Pittsburgh Wills & Estate Administration Attorneys
A long list of responsibilities often piles up after the loss of a loved one. Distributing assets appropriately, paying debts, and dividing inheritances can get complicated—especially when you are overwhelmed with emotion. Probate is the legal process that happens after someone dies. It ensures that assets and property are passed on to the right heirs.
When Is Probate Necessary?
Probate is necessary after the death of a loved one even if there is a valid will. Probate helps you distribute assets and property to those named as beneficiaries in the will. This process is much easier if there is a will. Without a will, the court will be involved with valuing the estate, determining beneficiaries, and deciding how to distribute assets.
The Probate Process
This process varies if there is a will. The first step of the process is to present the death certificate to the court. The executor of the will, your lawyer, or a close member of the family can complete this step.
Next, a probate bond will need to be posted for the estate to make sure everything is distributed according to the wishes of the will or the court. The bond protects the beneficiaries against any errors the executor might make during the probate process, whether purposely or accidentally.
After, the executor or family representative will need to inform any possible beneficiaries about the death and contact potential creditors to settle outstanding debts. The next step is to determine the value of the property and assets.
From there, you will pay necessary funeral fees and any additional debts or medical expenses. Once this is all wrapped up, the executor or family representative will transfer real estate titles to the beneficiaries and follow the directions in the decedent’s will. If there is no will, you will follow the probate judge’s directions.
Reasons to Choose a Will to Handle Your Estate
Opting for a will to manage your estate provides numerous advantages that simplify the probate process and ensure your wishes are honored. Firstly, a well-constructed will offers clear instructions on distributing assets, reducing disputes among family members and beneficiaries. This clarity avoids potential disagreements and legal battles, which can be emotionally and financially draining. Additionally, a will allows you to appoint a trusted executor who will oversee the distribution process and manage your estate according to your directives.
Another critical benefit of having a will is the ability to specify guardianship for any minor children, ensuring they are cared for by someone you trust. A will also enables you to make specific bequests, allowing you to leave particular items to chosen individuals or charitable organizations, reflecting your personal values and relationships. By having a will, you also mitigate the risk of your estate being distributed according to state intestacy laws, which may not align with your wishes. Ultimately, a will provides peace of mind, knowing that your estate will be handled in a manner that respects your desires and supports your loved ones.
Protect Your Legacy with a Well-Crafted Will
Creating a comprehensive will is essential to ensure that your assets are distributed according to your wishes after you pass away. Our experienced Pittsburgh wills and estate administration attorneys can help you draft a legally binding document that covers all aspects of your estate, including property, finances, and personal belongings.
Benefits of having a well-crafted will include:
- Peace of mind knowing your loved ones are taken care of
- Avoiding disputes among family members
- Minimizing estate taxes
- Ensuring your assets go to the intended beneficiaries
- Streamlining the probate process for your heirs
Understanding the Importance of Updating Your Will
Life is full of changes, and so are your circumstances. It’s crucial to keep your will updated to reflect major life events such as marriage, divorce, the birth of children, or significant changes in your financial situation. An outdated will can lead to complications and disputes among heirs, potentially undermining your wishes.
Here are some key reasons to review and update your will regularly:
- Reflecting Life Changes: Ensure your beneficiaries and executors are current and reflect your current relationships.
- Addressing New Assets: Add any new properties, investments, or valuables acquired since your last update.
- Legal Changes: Stay informed about any changes in laws that may affect your estate planning.
- Clarity and Intent: Revisit your will to clarify your intentions and avoid ambiguity that could lead to disputes.
- Peace of Mind: Knowing that your will accurately reflects your wishes provides peace of mind for you and your loved ones.
At Schmidt Bresnahan Law Group, LLC, our experienced attorneys can help you navigate the process of updating your will, ensuring that your estate plan is as effective and clear as possible. Don’t leave your legacy to chance.
Common Misconceptions About Wills and Probate
Understanding the intricacies of wills and probate can often be daunting, leading to widespread misconceptions that may hinder your estate planning process. Here, we clarify some of the most common myths surrounding wills and probate to help you make informed decisions for your legacy.
- Myth 1: Only wealthy individuals need a will.
Reality: Regardless of your financial status, having a will ensures that your wishes are honored and your loved ones are taken care of. - Myth 2: A will avoids probate.
Reality: While a will is essential for outlining your wishes, it still must go through the probate process to be validated. - Myth 3: I can write my will without legal assistance.
Reality: While DIY wills are an option, they can lead to complications and disputes. Consulting with a probate lawyer ensures that your will is legally sound and meets all requirements. - Myth 4: If I have a will, my estate will be settled quickly.
Reality: The probate process can still take time, depending on the complexity of your estate and any potential disputes among heirs.
By debunking these myths, you can approach your estate planning with clarity and confidence. At Schmidt Bresnahan Law Group, LLC, we are here to guide you through every step of the process, ensuring that your estate planning reflects your true intentions.
How a Probate Lawyer Can Help
As you can see, the probate process can be lengthy, especially if no will was created. Additionally, without a will, you could risk having the court decide important matters regarding your estate. To ensure that your wishes are protected, it is in your best interest to hire an experienced lawyer. Our lawyers at Schmidt Bresnahan Law Group, LLC can get you started on the estate planning process today. We are only a phone call away.
Contact our office online today or call us at
(412) 693-6681 for help establishing a will or assistance with the probate process.
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Heather Schmidt Bresnahan
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Our Clients Always Come FirstWe take the time to get to know our clients, listen to their concerns and educate them on the process.
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Honest RepresentationWe are transparent in our approach and will not give you advice that we would not take ourselves.
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Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (412) 693-6681.