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Expert Representation When Probate Becomes Contentious
The loss of a family member is already a difficult and traumatic experience, and the added burden of legal disputes surrounding their estate can make it even more challenging. While it may seem that courtroom battles over inheritances only occur among the ultra-wealthy, the truth is that probate litigation can impact estates of various sizes, even those with just a few assets.
If you find yourself entangled in a current or potential probate dispute, the seasoned Mechanicsburg estate litigation attorneys at Keystone Elder Law, P.C., are here to support you. We specialize in probate and estate administration, recognizing that the process of handling a loved one’s final affairs may encounter obstacles. Our team can provide you with knowledgeable advice, guide you through this difficult period, and offer effective representation in court to ensure your interests are fully considered.
Understanding Probate Litigation in Pennsylvania
Probate litigation is commonly associated with will contests. In Pennsylvania, once a proposed will is filed with the local Register of Wills, interested parties can file a caveat, marking the first step toward contesting the will. Several legal grounds exist for initiating a will contest, including:
- Lack of testamentary capacity: Alleging that the deceased lacked the mental capacity to make the will at the time of execution.
- Undue influence: Claiming that a third party exerted undue influence over the deceased, resulting in an unfair distribution of assets.
- Fraud, forgery, or mistake: Asserting that the will was created based on fraudulent information, forgery, or a significant mistake.
- Insane delusion: Arguing that the deceased was suffering from a false belief that influenced the contents of the will.
- Revocation or superseding will: Contending that the deceased either revoked the will or created a new one prior to their passing.
- Improper execution: Challenging the validity of the will due to improper signing or witnessing, as required by Pennsylvania law.
Even in cases where a will is deemed valid and properly admitted to probate, litigation can still arise over other issues related to the administration of the estate. Some common examples include:
- Interpretation of unclear or ambiguous provisions in the will.
- Allegations of a personal representative breaching their fiduciary duty, potentially leading to their removal and damages paid to the estate.
- Litigation involving creditor claims against the estate.
Consult a Mechanicsburg Estate Litigation Attorney Today
Initiating a caveat proceeding or engaging in estate litigation is not a right granted to everyone. Pennsylvania law defines who qualifies as an “interested party” with standing in such matters, and strict legal deadlines must be met to assert one’s rights.
Therefore, it is crucial to seek the guidance of a qualified Mechanicsburg estate litigation attorney if you have questions or concerns about the probate administration process. Whether you are a personal representative or an interested party, we will thoroughly review your case, provide advice on available options, and advocate for your best interests. Contact Keystone Elder Law, P.C., today to schedule an initial consultation and gain peace of mind during this challenging time.
Power of Attorney
A Power of Attorney can be used to give another person the right to sell a car, home, or other property in the place of the maker of the Power of Attorney. A Power of Attorney might be used to allow another person to sign a contract for the maker of the Power of Attorney (the person who makes a power of attorney is called the “principal”). It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the principal cannot do for one reason or another. With few exceptions, Powers of Attorney can give others the right to do any legal acts that the makers of the Powers of Attorney could do them themselves. A General Power of Attorney gives the “power of attorney Agent” or simply “Agent” (the legal name of the person who is authorized to act for the principal) very broad powers to do almost every legal act that the principal can do. When Elder Law Attorneys draft general Powers of Attorney, they still list the types of things the Agent can do but these powers are very broad. People often do general Powers of Attorney to plan ahead for the day when they may not be able to take care of things themselves. By doing the General Power of Attorney, they designate someone who can do these things for them.
Normal Powers of Attorney terminate if and when the principal becomes incompetent. Yet many people do Powers of Attorney for the sole purpose of designating someone else to act for them if they cannot act for themselves. It is precisely when persons can no longer do for themselves that a Power of Attorney is most valuable. To remedy this inconsistency, the law created a Durable Power of Attorney that remains effective even if a person becomes incompetent. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the principal’s incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed. Most Powers of Attorney done today are durable.
Yes. At the time the Power of Attorney is signed, the principal must be capable of understanding the document. Although a Power of Attorney is still valid if and when a person becomes incompetent, the principal must understand what he or she is signing at the moment of execution. That means a person can be suffering from dementia or Alzheimer’s Disease or be otherwise incompetent sometimes but as long as they have a lucid moment and are competent at the moment they sign the Power of Attorney, it is valid even if they do not remember signing it at a later date. At the time it is signed, the principal must know what the Power of Attorney does, whom they are giving the Power of Attorney to, and what property may be affected by the Power of Attorney.
Any competent person eighteen years of age and older can serve as an agent. Certain financial institutions can also serve. There is no course of education that agent must complete or any test that Agent must pass. Because a Power of Attorney is such a potentially powerful document, agents should be chosen for reliability and trustworthiness. In the wrong hands, a Power of Attorney can be a license to steal. It can be a big responsibility to serve as an agent.
Medicare is health insurance and covers medical services such as physician appointments, therapy, blood tests, x rays, medical procedures and hospitalization. Medicare will sometime pay for rehabilitation in a long-term care facility for a period of 20 to 100 days, but not longer. In long-term care, Medicaid covers the cost of ongoing support services for daily functioning, such as room and board in a nursing home.
Medicaid is a federal program that is overseen by the Center for Medicare and Medicaid Services (CMS). In Pennsylvania, Medicaid is called Medical Assistance and is administered by the Department of Human Services (DHS).
In Pennsylvania, Medicaid funds are not available to pay for assisted living or personal care.
For Medicaid to pay for care in a nursing home, an individual recipient must be determined to need a nursing home level of care by a physician and the local Office of Aging. An individual whose income is not greater than three times the poverty level may keep up to $8,000 of total resources, but may otherwise keep only $2,400. The cash value of life insurance counts as a resource, but one car and a residential home does not count as a resource.
Empowering Clients with Holistic Planning at
Keystone Elder Law
At Keystone Elder Law, we believe that the physical, social, legal, and financial considerations of our clients all intertwine. We utilize an interdisciplinary approach to evaluate each area, which allows for the creation of a plan that addresses the concerns of the individual as a whole as well as the family. To this end, our model of practice includes a Care Coordinator (usually a nurse or social worker), whose expertise complements our team of attorneys.
When the road of life is smooth, decisions about legal and financial matters are easy to push aside for “a rainy day.” Planning ahead, however, will allow for more options as you view the map of where you’ve been and where you want to go. Don’t let a crisis limit your choices or derail your plans.(717) 697-3223