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An Estate Planning Lawyer Allentown, PA Discusses Circumventing Familial Conflict   

Trust Litigation Lawyer Cherry Hill, NJ

Avoiding probate is possible, especially if you ask a probate lawyer in Allentown, Pennsylvania for help. If you do not want to go through the probate process, it is prudent you take actions that go beyond a will. Utilize several different approaches; for instance, a living trust or the creation of a family limited partnership.

If you don’t understand why you would want to avoid the probate process, considered these reasons.

Your Heirs Won’t Have to Go Through the Probate Process

If you choose to place your assets in a trust or other estate document outside of a will, your heirs may not have to go to court. In some situations, this can save time and money. Further, if your children live far away, they can manage the process remotely.  Also, revocable trusts are not published, so your plan remains private. It may also enable them to focus on healing from any grief they might have.

Your Assets May Be Given to Your Heirs More Quickly

Depending on your situation, a revocable trust may speed up the process. If so, and if your heirs are relying on their inheritance, a quicker process has an advantage. In some situations, the probate process can be slower. If you prefer there be certain stipulations on the trust, an estate litigation lawyer in Allentown, PA can add.

Avoid Conflict

If you expect conflict between the heirs after your death, a Revocable Trust can be useful.  By working with your Estate Planning Lawyer, especially one who is familiar with Will Contests, you can put up roadblocks against frivolous will contests.  Litigation can cost tens of thousands of dollars.  Put that money in hour heirs’ pockets.

You Can Avoid Public Attention

Probate is public. Any documents submitted to the probate court become a matter of public record. This means the public can view what your heirs have inherited, whether there were any disputes, and more. If you value your privacy or have concerns about the public finding out about your estates’ assets, and it’s value, you should consider a trust.

Contesting a Will

In order for an individual to contest a will, certain requirements must be met. If the complaint does not have merit, the probate judge will likely throw it out of court which can be costly for the plaintiff. In general, for a will to be contested, at least one of four accepted legal reasons must be given and be provable. If the plaintiff petitions the court, then the questionable will may be invalidated by the judge. If this occurs, the will be discarded and it will be as if the deceased had not left any will at all. As a result, the probate court will rule on who should inherit which of the estate’s assets and in what amounts. It is therefore critically important for all adults to have a valid will in place and for that will to be updated after major life events occur. With the assistance of an Allentown, Pennsylvania estate planning lawyer from Klenk Law, you can better ensure that your loved ones never have any cause to contest your will after you’re gone. 

If you’re already in a position where you or someone else is considering contesting the will of someone who has passed away, an Allentown, PA estate planning lawyer can tell you if a potential claim meets at least one of the following eligibility requirements:

  1.       The testator did not sign their will in a legal manner. Pennsylvania state law is very clear about how individuals must sign their last will and testament for it be be considered valid. For one thing, the will must be signed by the testator in the presence of two witnesses at a minimum. In addition, the witnesses must be present at the same time and sign the will with the others as witnesses. Even if the will was written with the assistance of an attorney, this does not guarantee that it is a legal document and invulnerable to being successfully contested. An Allentown, PA estate planning lawyer can examine the document to determine if it appears to be valid.

  2.       The testator was not of sound mind at the time they signed the will. Though a testator may have signed their will, this does not guarantee that they were of sound mind as to the contents and directions of the will. The law understands that a person may be confused due to mental or physical illness and so can be taken advantage of when it comes to naming their beneficiaries in their last will and testament. The law specifies that the testator must understand that their signature means that the will accurately reflects their final wishes. An experienced Allentown, PA estate planning lawyer may be able to get the proof needed from a doctor’s examination or other source that the testator lacked the capacity necessary to lawfully sign their will. Conversely, an attorney may be able to help prove that the contents of a will reflected the wishes of the deceased. 

  3.       The testator was unduly influenced by another party to write their will in such a way that did not reflect their true wishes. It’s a sad fact that ill and elderly persons are often taken advantage of by others with the goal of getting their assets upon their passing. If you feel that this happened to a loved one, don’t hesitate to speak with an experienced Allentown, PA estate planning lawyer about your situation. 

If You Want to Avoid Probate, You Should Choose a Qualified Estate Litigation Lawyer

Whether you are sure that you want to avoid probate, or you would like to explore all of your options, you should speak with an estate planning lawyer Allentown; PA residents turn to. At Klenk Law, we listen to your needs and utilize useful estate planning tools to protect your assets. We strive to minimize costs and met your objectives. If you would like to talk with an estate litigation lawyer Allentown, PA clients recommend, please call our office now.

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