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We are focused probate lawyers that will handle all matters of a probated will. Our probate attorney’s also handle a probate trust issue.
Dealing with the loss of a loved one can be overwhelming.  As you cope with your grief, you also have to think about how the estate is to be distributed per your loved one's will or trust.  If you have been nominated to be the executor of a will or trustee of a trust, you will most likely be bombarded with demands from the beneficiaries, creditors and even the government.  Our probate attorneys and trust attorneys guide executors, trustees, administrators, heirs and beneficiaries through the complex process of the probating a will and administering a trust.  
  
Call the law office of Dugalic & Landau, PC in order to speak with a knowledgeable probate lawyer today. Our probate attorneys will provide you with the information you need pertaining to probate law in order to complete the probate administration process. Our probate lawyers can eliminate a lot of the agony involved with wills and probate and help you understand probate laws in order to complete the probate process efficiently and successfully. Call our office today in order to speak with an experienced PA & NJ probate attorney today.

• What is Probate?
• Objections to the Will
• Probate Process - Handling Affairs Properly
• Probate Potential Will Disputes
• Determining What Assets are Subject to Probate
• Time & Costs Involved with Probate
• Read About the Attorney’s That Will Be Helping You

Probate is the legal court process by which a person's final debts are settled and legal title to property is formally passed from the decedent to his or her beneficiaries and heirs. Probate can be time consuming, especially if you are unfamiliar with probate law. Our probate lawyers are experienced in probate law and can handle both simple and complex probate matters. Our probate attorneys will take a client through the probate process in the most efficient manner possible.
 
Our probate lawyers are experienced in helping individuals understand probate law and complete the following objectives of the probate process:
 
(1) collection, inventory and appraisal of all assets that are subject to probate, otherwise known as probate property
 
(2) paying the bills of the estate, such as taxes, estate expenses and creditors of the decedent
 
(3) the formal transfer of the probate property of the estate according to the will or by the state laws of intestate succession (if there is no will).
Probate law mandates court supervision before property passes to the heirs and beneficiaries. The probate process is unique with respect to every probate estate, but most involve the following steps:

• Filing a petition with the proper probate court.
• Notice to heirs under the Will or to statutory heirs (if no Will exists).
• Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
• Inventory and appraisal of estate assets by Executor/Administrator.
• Accountings are filed with the court.
• Payment of estate debt to rightful creditors.
• Sale of estate assets. 
• Payment of estate taxes, if applicable.
• Final distribution of assets to heirs.

As the executor or administrator, you may be faced with various challenges, such as real estate that must be sold, pending legal claims against the estate, tax issues and unsatisfied beneficiaries who threaten to sue.  A knowledgeable probate lawyer can help you understand probate law in order to overcome these obstacles and can provide the expert legal advice that is needed when probating a will.
Call the law office of Dugalic & Landau, PC in order to speak with a knowledgeable probate lawyer today. Our probate attorneys will provide you with the information you need pertaining to probate law in order to complete the probate administration process. Our probate lawyers can eliminate a lot of the agony involved with wills and probate and help you understand probate laws in order to complete the probate process efficiently and successfully. Call our office today in order to speak with an experienced PA & NJ probate attorney today.

An individual settling an estate is known as either an administrator or an executor. The difference between the two is simply that one individual has been named in a will (executor) to settle the estate of the decedent and another has been appointed by the court (administrator) to settle the estate of the decedent. The executor’s duties will be to probate the will, determine what assets are considered probate property and settle the estate through the probate process. The administrator’s duties will be the same except the probate of a will would not be applicable, however, the administrator will still have to determine what is probate property and settle the estate through the probate process.  In either scenario, a probate attorney should be consulted with when settling an estate through the probate process due to the fact that, although probate laws differ amongst states, probate laws in most states hold a personal representative of an estate personally liable if the affairs of the estate, such as the payment of debts, are not handled properly.

