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Suburban Life Magazine March 2023

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Bryn Mawr Pa Probate Law Lawyers

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Bryn Mawr Pa Probate Law Lawyers

The Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.

Bryn Mawr Pa Probate Law Lawyers – Definition

In United States law and terminology, “probate” refers to proving that a will is valid.

In many U.S. states, a person would petition the court for probate, and then add the will that is to be considered to their petition.

Once probate is approved by the court, the petitioner officially becomes the Executor and then has full legal rights to be able to deal with the deceased individual’s estate.

Bryn Mawr Pa Probate Law Lawyers – Misunderstandings

Although some states do have onerous Probate procedures (where “avoiding probate” may be a prudent strategy), Pennsylvania is not one of those states, In fact, Pennsylvania is very “Probate-Friendly.”

The most common misconception that surrounds a Pa Last Will is the process called “Probate” and the seemingly universal theme that it should be avoided at all costs.

Again, and virtually to the contrary, the word “Probate” is merely based on the Latin verb that means “to prove.” Nothing more!

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at [email protected], and by telephone at 1-610-999-2157. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.

Bryn Mawr Pa Powers of Attorney Lawyers

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Document Purposes

A Pa Power of Attorney grants your Pa Agent (Fiduciary) the ability to control all of your affairs.

Fiduciary Traits

  • Your Agent should be able and willing, first and foremost.
  • Your Agent should also be levelheaded and familiar.

Common Misconceptions

A common misconception is that a Power of Attorney eliminates your ability to act for yourself.  Quite to the contrary, and until you are deemed to be incapacitated, a Power of Attorney should properly be viewed as a “shared authority.”  After you have executed a Power of Attorney, you still retain all of the powers and decision-making abilities that you possessed beforehand, including the power to revoke the Power of Attorney.

Another common misconception is that your Agent needs your permission to act.  Quite to the contrary, a Power of Attorney is a very powerful document.  It permits your Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away), and, inherent in the broad powers that your Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

Bryn Mawr Pa Powers of Attorney Lawyers – Intro

Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare. A Pa Power of Attorney can grant broad authority or be very limited in scope. I help you prepare for contingencies based on the specific circumstances surrounding you and your loved one.

However, generally speaking, powers of attorney address three main areas of concern:

Bryn Mawr Pa Powers of Attorney Lawyers – Financial management

When your loved one is incapacitated, bills and taxes still come due. Your loved one may have financial assets, such as stocks, stock options, bonds, or royalties, which require oversight. Having the authority to manage your loved one’s finances if necessary provides greater financial security. Older adults who are forgetful or susceptible to phone scams can also benefit from a loved one overseeing their bank accounts.

To protect your loved ones, you need clear legal authority to make decisions if they are unable to do so. John B. Whalen, Jr. Esq. can help you draft and execute Pa Power of Attorney documents so you can be certain about your authority when a loved one needs you most.

Small business owners and individuals involved in litigation are faced with numerous choices. These decisions, which must often be made on a daily basis, can have serious consequences. Even if your loved one is not ready to step away from day-to-day management of business and legal matters, executing power of attorney is a prudent contingency plan.

Bryn Mawr Pa Powers of Attorney Lawyers – Authority to make medical decisions.

When a medical crisis strikes, many families are unsure about the extent of lifesaving treatment the injured or ill person would have wanted. Every adult should have a medical directive explaining their wishes clearly and specifying someone to carry out their desires when they can’t communicate.

Bryn Mawr Pa Powers of Attorney Lawyers – Reluctant Seniors

Sudden illness or injury can leave anyone totally incapacitated. Or, the infirmities of age can compromise an older adult’s ability to fully function independently. Under such circumstances, concerned loved ones may feel compelled to act, but may lack the legal authority to do so. This can delay essential care, threatening your loved one’s health and welfare when he or she is most vulnerable.

It can be difficult to talk to a senior loved one about the need for power of attorney documents. Many are loathe to admit they may need assistance, especially from their children, and are uncomfortable even considering a reversal of roles which puts them under their children’s authority. I am very familiar with this dynamic, and can advise you on effective ways to broach the subject with your elder loved ones.

