PENNSYLVANIA PROBATE LAW FIRM

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

Solutions for Estate Executors

The process of settling a deceased person’s estate is called probate or estate administration. We understand the feelings of being lost or confused in the probate process, especially after the loss of a loved one. Navigating the legal and financial challenges alone is complex, and family dynamics can create additional challenges. Our firm handles the administration process so that the process stays on track and is fair to everyone involved.

If the deceased died with a will, then the estate executor or executrix will manage the estate according to the terms of the will. If there was no will, then the person appointed to manage the estate is referred to as the administrator. The legal process to settle the estate is different depending on whether there is a will.

We will guide you through the steps of the probate process.

As a probate law firm, we can help navigate the complexities of the probate process by completing the court filings and other obligations associated with being a personal representative.

It is easier to avoid a costly mistake than to resolve a legal or tax problem due to improper estate administration. The details of even an uncontested estate administration matter can be daunting.  Most people who call our office do not know what to do, but feel a sense of urgency to move forward.

Our team will take over the probate process so that you can avoid legal or tax mistakes and properly distribute the estate assets. We have helped many personal representatives and heirs settle their families’ estates and maximize the inheritance for the heirs.

If you are the personal representative or want to become the personal representative of an estate, please contact us today.

Here are just some of the problems we can help you resolve:

  • Admitting the will to probate
  • Appointment of the executor or estate administrator
  • Transfer or sale of inheritance property
  • Distribution of estate assets to the rightful heirs
  • Efficient completion and closure of the probate process
  • Minimize the impact of creditor claims and tax liabilities
  • Preparation and filing of the inheritance tax return
  • Avoidance of legal liability due to improper estate administration
  • Court filings and petitions for extraordinary matters

Are you a Pennsylvania estate personal representative?

Call us for help to handle the details and efficiently settle your estate matter.

Whether you are an appointed professional, family member, or heir to an estate, we can help you reduce stress and avoid costly mistakes.

Open the Estate and Obtain Appointment as Personal Representative

Probate, also known as estate administration, is the legal process to settle the legal and financial affairs after a loved one passes away. Some of the important processes include appointment of the personal representative, distributing assets to creditors and beneficiaries, payment of inheritance taxes, and filing required legal documents. We will guide you through the steps to take your probate process from start to completion.

Distribute Estate Property on Behalf of Beneficiaries

One important goal of all estate matters is to maximize the estate’s value. Strategies are necessary to reduce the amount of creditor claims and ensure that the beneficiaries receive the maximum amount possible.

Keeping cooperation among the family is an important consideration in preserving the estate’s value. While the personal representative has the right to make legal and financial decisions, decisions should be made with the input of the heirs. Disputes can affect the length of the process and result in court appearances. We guide personal representatives to help avoid unnecessary disputes before they arise in the probate process.

Court Filings and Petitions for Extraordinary Matters

The person named in the will has the right to serve as the estate’s personal representative. But if the nominated person is now deceased or unable to serve, a legal petition may be necessary unless the heirs fully cooperate.

Other circumstances where a petition may be required include admitting a copy of a will when the original was lost or revoking letters issued to a personal representative who has not completed their duties to administer the estate.

Completion and Closure of the Probate Process

Each probate matter can have widely different processes depending on the size and complexity of the estate. Some factors that affect the process include the amount and type of assets, the number of creditors and the extent to which the heirs cooperate. The probate process should conclude only after the creditors and taxes are satisfied, tax returns and legal filings submitted, and all heirs sign a final family settlement agreement.

Avoid Legal Liability for Improper Estate Administration

The personal representative has the right to control estate assets and handle the legal affairs of the estate. But with these rights also comes potential liability for improper administration. Estate administrators can be held personally liable to creditors, disappointed heirs and governmental entities for disputes over handling of estate property. Proper administration can reduce the risk of liability for things that happened while the estate was being administered.

Resolve Legal and Title Problems for Estate Property

Real estate often comes with legal and title problems. For example, estate properties may have title defects or mortgage liens which were never satisfied in the chain of title. Property that was jointly owned with another person must be partitioned through the court system if the co-owner does not cooperate. In some circumstances, occupants who have no lawful right to reside in the property must be ejected. We use the court system to help you clear the legal obstacles to distributing or selling estate property.

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.

PROBATE CASE STUDIES

Probate Pitfalls Avoided for Surviving Son

The passing of a loved one is very difficult for a family. Sometimes a loved one’s end-of-life phase is a long struggle for those who provided care and support during the aging process. Our beloved client found himself in that very situation with the care of his mother. Our client’s mother fought a long and difficult battle with cancer before her eventual passing. Both he and his siblings cared greatly for her wellbeing but were exhausted after a two-year struggle.

It was our client who stepped forward to handle the legal and financial issues for the family after the funeral. He knew that his mother had a Will, but the original was lost. The surviving beneficiaries also had many questions. Who would serve as the estate representative? What should be done with the residence and rental properties? Would the representative or beneficiaries have to go to court? How long would probate take?

Our client came to our office to gain clarity and direction for what to do next.

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Court Appearances Avoided for Family Members at Odds

Sometimes the most difficult part of probate is not the legal or financial issues but interacting with difficult family members. Long-held resentments between family members can surface as emotions run high after a loved one’s passing. When family members refuse to cooperate, or actively create delays, a legal case is one potential solution. But our client managed to avoid litigation when our office successfully navigated difficult family dynamics.

Our client was very close with his brother and became even closer to him in the years leading up to passing. The deceased brother lost his spouse several years earlier and had no children. Because the brother had no descendants, the three heirs to his estate was our client, a second brother and a niece. But it became apparent the probate process would be off to a rocky start when the niece refused to cooperate.

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CONTACT US

Pennsylvania Probate

Law Firm

230 S. Broad Street

17th Floor

Philadelphia, PA 19102

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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.