PROBATE ATTORNEY

MICHAEL DAIELLO

As a probate attorney to estate executors, Michael Daiello helps settle estates efficiently and reduce stress.

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Pennsylvania Probate Law Firm

230 S. Broad Street

17th Floor

Philadelphia, PA 19102

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CASE STUDIES

Probate Process Resolved for Surviving Spouse

Case Study

It is never easy coming to terms with the passing of a beloved spouse, especially the major lifestyle changes and financial challenges.

The spouse’s grieving process itself takes time and energy to process. Unfortunately, the burden of dealing with the administration of the loved one’s estate becomes a pressing matter while still working through the grief. This was exactly the situation for a Pennsylvania client of ours who lost her husband in 2019.

Our client was faced with numerous complicated estate matters involving the deceased husband’s assets. Her husband was the owner of a successful business in Pennsylvania that remained profitable through the time of his passing. Because the husband was co-owner of the business with other individuals, our client was now tied into the business with his former partners. Additionally, the husband owned real estate in Pennsylvania in his sole name which he acquired long before the marriage. Although our client was now the rightful owner under his will, the property was occupied by distance relatives who refused to leave.

We proceeded to petition the Register of Wills to open an estate for the late husband requesting our client to be name Executrix. Once Letters Testamentary were issued to our client, we handled all aspects of this complex probate process and settled the estate. We represented our client in negotiations for a sale of her interest in the husband’s business with the former business partners. Because our firm is also well equipped to resolve estate property roadblocks, we helped our client eject the occupant from the estate property. The property was later listed and sold, and our client was able to move on from entanglements with distant relatives.

Our client and all the rightful heirs received their inheritance due under the will and were satisfied with the outcome. The estate administration process was completed by our firm so that our client could focus on her own needs, not legal matters.

If you or someone you know is faced with a probate process, call for a free case evaluation at (215) 918-4242.

Disclaimer: While we’re proud of our past victories, please note that past results are not indicative of future results and each case is unique.

Roadblocks Cleared for Beneficiary of Estate Property

Case Study

Our office routinely helps our clients resolve roadblocks to selling their estate inheritance property. It is not uncommon for properties passed by a will to be encumbered by legal problems. Some of the legal problems our clients may face include estate properties that were co-owned by the deceased and title problems that prevent clear title to the property.

We recently handled a case in which our client was the beneficiary of an estate property, but legal problems prevented the property from being sold. Our client’s beloved grandmother left a will leaving her interest in a home to our client. However, the property was titled in the name of the grandmother and her former husband who was also deceased. Because the grandmother and her former husband co-owned the property after divorce, our client held a one-half interest from her grandmother. The other one-half interest belonged to the heirs of the former husband. Unfortunately, the heirs refused to cooperate with our client in selling the property or arranging a buyout.

To further complicate matters, a title search uncovered an old mortgage for $65,000 which had been taken out by the former husband. The mortgage was paid in full but was never recorded as “satisfied” by the lender. This resulted in a lien, or debt against his property that needed to be resolved. Our client could not receive his full profit from the sale of the house until the debt was resolved. But the lender was now defunct, so obtaining a satisfaction was difficult. This meant that the mortgage was valid so far as the public records were concerned.

Our office filed a legal action against the opposing heirs to sever the interests in the property and request court permission to sell. We also pursued a claim against the defunct lender seeking a court decree that the lien was invalid and unenforceable. Through the legal processes, we were able to successfully petition the Orphans’ Court for approval to sell. The mortgage lien was also declared invalid by the Court which prevented our client’s proceeds from being placed into escrow after sale.

If you or someone you know is faced with a legal roadblock to an estate property, call for a free case evaluation at (215) 918-4242.

Disclaimer: While we’re proud of our past victories, please note that past results are not indicative of future results and each case is unique.

TESTIMONIALS

Can’t say enough about Michael’s professionalism, honesty, and ability to get the job done. Great working with him.

I’m very pleased to say Mike is an excellent professional. I found him because of an article he wrote but it turned out to be a great choice. Mike is not only a highly capable lawyer, he is well versed in a broad range of areas of the law. I’d certainly recommend him to others and will ask for his help in the future.

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    MICHAEL DAIELLO

    ATTORNEY

    As a probate attorney to estate executors, I help my clients settle estates efficiently and reduce stress. It is always better to avoid a costly mistake than it is to resolve a legal or tax problem due to improper estate or trust administration. I provide sound guidance so that you can avoid pitfalls and focus on what matters most.