. Those factors include, the size of the estate, the complexities of the estate, the disagreements among potential heirs, the jurisdiction (which state) where probate occurs, the lack of clarity in the will, the skill of an executor/administrator, the notification period to creditors and potential heirs, the source of payment of inheritance taxes and the efficiency of the Register of Wills, among other factors.

When you are getting your will prepared, you can make sure some of these factors will not result in delaying the administration of your estate. Be clear and concise with the specifics provided in your will. Pick a person who can handle managing the distribution of your estate. Address inheritance tax payments. Know the probate laws of your state and if they provide very burdensome requirements, then consider the use of a trust instead of a will.

Contact our office for a free consultation on this and other estate planning issues.

Probate - Bond Requirement

I have a number of inquiries regarding the probate process. These inquiries are as simple as what does probate mean to the process to challenge probate. Well, probate means to prove a will. Does the will presented to the Register of Wills meet all of the state legal requirements? Of course, many people die without a will. One of my passions is to get people to do a will. Where there is a will there is a way! Got will? Like it or not you need a will. Here is one issue that is faced more often than not by loved ones having to probate an estate; the bond requirement. You can provide in your will that your executor does NOT have to take out a bond to handle your estate. You have picked the person to act as your executor and this person is someone you trust. In many cases, it is a family member who will inherit part if not all of your estate. Paying for a bond would be an unnecessary expense. HOWEVER, if you do not have a will or do not specify no bond requirement in your will then the Register of Wills can impose such a requirement. Generally, the Register of Wills will impose a bond requirement when the Executor (one named under the will) or the Administrator (when there is no will) is out of state. You can avoid this expense for your executor or administrator by taking the simple step of having a will done by a professional who can make sure the right terms and conditions are covered.

Have you had a probate experience that you want to share? Do you have questions about probate? Give us your comments today and we will get right back to you.

Let it Snow, let it Snow, let it Snow

Outside the snow is falling and friends are calling!! I love watching the snow fall on the already white color landscape and admiring the trees brushed with still just a dusting of snow on their branches. My daughter and her friends are already out in the winter wonderland while I take in the warmth of the fireplace with my laptop companion. It's a SNOW DAY!!! What are you going to do with yours? Of course, I want to encourage you to start getting somethings checked off of your list so that you are closer to getting to what matters most. It is on your list but may not be done yet!! It is your WILL. It either needs to be done or to be updated. No time like the present to jot down your ideas. Write your thoughts and your feelings regarding your assets and those whom would serve as the recipients of those assets upon your demise. Create a picture of your life with words. Let your estate planning attorney deal with the legal wording.

People ask what are the legal requirements of a will anyway. In Pennsylvania your will can be handwritten. You have to sign your will at the end of the writing. If you are over 18 and of sound mind, you have a valid will. No need for witnesses or notary. Now that being said, though they may not be legally required, they are highly recommended and of course I never do a will without them. Why, you ask? Because, I say. My daughter would then respond, because Why??

Well, let me just share this story. Remember when billionaire recluse Howard Hughes died, from accounts of that time, it appeared that he had not left a will. Attorneys and executives of Hughes's corporations began an intensive search to find a will, while speculation grew that Hughes might have left a handwritten will. The problem a handwritten creates is the element of proof. Since there were no witnesses and no notary, numerous "forged" wills were presented as Howard Hughes' will. Do not leave your final affairs to that level of speculation and potential misdeeds. A couple of witnesses and a notary seal are not that much to ask to make sure your billions get into the right hands!!!

Check out my upcoming book, Stop! What are you waiting for? Your Essential Guide to Estate Planning.