The Lawyer Is Dishonest or Totally Incompetent If your lawyer has actually stolen from you or acted with gross incompetence, the authorities in charge of disciplining lawyers in your state should show some interest. File a Complaint With Your State's Lawyer Discipline Agency
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Regular Pennsylvania Probate. The personal representative also files a document called a petition for probate, asking the local probate court (“orphans’ court”) to open a probate case. Courts in many counties make all the required forms available online, where you can fill them in and then print them.
Creditor Claims:Creditors of a Pennsylvania estate can bring their claims for one year following the estate’s advertising. If the executor releases the estate’s funds to beneficiaries, and a legitimate creditor is discovered, the executor might be personally liable to the creditor if the estate funds cannot be recovered from the beneficiaries.
Administering an estate in Pennsylvania is no more and no less difficult than any other state. The matter is pressing, sometimes confusing, and for some beneficiaries, expensive. Here are the basics when it comes to inheritance in Pennsylvania.
Regular Pennsylvania Probate. The personal representative may also need to sell estate property during the probate process. Most transactions don’t need prior approval from the court, though the personal representative must periodically file status reports with the court.
Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...
If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
The most common penalties for violating ethical rules are disbarment, suspension, and public or private censure. Disbarment is the revocation of an attorney's state license, permanently rendering the attorney unqualified to practice law.
A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.
Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.
Professional Negligence. Civil Fraud and Investigations. Financial Services Disputes. Wills, Trusts and Inheritance Disputes.
What is an ethical violation? In a nutshell, an ethical violation is something that is - spoken, written, actioned - that violates a company's documented code of ethics, mission, vision, values, and culture. We also know that ethical violations laugh in the face of what is considered normal societal behaviour.
The range of penalties includes censure, removal from office, permanent disqualification from holding any state position, restitution, decades in prison, and fines up into the hundreds of thousands of dollars. Not all ethics violations are treated equally.
Civil courts allow people to sue for the tort of negligence when they suffer damages because the conduct of another falls below a reasonable standard of care. Typically, a reasonable standard of care is defined by the conduct of an average individual in a similar circumstance.
Generally, only assets that the deceased person owned in his or her name alone go through probate. Everything else can probably be transferred to i...
Not all estates must go through a long and expensive probate process. Pennsylvania offers a simplified probate process for small estates, which sta...
If the estate is too large to qualify for simplified probate, you’ll need to conduct a formal probate proceeding. This begins when the executor nam...
An individual wanting to make a legally binding will must be 18 years of age or older. Pennsylvania requires that a valid will be in writing. You c...
No. There is no law against leaving everything to strangers and leaving out the surviving spouse and other family members in a will. However, it is...
According to federal law, anyone who is in possession of an original signed will of a deceased person must file it at the county courthouse where t...
Within 90 days after your death, a person who has the will must file it with the appropriate probate court, and the court oversees the next steps....
To prove that someone is in charge of the probate estate, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). The personal representative shows the Letters as proof of their power to act on behalf of the probate estate.
A financial institution in Pennsylvania may release up to $10,000 to certain members of the family without probate, provided the family member shows a death certificate and proof the funeral has been paid ( 20 Pa. Cons. Stat. Ann. § 3101 .), or. An employer can pay wages and salary due to the deceased, up to $10,000 without probate.
Examples of probate assets include: Single name bank or investment accounts. Assets owned jointly as tenants in common (as opposed to joint tenancy)
An employer can pay wages and salary due to the deceased, up to $10,000 without probate. If you have probate assets, and the assets do not qualify for a simplified procedure based on the dollar values and descriptions listed above, then you will be required to go through the full probate process.
A fee will sometimes need to be paid to person managing the probate, which is usually a percentage of the probate estate, for example, 2%. (The fee is often waived.) If an asset in question has an uncertain value and needs to be appraised (such as cars or antiques), you will want to be prepared to pay an appraisal fee.
If you are the one who either intends to manage the probate estate or you are named in the will to manage the probate estate (and you accept the position), it is your job to give notice and gather the signatures.
If there is a will, a personal representative is named in the will to manage the probate estate. If the named personal representative is unable or unwilling to serve, then the next personal representative named in the will (called the successor personal representative) may serve. Note that sometimes the word “executor” is used instead ...
When someone dies, survivors must do certain things such as arranging a funeral or obtaining a death certificate, and figuring out what to do with all the loved one’s belongings, both tangible and intangible, such as bank accounts, mortgages, and more. This is where probate comes in.
Probate is the process by which assets of an individual, known as the decedent, who recently passed away, transfer to the individual’s heirs. As part of this legal process, the probate court will validate the decedent’s last will and testament, distribute assets to the heirs, and settle all debts.
Probate is not always necessary, and this is true whether the decedent died testate or intestate (died with or without a valid will).
To begin the probate process, the executor must contact the local court office and file papers, or petitions, and the process may take a matter of weeks or even years, depending on the estate’s magnitude.
Depending on the complexity of the case, the probate timeline may take anywhere from a few months to a year and longer.
