Probate Attorneys in Stroudsburg, PA
It can be emotionally difficult to deal with the death of a loved one. It can be even more difficult to deal with the aftermath, especially when it involves the distribution of their assets.
At Newman Williams, P.C., our estate planning and probate attorneys are well-versed in helping Pennsylvanians navigate the probate process. To learn more about what we can do and how we can help, call our Stroudsburg office at 570-559-5507 for a free consultation.
How Newman Williams, P.C., Can Assist You With The Probate Process
Probate attorneys settle estates. They can serve as executors for the decedent’s will. You can also name them to administer the estate when a decedent does not have a will. Either way, it is a responsibility that must go to a trustworthy party that knows the law and is attentive to details.
At Newman Williams, P.C., those are the attributes we bring to probate administration. We are meticulous in carrying out the tasks involved in probate:
- We collect, inventory and appraise all assets in the estate.
- We pay all debts owed by the estate and collect all debts owed to the estate.
- We file and pay estate and other relevant taxes.
- We distribute assets that remain to the rightful beneficiaries.
Probate law can be fairly complex. Your success throughout the process can depend on your lawyer’s interpretation and knowledge of the relevant case and statutory law. Our firm is highly skilled in the intricacies of Pennsylvania probate law and has the knowledge and experience to confront complications that arise, such as when there are beneficiaries out of state.
What Exactly Is Probate?
Probate involves a legal process that validates the deceased person’s will. It also involves overseeing the distribution of the deceased’s assets to designated beneficiaries. During probate, a court verifies the authenticity of the will and ensures that all debts and taxes are paid before distributing the remainder of the assets.
Is Probate Always Necessary?
No, probate is not always necessary, as not all assets go through probate. Probate can typically be necessary when a person who dies owns assets solely in their name and does not have designated beneficiaries or joint ownership arrangements. However, assets in a jointly owned property, financial accounts or a trust, can often bypass probate. This can make transferring assets to these heirs much easier.
How Long Does Probate Take In Pennsylvania?
The duration of the probate process in Pennsylvania can vary. For more straightforward cases, it can take between 9 to 18 months. There are several factors that can affect this timeline, such as:
- Contested wills or family disputes: Disagreements among heirs or challenges to the will can make probate take longer, as they can often require additional legal proceedings.
- Complex or hard-to-value assets: Assets like real estate, businesses, or unique personal property can take longer to appraise and distribute.
- Tax Issues: Estate tax complications or other unresolved tax obligations can delay the final settlement of the estate.
- An Inexperienced or disorganized executor: Executors unfamiliar with the probate process or who struggle with organizational tasks can slow down proceedings. In cases like these, it can be important to have experienced legal assistance.
By understanding these factors, it can be easier for beneficiaries and executors to navigate the probate process.
Litigation Resolving Will Contests And Other Disputes
Not all estates are settled without controversy. Our lawyers step in:
- When there are contested wills and questions about codicil validity
- When there are claims of breach of fiduciary duty
- When there are charges of undue influence, duress, incapacity and fraud
- When there are disagreements involving the language and intent of wills, codicils and trusts
Talk to a Pennsylvania Probate Attorney Today
Schedule a case evaluation with one of our Stroudsburg probate lawyers. For more information or a free consultation, call 570-559-5507, or email us a brief description of your problem.