Probate Lawyers in Montgomery County
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The Steps We Take to Help You
- Petition the court to have you appointed as either Executor (Letters Testamentary) or Administrator (Letters of Administration)
- Preparing and filing court documents
- Opening and managing the estate’s bank account
- Paying debts of the decedent
- Obtaining proceeds from life insurance policies
- Identifying and securing assets
- Real property appraisals
- Determining whether estate or inheritance taxes are due
- Filing the inheritance tax returns and paying the inheritance taxes
- Creating the estate’s final financial accounting
- Distributing assets to beneficiaries
- Defending Will contests and challenges to estate administration
- Resolving claims of any creditors of the estate
- Prepare documents required to close the estate and make a final distribution of the estate assets
Our Probate Lawyers Help You Understand the Process
Our Litigation Attorneys Are Here for You When Issues Arise
- Contesting the appointment of an Executor or Administrator
- Contesting the validity of a Will or Trust
- Ambiguities in a Will
- Spousal Elections / Spousal elective share
- Breach of fiduciary duty
- Estate Accounts
- Issues with disputed debts or unresolved contracts with creditors and other third parties
- Property left to minors who do not have an appointed guardian or trustee
- Out-of-state property in the estate
- A very large estate with diversified assets (our Montgomery County probate attorneys have experience handling estates both large and small)
Choosing the Probate Lawyers at The Martin Law Firm, P.C.
What More Our Probate Law Firm Can Do for You
- Carry Out the Wishes of the Deceased
Many people leave a Will that states how the estate should be dealt with. However, at times, the
Will is unclear, or perhaps there was no Will at all. At The Martin Law Firm, P.C., we help families
reach agreements about how the estate should be handled and avoid many of the legal claims that are often asserted against the Executor or Administrator.
- Avoid Legal and Financial Issues
Probate is not complex, but there are several different ways to make mistakes for someone who has never administered an estate. Executors and Administrators may be held personally liable to beneficiaries, creditors and government agencies for any mistakes. Our probate lawyer in Montgomery County, PA can help you manage the estate properly and fully perform the
responsibilities with little worry.
- Avoid Inheritance Tax Matters
Pennsylvania has an inheritance tax law which the estate representative is required to file and pay. If the tax return is filed incorrectly (or not at all) the PA Department of Revenue will impose interest and penalties. We prepare and file the inheritance tax return and help you claim all the exemptions and deductions available to you.
- Guidance for Trusts and Pour-Over Wills
Some people create a trust instead of a will to pass assets to loved ones after death. A trust can gointo effect before death or can be created after death through a Will. Sometimes the trust terms areambiguous, or issues arise with inheritance taxes, trust income taxes, and distributions tobeneficiaries. We help trustees by making sure the obligations are met, and disputes are avoidedwhen possible.
- Orphans’ Court Petitions
Some legal issues can only be resolved by a judge. Executors and Administrators must often obtain court approval to take a certain action, rectify a problem, or to close an estate. We represent Executors and Administrators for claims against the estate and for “remedial litigation” in the county Orphans’ Court. This means we file and litigate petitions in Orphans’ Court if necessary to make sure the estate is done right.
Contact Us to Contest a Will
Assets that avoid Probate
Typically, only assets that are solely owned by the deceased person go through probate as opposed to jointly owned assets with a right of survivorship. There are other assets that are exempt from probate, such as:
- Assets held in trust
- Proceeds from life insurance policies
- Some Retirement accounts such as 401(k)s or IRAs with beneficiary designations
- Payable-on-death bank accounts
The Martin Law Firm, P.C. – Experienced Probate Law Firm in Montgomery County, PA
Please call (215) 646-3980 to schedule an appointment.
Practice Areas
Our legal team provides individualized legal solutions for our clients by offering high quality legal counsel and representation in diverse areas of law. Our attorneys regularly represent clients throughout Southeast Pennsylvania, including Montgomery County, Bucks County, Chester County, Delaware County, and Philadelphia County.
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