Phoenixville is part of the Philadelphia metropolitan area, known for its rich industrial history and home to Phoenix Iron. Since the Iron Works company shut down, this suburban town has gained recognition for its industrial revitalization. It has also been transformed into a cultural center featuring many art galleries, breweries, and farm-to-table restaurants.

Phoenixville offers a high quality of life with proximity to major cities like Philly, making the borough ideal for owning a property. If you’re a fiduciary to someone who passed away recently or a close family member, hire a Phoenixville estate lawyer to help guide you through the complex estate management process.

If assets have no clear designations

Certain assets held by the decedent, like bank accounts or properties, fall under the supervision of the state’s probate court or the state’s intestacy laws.

The probate lawyer acts as an unbiased mediator navigating through complex laws, and they distribute the undesignated assets following a predetermined hierarchy defined by the respective state’s law to decide what assets belong to whom.

The hierarchy usually prioritizes the closest family members, like spouses and children.

When the estate is complex by nature

Though legal assistance is mostly not needed in straightforward estates, a complex estate with a diverse range of assets in different states and a high net worth involving many assets needs an expert’s assistance to handle.

The lawyer can follow instructions left by the decedent, if there were any, to manage the legal intricacies and avoid potential disputes.

Heir and will disputes

If an heir believes the will was divided unfairly and claims there’s a fraud and undue influence involved, a probate lawyer gathers evidence to build or defend the case, representing the beneficiaries or the estate in court.

The probate lawyer can advise the fiduciary during these disputes in distributing them fairly for all beneficiaries.

When disputes arise among beneficiaries

When there are disputes among beneficiaries regarding the division of the will, a probate attorney can advise them on their rights, interpret the decedent’s true intentions in dividing it, and act as a neutral third party to find common ground and avoid costly litigation.

Different states are involved regarding the estate

Each state has its own probate laws and procedures to handle properties. If an estate involves different states, and the deceased owned a property in a different state, an ancillary probate will be opened in that state, and the probate lawyer can handle the complexities involved in this case.

Let’s just say the decedent lived in Pennsylvania but owned a property in New York; the transfer of that property will be governed by New York law, opening an ancillary probate in the county where the property is located.

When the validity of the will is questioned

If the validity of the will is questioned, a probate lawyer can organize witness statements from the will’s drafter, family and friends, medical records, and expert advice to determine and verify the decedent’s true intentions, mental state, and health while deciding the will.

Key takeaways

• When the assets have no clear designations, a lawyer can follow an order defined by the state to decide the designation.
• When the estate is diverse and complex, a probate lawyer can handle the intricacies in the will.
• A probate lawyer can be a neutral mediator to handle the disputes among beneficiaries.
• If the estate spans multiple states, the lawyer will initiate ancillary probate to facilitate the transfer of property.
• If the validity of the will is questioned, the lawyer will gather relevant evidence to prove the will is indeed valid.