Navigating the Complexities of Probate: How a Lawyer Can Help

When Probate Presents Challenges

In the state of Pennsylvania, all estates with more than $50,000 in assets must go through the full probate process. Smaller estates may be eligible for a different probate process. But no matter which one is applicable, it’s still possible for there to be complications or challenges along the way. Having an attorney who understands what the state’s probate laws are and how to navigate bumps in the road that may arise can make for a smoother, less stressful probate process.

A Missing Will

Someone dying without a will — often referred to as dying intestate — or the will being missing is one of the biggest challenges that can happen with probate. Without a will, the estate is subject to the Pennsylvania intestate succession rules. There are specific guidelines for who inherits the estate when someone dies without a will, but keep in mind that these rules only apply to assets that go through the probate process. Any other assets, such as life insurance policies with a named beneficiary or property in a trust, go to their designated beneficiary.

If someone dies without a will in Pennsylvania, the estate normally passes to a living spouse or children. In some cases, the estate may be split between the two. For example, if someone dies, leaving a spouse and children from another relationship behind, the spouse gets half of the estate and the children split the other half. If the person didn’t have a spouse or children, their parents and then siblings would be next in line to inherit.

A probate attorney can help you navigate this process and help you understand who the beneficiaries will be.

A Dispute Over Whom Should Be Named Executor

The executor of the estate is in charge of making sure that the estate is settled, meaning all outstanding debts are paid, and the remaining assets are distributed to the beneficiaries named in the will. However, there can be a complication if the named executor has already passed, which can happen if the will wasn’t updated, or doesn’t want to take on the role.

In these cases, someone else must be appointed as executor. Sometimes, multiple people wish to be named executor, and there can be disagreement over who is the best choice. An attorney can help you make a case to be the executor and inform you of what those responsibilities entail.

No Provisions for Minor Children

A will is where a parent names their preferred guardian for any children who are still minors when the parent passes. If there is no will or the will doesn’t mention who should be appointed as a legal guardian, it can make things much more complicated. It’s not unusual to have family members from both sides vying to take over guardianship of the child, and in some cases, the child could end up in temporary foster care until a decision is made.

Working with an estate planning attorney ensures you know what you need to do in your will to ensure your children are protected and cared for after you pass.

Contesting the Will

Perhaps one of the biggest complications that can happen in the probate process is the contesting of a will. This is when at least one party who has a vested interest in the estate challenges the will. They may argue that there is a newer version of the will or that the decedent wasn’t of sound mind when the will was made. In some cases, there can even be accusations of fraud, and all of this can drag out the probate process — and create substantial tension among family members.

Whether you want to contest a will or do everything you can to keep your will from being challenged, an estate planning attorney can help. Estate and probate lawyers are familiar with these circumstances and can help you navigate any unforeseen complications.

If you need help with an estate plan or have questions about the probate process in Pennsylvania, the team at Peak Legal Group, LTD, is here to help. Call 610-989-7064 to speak with a member of our team about your case.