McMorrow Law, LLCPittsburgh Divorce Attorney | Allegheny County PA Estate Planning & Probate Lawyer | Butler Pennsylvania Collaborative Divorce2024-03-12T20:13:05Zhttps://www.mcmorrowlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502221/2021/04/favicon-75x75.pngOn Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=483922024-02-16T14:52:46Z2023-05-02T04:59:28Z1. What assets go through probate?
Most assets and shares of assets owned by the deceased, whether listed in the will or not, will go through the probate process. Exceptions exist for assets held in a living trust and certain types of funds such as retirement accounts or life insurance plans.
2. What are the responsibilities of an executor?
Much of an executor's duties involve organizing documents and taking inventory of the deceased's estate. The executor must also notify the relevant parties about the probate case, participate in proving the will, and oversee the distribution of assets and payment of outstanding expense obligations afterward.
3. What happens if someone contests the will?
An individual attending probate has the right to contest the will if they are an interested party and if they believe some or all of the document is invalid. The responsibility of an executor, in this case, is to reply to the complaint, gather evidence regarding the validity of the will and seek additional legal assistance if necessary.
Being the executor of a will is a significant responsibility, but one that you can successfully carry out with help from the resources available to you.]]>On Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=483682023-01-12T05:26:47Z2023-01-18T05:25:12ZConduct a full estate inventory
Talk with each of your loved ones about your estate and conduct a thorough inventory to identify anything specific that they might want. Discuss inheritance and assets with each family member and give them the chance to express their personal preferences. When they feel like a part of the decision, it is easier to adapt.
Discuss guardianship in advance
When you write out your estate plan and define guardianship expectations, talk with your family about the plan. Being clear about your guardianship wishes helps your loved ones to think about the future changes after your death.
Share your wishes frequently
Make your wishes known as openly and frequently as possible, encouraging open discussion and ongoing communication. When you treat your estate planning wishes and your will as a mainstream topic of conversation, you help your family become more comfortable with the topic as well.
The more open and communicative you are about your final wishes, the easier it is for your family to accept that transition and prepare for your death. Be practical, rational and reasonable about your communication to help them understand it without the emotional upheaval that can often come with it.]]>On Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=483662022-12-21T05:54:25Z2022-12-27T05:52:52Z1. General durable powers of attorney
Should you become incapacitated, you want someone you can trust to make financial decisions about your life. Creating a general durable power of attorney allows you to choose who makes those decisions. When drafting this document, you specify how your agent can spend your money and manage your assets.
2. Health directives
If you become sick or injured, you may be unable to communicate with doctors to express your desire for medical care. An advanced health directive outlines your wishes for treatment. You should consider if you want life-saving measures such as:
Feeding tubes
CPR
Ventilators
IV fluids
Blood transfusions
Two options for documenting your healthcare directives are through living wills and durable powers of attorney for health care. Having these items in place ensures you still have a say in your medical care even when you may not be capable of verbalizing your wishes.
3. Guardianships
Being incapacitated also means you can not care for your minor children. If you do not have a spouse to care for them, identifying temporary guardians means the state does not make this decision for you.
Including these essential details in your estate plan ensures you maintain control of your life decisions if you become incapacitated.]]>On Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=481872022-09-21T19:36:16Z2022-09-21T19:36:16Z"Wills are only for people with significant assets"
Owning multiple properties and having several investment accounts is not a prerequisite for writing a will. Regardless of your asset profile, a will is a necessity especially if you have a business or young children to consider.
"Everything goes to your spouse if you do not have a will"
If you have a happy and trusting relationship with your spouse, you might think that a will is completely unnecessary. However, Pennsylvania intestacy laws state that without a will, your assets will distribute evenly amongst your spouse as well as any surviving parents or descendants.
"Wills eliminate the need for probate"
The probate process is the procedure during which the court verifies the validity of your will, interprets it, and distributes your assets accordingly. With that being so, your will necessitates the probate process rather than nullifying it.
Once you gain a deeper understanding of how wills function in the estate planning process, you can fully appreciate how preparing for an unfortunate event might serve to ensure the well-being of your loved ones should tragedy strike.]]>On Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=481812022-07-29T19:53:25Z2022-07-29T19:53:25ZCan you afford to keep the house post-divorce?
Your first instinct may be to insist on keeping the house, especially if you will be the custodial parent. However, that may not be realistic if you are moving from a two-income to one-income household. Additionally, you may not be able to afford maintenance and tax expenses on top of mortgage payments, especially if you need to refinance at a less desirable rate.
What happens if a judge awards the house one ex-spouse?
Pennsylvania is an equitable distribution state. That means that, during divorce, the court tries to divide shared marital assets in a way that is fair to both parties. Since you and your spouse both have claims on your home’s equity, fighting for possession may mean that you must give up other valuable assets in exchange.
If your divorce goes to court, a family law judge may have the final say about how to divide your shared assets, including the house. However, if you can agree to discuss settlement terms outside of court, either mediation or collaboration may help you to negotiate a financial division that works for you both while ensuring stability and support for your children.]]>On Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=481752022-06-13T17:01:53Z2022-05-16T19:19:39Zshared custody, you need a co-parenting plan for the summer just like you did for the school year.