Depending on the value of the estate assets, probate can cost anywhere from 3 percent to 8 percent. Probate costs differ by state, and can include:
According to Pennsylvania probate law, what are the other requirements for a valid will?
Probatein Pennsylvania refers to the process where the Commonwealth of Pennsylvania recognizes the executor or administrator as the estate’s official representative. When someone dies, ownership of all assets in that person’s name will now pass to someone else.
When an executor hires a Probate Attorney, it is that Lawyer’s primary job is to advise and protect the executor. Probate Lawyers are well versed in preparing all estate related tax returns and can help make sure all returns are filed correctly and timely.
A codicil to your will becomes part of your will and will be read together with your will to figure out what you want to be done with your assets after your death. A codicil must be executed in the same manner as required by your states as for a will.
There is no set time limit for an estate’s probate. As explained below, I often tell executors to tell the heirs that the estate will be open for at least a year, but we can often close the estate earlier (making the executor look good). The actual time the estate will be open will depend upon the estate’s assets and the taxes that need be paid.
What are an Executor’s Duties and Responsibilities? Once a probate petition is accepted, the executor’s or administrator’s job is to gather all the assets, pay creditors, satisfy all income/inheritance/estate taxes, and then distribute the remaining assets as the Will directs.
A common misunderstanding is that if you die without a Will, your assets may end up passing to the Commonwealth. This is possible, but only if you have no living relatives.
If you have or adopt a child after you execute your will that new child will take the portion of your estate , after your surviving spouse, that they would have been entitled to if you had died without a will. Learn more about the essential legal documents for life’s big transitionsHERE.
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.
A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.
If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.
A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.
In Pennsylvania, probate is the legal process that happens after a person (the " decedent ") dies, regardless of whether the person died with or without a valid will. If a decedent dies with a will, then their property is distributed according to the will.
At its most basic level, the probate process in Pennsylvania involves two steps: paying your debts and transferring any assets to your beneficiaries. A probate proceeding begins when the court appoints someone to handle the administration of estate, i.e. a personal representative.
The process of administering the estate will vary depending on whether or not the decedent had a valid will and the type of probate administration the decedent's estate will have to go through. If a decedent's estate is small enough, the law allows it to be probated using a simplified process.
Estate planning law is a very complex area of law; probate in particular can be a very long and involved process. If you are having difficulty dealing with probate issues, then you should find help from a qualified attorney.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
The law in Pennsylvania also requires that the petition includes: the name, age, residence, and post-office address of the respondent. the names and addresses of the respondent's spouse, parent (s), and presumptive adult heirs.
A guardianship/conservatorship is a tool that is intended to help and protect an individual's financial and medical well-being when they are unable to make those decisions due ...
the reasons why guardianship is sought. a description of the functional limitations and physical and mental condition of the respondent. the steps taken to find less restrictive alternatives to guardianship; and. the specific areas of incapacity over which the petitioner requests that the guardian is assigned powers.
If a conservator is appointed by a court, they will be granted the power to enter into contracts, oversee debts, invest and manage assets, and perform other financial duties on behalf of the partially incapacitated person.
What is included in a Guardianship/Conservatorship? A guardian has power over an individual in that they have the permission from a court to make decisions on behalf of the partially incapacitated person about items like where to live, what medical decisions should be made, and what type of education should be sought.
A court may also end the guardian ship/conservatorship if the person for which the guardianship/conservatorship was enacted is able to show that they are no longer incapacitated. If you or a loved one are considering creating a guardianship/conservatorship, contact attorney Joseph D. Lento today.
If you have become the executor of a will in Pennsylvania, are a beneficiary of a significant sum, or have lost a loved one intestate, an estate planning attorney can help you deal with the financial and legal matters you now face.
In Pennsylvania, if someone dies without a will, their assets go to their closest relatives under state intestate succession laws. While this seems like a straightforward process, things can get a little muddy, especially when there are multiple descendants and heirs.
Spouse: If the deceased was married and has no descendants or heirs, the spouse receives everything. If a spouse and shared children are surviving, the spouse inherits the first $30,000 of the intestate property and half the balance. The children receive the remainder. If the deceased has children from a different union, the spouse inherits half the intestate property and descendants the remainder.
If you come into an inheritance, an estate appraiser can let you know what items or property are worth. Estate liquidators can help heirs unload their inheritance through estate sales, charging a percentage of the gross profits.
The Process. A will is a legal document that lays out how a person wants their estate to be managed or minor children cared for upon their death. The person given the job of distributing these assets is the will’s executor.
Administering an estate in Pennsylvania is no more and no less difficult than any other state. The matter is pressing, sometimes confusing, and for some beneficiaries, expensive. Here are the basics when it comes to inheritance in Pennsylvania.
Nothing is certain in life but death and taxes and, as it turns out, taxes apply even after death. Pennsylvania is one of the few states that collect a state inheritance tax on certain property owned by the deceased Pennsylvania resident, including real estate. When property transfers from the deceased person to a living individual, the inheritance tax applies whether there is a will or not.