Contact a reliable lawyer for Pa Powers of Attorney that protect your loved ones

A loved one’s illness, injury or infirmity can leave them vulnerable to financial losses and serious threats to their health. A carefully drafted power of attorney can give you and your loved one greater peace of mind.

Bryn Mawr Pa Probate Attorneys Guide

The Bryn Mawr Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell products.

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at [email protected], and by telephone at 1-610-999-2157. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

Bryn Mawr Pa Living Wills Lawyers

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Bryn Mawr Pa Living Wills Lawyers

An Advance Directive for Health Care (“Pa Living Will”) can grant your boss (Surrogate) the ability to execute your end of life decisions and decide whether life-sustaining measures should be used.

With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Agent) should also be levelheaded and familiar with your affairs.

The common misconception of this document is when it will become operative.

There are two triggers that must occur before your Surrogate is even given the option of acting:

  • the first is that you must be unable to communicate your own decisions, and
  • the second is that you must have been diagnosed with a terminal condition or as being permanently unconscious.

Bryn Mawr Pa Last Wills Contests Lawyers

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Bryn Mawr Pa Last Wills Contests Lawyers

A loved one’s legacy can ease the pain of loss by reminding heirs of a departed family member’s enduring love.

But when questions arise about the validity of a will or the management of estate assets, uncertainty can arouse animosity and prevent closure.

If you, as a beneficiary, suspect that a will does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court. Similarly, if you believe an executor, trustee or estate administrator is mismanaging estate assets, you have standing to raise that issue.

On the other hand, an executor or estate administrator is entitled to a vigorous defense against accusations of incompetence or unlawful conduct.

I provide highly professional representation for aggrieved beneficiaries and accused fiduciaries in estate disputes.

Challenges To The Validity Of A Last Will

There are several bases for challenging a Pa Last. These include:

  • Lack of capacity — This ground alleges that the testator was not of sound mind at the time the will or trust was executed.
  • Undue influence — Documents might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will.
  • Fraud — This ground alleges the testator was deceived about the contents of the document at the time of execution.
  • Void for vagueness — This ground asserts that the terms of a will are open to conflicting interpretations and it is impossible to know which interpretation is correct. A challenger can prevent part or all of the will from being implemented.

Many probate disputes stem from suspicions that a particular individual took advantage of the declining health or dementia of the deceased to insinuate himself into the will to the detriment of the rightful heirs.

The court looks very harshly on this type of elder exploitation.

However, it is important to note that disappointment is not grounds for an heir to challenge a will.

All challenges must be supported by reliable evidence.

Breach Of Fiduciary Duty In Estate Settlement and Trust Management

The executor of a will or the administrator of an intestate estate is a fiduciary with a legal duty to manage estate assets according to the testator’s wishes and for the benefit of the beneficiaries. The fiduciary must perform at a professional standard so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge deliberate or negligent misconduct and demand a full accounting. I have vast experience on both sides of trust and estate controversies. I have close associations with forensic accountants who can render accurate assessments of asset management and help us assemble evidence to prove or rebut allegations.

Don’t Expect Success If You Handle Objections Yourself

Many people hesitate to hire an attorney because they wish to keep a family dispute within the family.

However, the court may treat your suspicions lightly if you raise them without a professional presentation and a firm basis in the law that an attorney can provide.

Moreover, a seasoned attorney who has been through such negotiations before is likely to produce a settlement that satisfies all parties and allows the proceedings to move forward at less cost to the estate.

Contact an established trust and estate litigation lawyer in Pennsylvania

Conflicts among beneficiaries or between beneficiaries and fiduciaries can be very destructive without experienced and knowledgeable legal counsel. John B. Whalen, Jr. Esq. provides capable representation for beneficiaries and fiduciaries throughout Pennsylvania. Call today or contact me to schedule a consultation.