Make plans before summer starts
Avoid waiting until the start of summer break to start working out a schedule for drop-offs, vacations, and other events. Get together with your co-parent to work out your schedules together. You can discuss prior engagements and availability so that you have a seamless plan.
Consider what the kids want
If you have older children, talk to them about what they want to do for the summer. You can allow them small inputs about specific weekend plans or take in their vacation ideas. Co-parents often work better when their common goal is to please the kids.
Try to be flexible
Planning is a great way to avoid scheduling issues, but it does not pay to be too rigid. Try to stay flexible. You can leave some weekends open and create a backup plan for major events in case something falls through or someone gets sick.
Make rule adjustments together
Some parents want to stick to a routine in the summer and try to keep their children on a schedule. Some like to give them more free time and let them stay up a little later. Working out summer rules together keeps everyone on the same page.
Co-parenting is rarely easy for anyone. However, you can make the most of summer for the whole family if you work together.]]>On Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=481702022-04-06T17:51:52Z2022-04-06T17:51:52Zpower of attorney may be a great help. This document would allow someone else to decide on matters for you, in the way that you wish, if you can no longer make your own decisions.
You choose the conditions
When you fill out the forms, you can list specific instructions about how the agent should act on your behalf. These instructions can cover anything from medical decisions to estate management to business changes. You can set a timeframe for how long these powers should last and you could limit your agent's abilities in some areas. You can also revoke certain powers if you change your mind on anything later.
You choose the agent
When you file for a power of attorney, you can choose who you would like to act on your behalf. This way, you can avoid having your affairs land in the wrong person's lap. You could pick a family member, an associate or someone else entirely. A court can rescind your agent's powers if it decides that it is the right thing to do, but as long as your agent acts within reason, there should be no trouble.
When it comes to a power of attorney, you must think hard about what you want and make sure you understand the terms. With careful consideration, you may enjoy new peace of mind without having to worry as much about the future.]]>On Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=481482024-02-16T14:52:53Z2022-02-08T16:34:22Zguardianship may be permanent or temporary, depending on the circumstance.
What authority does a guardian have?
A guardian of a person can make personal, medical and care decisions. In this placement, it is your job to protect the rights and interests of your loved one.
A guardian of an estate manages the person's funds and assets. When a court appoints you to this position, you handle the incapacitated person's financial matters.
As a plenary guardian, you have almost unlimited ability to make decisions for the person's well-being. However, if a judge appoints you as a limited guardian, you have only the controls specified in the court order.
What duties does a guardian have?
As a guardian of a person, you are responsible for:
Protecting the person's interest's and rights
Planning essential support services
Including the person in the decision-making process as much as possible
Respecting the individual's wishes to the extent feasible in the situation
If you are the guardian of an estate, you handle the finances for the incapacitated person's benefit. Using the standard of care that you would with your own money, you manage monetary issues, such as:
Investment portfolios
Business needs
Insurance policies
Selling personal property
A court awards you guardianship when a person needs assistance making critical decisions. In this position, you act solely on behalf of the incapacitated person.]]>On Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=481362021-11-22T15:51:04Z2021-11-22T15:51:04ZCreating an agreement
Even though the state does not recognize legal separation, a document spelling out the terms may provide clarity and guidance. It may serve as a roadmap for divorce should the couple decide to go that route. Things that should go into a separation agreement include:
Financial split
Physical property division
Support payments for children
Time-sharing for child custody
Moving forward with divorce
During a divorce, the court does consider any separation agreement a couple entered into while living apart. The couple may draft a divorce agreement that will make their separation permanent.
If circumstances have changed, such as financial capability, then the couple should work together to compromise. Since Pennsylvania is an equitable division state, the court may want to take a closer look at each person's independent financial situation before signing off on something that may benefit one spouse over the other.
Legal separation serves a purpose, even if a court does not recognize it as a legal status. The time away from each other may solidify a couple's decision to part or provide a chance to reconcile.]]>On Behalf of McMorrow Law, LLChttps://www.mcmorrowlaw.com/?p=481302021-09-20T13:23:36Z2021-09-20T13:23:36Zsocial media use can have a negative impact on marriages, sometimes leading to divorce. With this in mind, here are the most important things to not do on your accounts if you are in the midst of ending your marriage.
Do not badmouth your partner
For many divorcing individuals, the temptation to share your frustrations about your soon-to-be-ex on social media is hard to avoid. However, your Facebook rant could end up as evidence used against you in court. If you need to vent, talk to a close friend or trusted family member instead.
Do not ask your friends to spy on your partner's social media
If you and your spouse have unfollowed each other, keep it that way. Do not ask a friend who still follows your spouse to check in on what he or she is doing. This only stirs up contention and can put that friend in an awkward place where he or she has to choose between the two of you.
Do not post inappropriate photos
If you feel like going out drinking with friends to celebrate your divorce, do not post about it on your social media. The courts may see those images as evidence against your custody case or parenting time arrangements. Also, make sure no one tags you in any similar images.
You do not have to completely delete your social media when you are divorcing, but it is important to consider whether what you post could end up as evidence against you.]]>