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Estate Probate & Trust Administration

Sorry Junior, No Treasure Hunting Allowed

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A provision in a will that directs an executor to bury a person with his or her favorite assets is not enforceable.  In 1967, Eva Meksras executed a will directing her executor to deliver her diamonds, jewelry, and certain photographs to the funeral director to be buried with her remains.  The executor did not follow this direction.  Instead, the executor asked the Court for permission to sell the diamonds and jewelry.  The executor wanted to distribute the proceeds of the sale to the beneficiaries. The Philadelphia County Court of Common Pleas determined that this provision in the will was void because...

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Steps to Take When a Death Occurs

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The death of a loved-one can be a heartbreaking experience. This is made all the worse by fear and confusion regarding the family’s “legal” responsibilities following their relative’s death. The list below shows the actions to take following the death of a loved-one. Check on the deceased person’s home, be sure it is locked, and utilities are on with sufficient heat to protect from freezing. Arrange care for any dependents such as young children, handicapped persons, and pets. Locate and obtain the original will. Determine who is to serve as Executor and contact that person to take part in decisions. ...

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Probate & Avoidance: Weighing the Risks

Probate is the process of opening a decedent’s estate. If a Will is found, it is filed with the County Register of Wills and its instructions must be carefully followed by the named Executor. Where no Will exists, an estate Administrator is selected from the nearest degree of relatives. It is necessary to commence probate when the decedent had assets in his or her own name which are valued at more than $50,000, and in all cases where the decedent held title to real estate. Probate will be done in the county and state where the decedent last legally resided, and...

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Keeping Original Legal Documents Safe: The How and Why

You’ve just left your attorney’s office having signed your estate planning documents. These documents may include a Will, and one or more Durable Powers of Attorney. Your lawyer said to you “Keep these originals in a safe place and don’t lose them.” This sounds easy enough to do, but the lawyer never explained how to keep them safe, or the importance of keeping them safe. This article explores both these questions. The How Any secure place can be used to store original legal documents. The trick is to let a trusted family member know where these documents are stored, and how to...

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