a. Determining what assets are subject to probate

Probate is primarily a process through which title is transferred from the name of the deceased to the names of the beneficiaries. Certain types of assets, called “non-probate assets,” do not go through probate.  These include:

• Property in which you own title as “joint tenants with right of survivorship”.  Such property passes to the co-owners by operation of law and do not go through probate.
• Retirement accounts such as IRA and 401(k) accounts where there are designated beneficiaries.
• Life insurance policies.
• Bank accounts with “pay on death” (POD) designations or “in trust for” designations.
• Property owned by a living trust.  Legal title to such property passes to successor trustees without having to go through probate.

Although some assets may not be considered probate property an executor or administrator still has other obligations with respect to non-probate assets in the estate administration process.
Executors and administrators are reimbursed for all legitimate out-of-pocket expenses incurred in the process of management and distribution of the deceased estate in exercising their duties in the probate process.  In addition, an executor or administrator may be entitled to statutory fees, which vary from location to location and on the size of the probate estate.  The executor or administrator has to fulfill his or her fiduciary duties during the probate process with the highest degree of integrity and can be held liable for mismanagement of estate assets in his or her care.  It is advised that the executor or administrator retain a probate attorney and an accountant to advise and assist him with his or her duties in the probate process.
Call the law office of Dugalic & Landau, PC in order to speak with a knowledgeable probate lawyer today. Our probate attorneys will provide you with the information you need pertaining to probate law in order to complete the probate administration process. Our probate lawyers can eliminate a lot of the agony involved with wills and probate and help you understand probate laws in order to complete the probate process efficiently and successfully. Call our office today in order to speak with an experienced PA & NJ probate attorney today.

b. Probate – Potential Will Disputes

As with any legal proceeding, there are technical aspects to probate administration. Probate administration can involve complex legal matters, such as a party contesting a will due to a lack of mental capacity or undue duress on the part of the individual drafting the will. In addition, the probate of a will can involve disputes as to the value of assets, which could ultimately lead to disputes between beneficiaries of the estate and tax authorities. Our probate lawyers, however, are experienced and knowledgeable in handling all types of disputes and matters that arise in the probate process of a will or an intestate estate. 

An objection to a will, also known as a “Will contest” is a fairly common occurrence during the probate proceedings and can be incredibly costly to litigate. A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will). Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud. A will may be challenged in its entirety, or only in part.

In contesting a will, one has to have legal “standing” to raise objections.  This usually occurs when, for example children are to receive disproportionate shares of probate property under the will, or when distribution schemes change from a prior will to a last will.  In addition to disputes over the tangible distributions, will contests can be a quarrel over the person designated to serve as Executor.

Call the law office of Dugalic & Landau, PC in order to speak with a knowledgeable probate lawyer today. Our probate attorneys will provide you with the information you need pertaining to probate law in order to complete the probate administration process. Our probate lawyers can eliminate a lot of the agony involved with wills and probate and help you understand probate laws in order to complete the probate process efficiently and successfully. Call our office today in order to speak with an experienced PA & NJ probate attorney today.

d. Time & Costs involved with Probate

The cost and duration of probate can vary substantially depending on a number of factors such as the value of probate property and complexity of the estate, the existence of a Will and the location of real property owned by the estate.  Will contests or disputes with alleged creditors over the debts of the estate can also add significant cost and delay.  Common expenses of an estate include executors’ fees, probate lawyer fees, accounting fees, court fees, appraisal costs and surety bonds.  These typically add up to 2% to 7% of the total estate value.
Call the law office of Dugalic & Landau, PC in order to speak with a knowledgeable probate lawyer today. Our probate attorneys will provide you with the information you need pertaining to probate law in order to complete the probate administration process. Our probate lawyers can eliminate a lot of the agony involved with wills and probate and help you understand probate laws in order to complete the probate process efficiently and successfully. Call our office today in order to speak with an experienced PA & NJ probate attorney today.