By Marlo Pagano | Published February 11, 2016 | Posted in Probate & Estate Law | Tagged Tags: estate planning, GLBT, LGBT, living wills, marriage, Same-Sex Marriage, Supreme Court |
Gotten Married Lately?
Marriage is an exciting time for any couple, but in recent months, that excitement may have reignited with GLBT couples, when the Supreme Court ruled this past June that all states must recognize the marriage of same-sex couples. For newly married GLBT couples, this may mean some more paperwork and planning of your wills and Read More
Read MoreThe Two-Witness Rule to Lost Wills
Pennsylvania has long required the oath or affirmation of two witnesses to prove both the execution and the contents of a lost Will. The reasoning behind the “two witness” rule has always been to preserve the intent of the testator, or drafter of the will. But what happens when the two-witness rule works against the Read More
Read MoreBut My Father Was Incapacitated When He Sold The Sports Car He Left To Me In His Will – Am I Entitled to The Proceeds Of That Sale? ADEMPTION AND INCAPACITY In Pennsylvania
Ademption occurs when a specific gift in a will is no longer part of the estate at the time of death. For example, a father drafts a will leaving his red sports car to his son. Before Father’s death, however, he sells the sports car. Because the sports car is no longer owned by Father Read More
Read MoreI’ve Just Been Appointed A Guardian of An Incapacitated Person, What Does That Mean?
When a person reaches a point where they are unable to function either daily or manage their own finances the court may appoint a guardian if the person is adjudicated an “incapacitated person.” If the incapacitated person only needs aid or assistance in their daily functioning, the court may appoint a guardian of the pers Read More
Read MoreMY ADOPTIVE PARENTS JUST DIED? DO I HAVE INHERITANCE RIGHTS UNDER THE WILL?
Imagine you’re the parent of two children, one is your natural, and one who is your adopted child. When you draft your will, you leave your entire estate to your “children.” Using the word “children” is not uncommon even where there is only one child at the time of drafting because the testator may have Read More
Read MoreWho Has Standing to Challenge a Will?
When a person dies with a will, they are said to die testate. The will typically appoints an executor (male) or executrix (female) to fulfill the wishes of the deceased. Sometimes, the executor is also a named beneficiary of the will, although this is not always the case. For practical purposes, this could include selling Read More
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