Bryn Mawr Pa Last Wills Lawyers

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Bryn Mawr Pa Last Wills Lawyers

A Pa Last Will can grant your boss (Pa Executor) the ability to administer your Estate.

With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Pa Executor) should also be

  • Honest
  • Diplomatic.

Bryn Mawr Pa Last Wills Lawyers – Execution

I provides a full range of services for wills: drafting, review, amendment, revocation, execution and probate. I provide reliable guidance for testators and executors.

My experience in the Pa Orphans Court, resolving issues related to the validity of wills, enables me to provide practical advice for testators from all walks of life. Similarly, my work in the formation of wills gives us keen insight into how executors should interpret various aspects of a will that may initially seem unclear.

Whether you are a testator formulating an estate plan or an executor implementing a decedent’s wishes, John B. Whalen, Jr. Esq. can simplify many complex aspects of the tasks before you. I offer pertinent and personal legal advice to obtain the results you need in a timely manner with the least stress possible.

Executing a valid will is rather simple; executing an effective will takes a bit more work. The probate court approves a will if it finds the document was executed

  • intentionally and freely by a person of sound mind,
  • is written in clear, unambiguous language and
  • is signed and witnessed.

That’s really the easy part. To be effective, your will must be comprehensive, covering the full range of your worldly possessions and your deepest concerns, and contemplating various contingencies. I work closely with you to memorialize your intentions completely and instructing that they be carried out in the most efficient manner possible.

Once executed, your will remains your final statement of your intentions until you amend or revoke it. I recommend reviewing your will every three to five years and updating it to reflect your current wishes.

Bryn Mawr Pa Last Wills Lawyers – Issues

Even in apparently straightforward estate cases, there are sometimes disputes between disappointed beneficiaries and the will’s executor. When representing executors, I strive for the utmost professionalism in negotiations and in the courtroom. Whether the issue is a will challenge or an accusation of mismanagement of estate assets, I advocate vigorously for the testator’s estate and the executor.

Bryn Mawr Pa Last Wills Lawyers – Assets

A Pa Last Will only disposes of the assets that:

  • you own in your individual name alone and
  • possess no beneficiary designations (i.e., no tags).

Consequently, items

  • owned jointly with another are controlled by property law (not Will law) and will pass to the joint owner(s) at your death, and
  • items that have beneficiary designations will be controlled by contract law (not Will law) and pass to the designated beneficiaries at your death.

Bryn Mawr Pa Last Wills Lawyers – Executors

Most executors have never probated a will; many are surprised to learn the decedent’s will named them as the responsible party. I provide indispensable service for executors who have no prior experience in the probate court on matters that include:

  • Filing the will with the Pennsylvania probate court
  • Developing the best strategy for settling the estate
  • Finding and assembling assets
  • Pay creditors and claimants
  • Collecting amounts owed the estate
  • Closing and opening bank accounts
  • Transferring assets from the deceased to the estate
  • Paying current and delinquent taxes as well as estate taxes
  • Valuing, managing, preserving and liquidating the estate
  • Locating beneficiaries
  • Hiring experts, when appropriate

Executors can easily make mistakes due to inexperience, stress and hasty decisions. This can be costly, as executors can be held personally liable for beneficiaries’ losses. I guide executors through every step of the probate process, with reliable, detailed advice, so you can settle the testator’s estate as efficiently, quickly and easily as possible.

Choose your Executor with extreme care.

  • Be aware of your Executor’s traits
  • Be aware of the Estate’s Fiduciary Income Tax returns
  • Be aware of the Decedent’s final Income Tax returns

As an Executor, please be aware that

  • You can be held personally liable for unpaid taxes
  • You should be careful of the advice you receive and what you hear
  • You should ensure that the Income Tax returns were filed in your Estate
  • With all of the recent talk of the Estate Tax, the Income Tax side is as vital

