How To Confirm Ownership Of A Deceased Parent's Estate

Finding out that a parent has passed away is difficult, even if your relationship was strained or nonexistent. If your parent died and you have not been in recent contact with them, it can be challenging to locate all their assets and determine ownership. Probate and estate lawyers handle these types of matters frequently. If you are dealing with a deceased parent’s estate and need help confirming ownership of assets, hiring an attorney can ease the frustration you may be feeling and make the process more expedient.

Attempt to Locate a Will

Even if you do not think your parent had a will, one of the first steps to take is to try and find one. A valid will may be able to tell you much of what you need to know about the ownership of your parent’s estate. If your parent created a will, they most likely would have used an attorney from an estate planning law firm, which may have a copy of it. If you have access to your parent’s home or belongings, go through them to look for a will. If you find one and you were included as a beneficiary, the executor of the will should have contacted you and notified you of any inheritance. If necessary, you may be able to contest the will, depending on whether the probate and estate settlement process is completed.

Do Some Investigating

Regardless of whether you find a will, if you know who your parent’s attorney was, contact them to find out if they have any information about the estate and ownership of assets. You can also contact the probate court in which the estate was settled to find out which assets went through probate and who acted as the executor or personal representative. You may want to search public records of ownership, such as the county recorder’s office in the area to find deeds that were recorded for any real estate your parent may have owned.

Contact an Attorney

If it all seems too overwhelming, a family wills and trusts lawyer can do the investigating for you. Make sure to give your attorney everything you have related to your parent’s assets or estate, including the will, tax returns, account statements, any deeds or titles to property, and other financial information. There are different types of searches your lawyer can do to find vehicles, businesses, life insurance policies, annuities, retirement accounts and benefits, abandoned assets, and other assets that may be part of your parent’s estate. Your lawyer may work with a real estate attorney to search for any property your parent may have owned.

Laws of Intestacy

It is important to keep in mind that if you cannot find a will, the laws of intestacy of your state or commonwealth will apply to any assets your deceased parent-owned solely. If your parent has a living spouse, most of their assets will likely go to them. If your parent was not married or their spouse is deceased, any estate assets you find will be distributed equally among your deceased parent’s children. Even if you are able to locate and determine ownership of assets, if your parent’s estate was already settled and distributed, court litigation may be required to recover any share of assets you believe may be your rightful inheritance.

Do you need assistance with estate planning, probate or other legal matters? The experienced legal team at Carosella & Associates can help.

This blog was originally posted at https://carosella.com/blog/how-to-confirm-ownership-of-a-deceased-parents-estate/

Critical Estate Planning Documents You Need to Update After Remarriage

Whether it is due to divorce or a spouse passing away, many people end up in multiple marriages, often later in life. Having a blended family can come with challenges that may continue after you are gone. If you are getting remarried, it is important to make sure you update your estate plan to reflect your wishes and protect everyone’s interests. An estate law attorney can help you figure out which areas of your estate plan need to be changed and assist you with updating important documents.

Discuss Estate Planning with Your Spouse

It is critical for both spouses to change their wills when they remarry. If you have children the situation may be complex, so it is important to take certain things into account before creating a new will. It is a good idea for you and your fiancé or spouse to take an inventory of your own assets and debts and discuss how to handle them. Talking about your finances and being open and honest before you take any action can help you save a lot of headaches and help you avoid hurt feelings. Some important things to consider include:

• Life insurance polices
• Retirement accounts
• Investment accounts
• Real estate
• Other assets

You should also discuss what each of you would like to leave to any children you have, your wishes in the event of your incapacitation, and the arrangements you prefer after your passing.

Documents to Update

Once you and your spouse have talked it out, schedule an appointment with an estate planning attorney. Some of the vital documents that should be updated by both spouses include:

• Wills
• Trusts
• Powers of attorney for healthcare and finances
• Advance medical directives
• Beneficiaries on life insurance policies, retirement accounts, pension accounts, annuities, and any other accounts

Trusts and Other Documents

Even if you do not have a lot of assets, you should consider setting up a living trust, especially if you have children. If you have substantial assets, a prenuptial agreement may be a good solution to ensure your children receive the inheritance you intended. Living trusts lawyers can explain the benefits and drawbacks of different types of trusts and which ones may be best for your specific situation.

Special Considerations if You Are Divorced

If you are divorced and your divorce settlement agreement specifically names an ex-spouse as a beneficiary on certain insurance policies or accounts, you may run into problems if you try to change them. In this case, it is essential to speak to a divorce attorney. A lawyer can determine whether the changes you want to make will violate your divorce decree. If you cannot change beneficiaries, purchasing additional life insurance policies and opening new retirement accounts (depending on your age) may be advisable.

Dealing with estate planning after remarriage can be overwhelming. At Carosella & Associates, our divorce attorneys, estate planning lawyers, and wills and trusts attorneys can help you sort it all out and create a plan that works for you and your family.

This blog was originally posted at https://carosella.com/blog/critical-estate-planning-documents-you-need-to-update-after-remarriage/

What Is An Advance Directive?

Being prepared by creating an advance directive can help protect your interests and make it easier for your loved ones to cope in the event that you cannot make medical decisions for yourself. In Pennsylvania, there are two specific documents involved in creating an advance directive. A knowledgeable family wills and trusts lawyer can help you understand the purpose of them and draft an advance directive according to your specifications.

What is Included in an Advance Healthcare Directive?

Advance directives include two documents: a living will and a power of attorney for health care. While each one serves a different purpose, they are both critical if you become incapacitated and can’t make medical decisions for yourself.

Living Will

A living will enables you to state what type of medical care you want in the event of incapacity. Even if you have a spouse, relative, or friend you trust to make decisions for you, if they are unaware of your specific wishes, you may receive life-sustaining measures you may not want if you are in a coma, vegetative state, or incapacitated with no chance of recovery. Some treatments and issues to consider when creating a living will include:

• CPR to revive the heart or breathing
• Feeding tube or intravenous delivery of fluids
• Mechanical respiration
• Whether you want your doctor to withhold treatment that would prolong dying
• Whether you want certain pain relief medications even if they would hasten your death
• Organ and tissue donation

Having to make these decisions for a loved one when you do not know what they want can be heartbreaking, stressful, and cause family conflict. Ensuring you have a living will in place can take a burden off your family’s shoulders at an already difficult time.

Power of Attorney for Health Care

You will name an agent to make these health care and end-of-life decisions for you in a power of attorney for health care. You can appoint almost anyone you want as your agent, except for your physician or a health care provider who is unrelated to you. The person you choose as your agent should be dependable, trustworthy, and willing to stand up and assert your wishes if others protest certain treatment (or lack of treatment). Whether you choose your spouse, adult child, a friend, or another trusted person in your life, your agent should be stable and able to handle these situations in a calm and straightforward manner.

It can be quite challenging to set aside your emotions when creating an advance directive. Working with an estate planning law firm can help you make practical choices about what to include and who may be the best person to make these difficult decisions for you.

If you need assistance with estate planning, creating an advance directive or other legal matters, the experienced probate and estate planning lawyers at our full-service law firm in West Chester can help you make informed decisions and create a plan that benefits you and your family.

This blog was originally posted at https://carosella.com/blog/what-is-an-advance-directive/