Common Areas of Dispute in Pennsylvania Estate Litigation

When a loved one passes away, the last thing most families expect is a court battle. Unfortunately, disagreements over an estate are more common than many realize. Estate litigation in Pennsylvania often arises when family members, beneficiaries, or creditors cannot agree on how a will or trust should be interpreted or how assets should be distributed.

At The Skeen Firm, we regularly guide clients through these difficult disputes. Understanding the most common issues can help you anticipate potential problems and protect your family’s interests.

1. Will Contests

One of the most frequent disputes in Pennsylvania estate litigation involves challenges to the validity of a will. Common reasons for contesting a will include:

• Lack of capacity – Arguing the decedent was not of sound mind when signing.

• Undue influence – Claiming a beneficiary manipulated the decedent into changing the will.

• Improper execution – If the will does not meet Pennsylvania’s strict formal requirements.

2. Executor Misconduct or Removal

The executor of an estate is responsible for managing assets, paying debts, and distributing property. If beneficiaries believe the executor is mishandling funds, failing to follow the will, or acting in bad faith, litigation may be necessary to remove or replace them.

3. Trust Disputes

Trusts can provide significant protections, but they are not immune from conflict. Disagreements often arise regarding how the trustee manages trust property, makes distributions, or interprets trust language.

4. Disputes Over Non-Probate Assets

Life insurance policies, retirement accounts, and joint accounts often pass outside of probate. Disputes occur if beneficiary designations are unclear, outdated, or suspected to have been changed improperly.

5. Creditor Claims

Creditors may file claims against an estate, and beneficiaries may object if they believe the debts are invalid or inflated. These disputes can significantly delay distribution of assets.

6. Family Business or Real Estate Issues

In Pennsylvania, estates often include family-owned businesses, farms, or real property. Questions about valuation, division, or the right to buy out interests can quickly become contentious.

Protecting Your Family in Estate Disputes

Estate litigation is stressful, time-consuming, and emotionally draining. Having an experienced Pennsylvania estate litigation attorney can make all the difference in protecting your rights and working toward a fair resolution.

At The Skeen Firm, we represent heirs, beneficiaries, executors, and trustees across Pennsylvania. If you are facing an estate dispute, schedule a consultation today to discuss your options.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

The Complete Guide to the Probate Process in West Virginia

At The Skeen Firm, we understand that navigating the probate process after the loss of a loved one can feel overwhelming. Our West Virginia probate attorneys are here to guide you every step of the way with compassionate, efficient, and personalized legal support. This in-depth guide explains each stage of the probate process in West Virginia, offering clarity and confidence to individuals managing estate matters.

Step 1: Filing the Will and Initiating Probate in West Virginia

Probate begins when the deceased’s will is filed with the County Clerk's Office in the county where they resided. If no will exists, the estate is considered intestate, and someone close to the decedent can petition the probate court to serve as the estate administrator.

Our Role: The Skeen Firm assists clients in filing all necessary documents, ensuring legal requirements are met, and providing guidance through the initial steps of the probate court process.

Step 2: Appointment of a Personal Representative in West Virginia Probate

The court appoints a personal representative, either an executor named in the will or an administrator appointed by the court. This individual takes an oath of office and may need to post a fiduciary bond, unless waived by the will.

Our Role: We help executors and administrators understand their legal responsibilities and complete their fiduciary duties with confidence and efficiency.

Step 3: Notification of Heirs, Beneficiaries, and Creditors

The personal representative must notify all heirs and beneficiaries of the estate. Additionally, a notice to creditors must be published in a local newspaper for two consecutive weeks, giving creditors 60 days to file any claims.

Our Role: The Skeen Firm prepares and publishes proper notices, minimizing the risk of future legal disputes and ensuring full compliance with state law.

Step 4: Inventory and Appraisal of the Estate

All assets owned by the deceased must be documented and valued, including:

• Real property

• Vehicles

• Bank accounts

• Investments

• Personal belongings

A formal inventory must be filed with the County Clerk's Office.

Our Role: We help clients gather financial documentation, engage professional appraisers when necessary, and file the required inventory forms.

Step 5: Paying Debts, Taxes, and Expenses

Before assets can be distributed, the estate must pay all outstanding obligations. These may include:

• Funeral expenses

• Credit card bills

• Medical debts

• Income and estate taxes

Our Role: We ensure that debts and taxes are addressed in the proper legal order, safeguarding both the estate and the personal representative from liability.

Step 6: Distributing the Remaining Assets

Once debts are settled, the estate’s remaining assets are distributed either:

• According to the decedent’s will, or

• According to West Virginia intestate succession laws (if no will exists)

Our Role: The Skeen Firm facilitates timely and lawful asset distribution, prepares deeds and other transfer documents, and ensures a smooth transition for beneficiaries.

Step 7: Closing the Estate and Final Accounting

The final step involves:

• Preparing a final accounting of all estate activity

• Filing it with the court

• Requesting the formal discharge of the personal representative

Our Role: We prepare and submit the final accounting, ensuring that the estate is properly closed and all legal duties have been fulfilled.

Special Considerations: Small Estate Procedures in West Virginia

West Virginia provides simplified probate options for estates valued under $100,000. With a Small Estate Affidavit, heirs may bypass the full probate process.

Our Role: We determine whether a small estate procedure applies and assist clients with preparing and filing the necessary affidavits and documentation.

Why Choose The Skeen Firm for Probate in West Virginia?