Bryn Mawr Pa Last Wills Lawyers – Taxes

Pa Last Wills are extremely tax intensive

  • It will begin with Estate Planning
  • It will continue with the Wall’s vital tax clause
  • It will impact the client’s Asset Titles
  • It will extend through Probate
  • It will impact the beneficiaries tax obligations 
  • It may resolve through the Estate Administration 
  • It can extend far beyond the Estate’s conclusion

Extremely likely is the fact that the tax returns required in Pa are

  • The Pa Inheritance Tax Return 
  • The Federal Estate Tax Return (depending) 
  • The Decedent’s final Federal Income Tax Return 
  • The Decedent’s final Pennsylvania Income Tax Return 
  • The Estate’s Federal Fiduciary Income Tax Return(s) 
  • The Estate’s Pennsylvania Income Tax Return(s)

Bryn Mawr Pa Last Wills Lawyers – Misconception

The most common misconception that surrounds a Last Will is the process called Pa Probate and the seemingly universal assumption that it should be avoided at all costs.

  • Virtually to the contrary, the word Probate is merely the Latin infinitive verb that means to prove.
  • Although some states do have onerous probate procedures (where the avoidance of probate may be a prudent strategy), Pennsylvania does not.
  • In fact, probating your Last Will in Pennsylvania is very simple.

Another very common misconception that surrounds a Pa Last Will is that it disposes of all of your assets at your death. Again, and virtually to the contrary, is the fact that your Pa Last Will only disposes of your assets:

  • that are owned in your name alone and/or
  • that have no beneficiary designations.

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb premier and prestigious Attorney and Counselor at Law.

His main office is located at 696 Pont Reading Road, Ardmore, PA, 19003, and he serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.

He can be reached by email at [email protected], and by telephone at 1-610-999-2157.

Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

Bryn Mawr Pa Guardianships Lawyers

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Bryn Mawr Pa Guardianships Lawyers

Pa Guardianship is a legal situation granted by the court to appoint an individual to assist and protect the legal rights of someone who is physically or mentally unable to care for his or her own needs.

Once appointed, the guardian is legally bound to act in the individual’s best interests. Guardians can be given specific authorities, such as the authority to handle the financial and legal affairs of the individual, or they may be granted larger authority, depending on the needs of the individual.

Setting up a legal guardianship can sometimes get complex, especially if other family members are not in agreement as to who the guardian should be. That is why the assistance of a Pennsylvania guardianship attorney is so valuable. Attorney John Whalen has been serving the people of Pennsylvania for over 20 years, and brings compassion and knowledge to the guardianship process.

Complex Considerations

In a guardianship case, the interests of many parties need to be considered.

First and foremost are the interests of the individual who needs guardianship.

The guardian needs to be someone who will protect the interests and safety of the individual who needs help.

When working on guardianship cases, I ensure that everyone’s best interests, including the individual who needs help the most, are protected and considered.

Yet that’s just one aspect of a guardianship case. Sometimes the children or loved ones of the individual are not in agreement about who should be the guardian. In other cases, the individual who needs support may not be willing to accept it, and the case may need to go to court to prove that guardianship is required. Handling these cases requires skill and understanding, and that is exactly what Attorney Whalen offers.

The guardianship process can be filled with emotions.

Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. That’s why you need an attorney who offers legal services with compassion.

For the past three decades, I have built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

If you or someone you love needs the help of a legal guardian, I am ready to help.

Schedule a free initial consultation to discuss your concerns and questions, and get started on the guardianship process.

Pa Guardianships – Limitations

No Pa Guardian possesses the following powers, unless they are specifically and expressly authorized by the court:

  1. to consent to an abortion, sterilization, psychosurgery, electroconvulsive therapy or removal of a healthy body organ;
  2. to prohibit marriage or consent to divorce; or
  3. to consent to any experimental biomedical or behavioral medical procedure or be part of any biomedical or behavioral experiment.

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb premier and prestigious Attorney and Counselor at Law.

His main office is located at 696 Pont Reading Road, Ardmore, PA, 19003, and he serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.

He can be reached by email at [email protected], and by telephone at 1-610-999-2157.

Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).