At The Skeen Firm, our probate and estate administration attorneys provide:

• Personalized legal support tailored to your unique family and estate

• Step-by-step guidance through every phase of the probate process

• Professional document preparation, filing, and court representation

• Clear communication and trusted counsel during a difficult time

Whether you are serving as an executor, administering a loved one’s estate, or have questions about your inheritance rights, we are here to help.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Secure Your Children's Future: An Introduction to Estate Planning for Working Parents

At The Skeen Firm, we understand the importance of securing your family’s future.  So, let’s discuss estate planning for dual-income families with minor children.  Implementing a comprehensive estate plan can help you guarantee that you protect and support your children, no matter what life may bring.  Here, we’ll explain the critical components of an estate plan and how it can safeguard your family’s intellectual capital.

Understanding the Dual Income Family Dynamic

In today’s fast-paced world, many families rely on two incomes to support their lifestyles and secure their children’s future.  As both parents contribute financially, creating an estate plan that addresses your family’s unique circumstances and goals is essential.

The Importance of Estate Planning

Estate planning involves more than just the distribution of assets after your passing.  It can also establish guardianship for your children, designate beneficiaries, and protect your family’s intellectual capital.  By crafting a well-thought-out estate plan, you can control your assets and establish their use to be in the best interest of your children.

Critical Components of an Estate Plan for Parents

Choosing Guardians:  One of the most crucial decisions you’ll make as a parent is selecting guardians for your minor children.  This is the best way to ensure someone you trust is in place to care for your children in case you cannot fulfill your parental duties.

Asset Protection:  Your estate plan should include strategies to protect your assets and ensure their growth over time.  Consider setting up trusts or incorporating specific provisions to preserve your family’s financial well-being.

Life Insurance:  Dual-income families heavily rely on each other’s earnings.  In case of unexpected events, life insurance policies can provide a financial safety net and make sure your children’s needs are met even without the presence of one or both parents.

Education Planning:  Planning for your children’s education is integral to estate planning.  Explore options such as 529 college savings plans or education trusts to reserve funds for their educational pursuits.

Regular Review and Updates

Developing an estate plan is not a one-time task but ongoing.  As your circumstances change, reviewing and updating your plan is vital.  Major life events like the birth of a child, change in employment, or acquisition of new assets should prompt a thorough examination of your estate plan.

You can protect and secure your children’s future by crafting a comprehensive estate plan tailored to your dual-income family. So start planning today, gain peace of mind and safeguard your assets for future generations.

This post is partially AI repurposed from the blog post found first at:  https://www.theskeenfirm.com/blog/2018/10/22/custody-conundrum-both-parents-passed-suddenly-now-what

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Essential Estate Planning - The Legal House Protecting Your Family

Essential Estate Planning: the legal house protecting your family

A house and a sound estate plan have tremendous similarities that do not immediately meet the eye. Both are comprised of a firm foundation to build on, solid walls to protect all sides, and a roof to shelter when the proverbial sky is falling. But a house is a legitimate structure and an estate plan is just a bunch of legal documents with no foundation, walls, or a roof.  What gives? The analogy unfolds below.

Foundation – The Will

Houses are built on a poured or laid foundation if they are truly built to withstand the constant surface shifts.  A foundation supports all of the structural weight of the home. Foundations prevent walls and floors from separating and shifting.  Essentially, they provide a control platform.

Similarly a Last Will and Testament functions as the foundation in an essential estate plan. How so? A Last Will and Testament gives the testator control of how their assets, both real and personal, are distributed after their death and probate process.  (More on the probate in later posts.)  Thoughtful planning with a will provides peace of mind for who retains custody of minor children, who takes the family home, how assets are divided, and other considerations.  It is the foundation of a compressive plan. Essentially a will is a control platform. 

So what happens if someone dies intestate (without a will)? Dying intestate subjects your assets to state distribution statutes.  A more thorough discussion of intestacy is planned for a subsequent post, but in short if you die intestate you lose control of everything you build during your lifetime. 

Walls – Durable Power of Attorney

With a firm foundation laid, the next step in building a house involves framing walls and expanding the home upwards. Walls protect against whatever, in most normal cases, the outside world can throw at a home. They are flexible enough to withstand high winds and other unpredictable weather. Security is a core human need.

A Durable Power of Attorney (POA) in many ways acts as the walls within your estate-plan. Having a POA in place protects and allows your interests to continue as normal should something catastrophic occur without having to go to court for the appointment of a guardian. As your Agent, the person must act and protect your best interest. Like walls on your house, a POA protects against the unpredictable nature of life and adds security.

Roof - Healthcare POA and Living Will

Atop every home is a roof.  Similar to walls, roofs protect against nature’s unpredictability. It also ties the walls together helping to hold them in place. Often out of sight and out of mind a roof provides protection from the proverbial “sky is falling” situations. 

In the simplest of terms, a Healthcare POA and Living Will serve as your last line of defense in crisis situations. Like the POA mentioned above, the Healthcare POA gives your Agent the power to make health care decisions that are in your best interest should you become incapable of doing so for yourself. The caveat with this set of documents is the Living Will portion that sets out specific instructions for how critical medical situations are handled. These combined documents are your last line of defense in any “sky is falling” situation.

Contact The Skeen Firm, at 724-550-6970 or info@theskeenfirm.com, today if you feel like your Estate Planning “house” is not in order. With free consultations and preliminary reviews of existing plans there is no better time than now to secure your family’s future. 

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.