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Ardmore Pa Living Wills Lawyers

ardmore-pa-probate-attorneys-lawyers-living-wills-attorneys-lawyers

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  • Ardmore Pa Living Wills Lawyers
  • About Ardmore Pa Probate Lawyers – Review
    • About Ardmore Pa Probate Lawyers – Review – Areas
    • About Ardmore Pa Probate Lawyers – Review – Testimonials
    • About Ardmore Pa Probate Lawyers – Review – Accolades
    • About Ardmore Pa Probate Lawyers – Review – Curriculum Vitae
  • Ardmore Pa Beneficiary Lawyers
  • Ardmore Pa Estate Administration Lawyers
  • Ardmore Pa Estate Lawyers
  • Ardmore Pa Estate Litigation Lawyers
  • Ardmore Pa Estate Planning Lawyers
    • Ardmore Pa Powers of Attorney Lawyers
    • Ardmore Pa Living Wills Lawyers
    • Ardmore Pa Trusts Lawyers
    • Ardmore Pa Last Wills Lawyers
  • Ardmore Pa Last Wills Contest Lawyers
  • Ardmore Pa Estate Litigation Lawyers
  • Ardmore Pa Estate Taxation Lawyers
  • Ardmore Pa Guardianships Lawyers
  • Ardmore Pa Probate Law Lawyers
  • Ardmore Pa Attorneys Probate Wills Guide

Ardmore Pa Living Wills Lawyers

An Advance Directive for Health Care (“Pa Living Will”) can grant your boss (Surrogate) the ability to execute your end of life decisions and decide whether life-sustaining measures should be used.

With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Agent) should also be levelheaded and familiar with your affairs.

The common misconception of this document is when it will become operative.

There are two triggers that must occur before your Surrogate is even given the option of acting:

  • the first is that you must be unable to communicate your own decisions, and
  • the second is that you must have been diagnosed with a terminal condition or as being permanently unconscious.

About Ardmore Pa Probate Lawyers – Review

The best gift you can give your loved ones is to have your Estate Planning complete. Unfortunately, to a great extent, misinformation about critical terms such as Pa Inheritance Tax, Federal Estate tax, Pa Probate, avoiding probate, simple will, Pa Living Will, and Pa Living Trust, tends to lead to misunderstandings of estate planning.

About Ardmore Pa Probate Lawyers – Review – Areas

He concentrates his three decade career in the legal areas Pa Probate,Pa Estate Planning including Pa Last Wills, Pa Powers of Attorney, Pa Living Wills), Pa Estate Administration, Pa Estate Taxation, Pa Estate Litigation, Pa Beneficiary Representation, and Pa Guardianships.

About Ardmore Pa Probate Lawyers – Review – Testimonials

Mr. Whalen has over 3,967 LinkedIn Profile Followers. 99 LinkedIn Peer Endorsements. 27 Avvo Peer Endorsements. 24 Martindale Peer Reviews. 12 Lawyers Client Reviews. 68 Avvo Client Reviews – over 5,000 Reviews

About Ardmore Pa Probate Lawyers – Review – Accolades

Mr. Whalen has achieved the AV Peer Review Rated Preeminentaward from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates, from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

He has also been named as an Awesome Attorney in the field of Estate Planning Law (by the Suburban Life Magazine of the Philadelphia suburbs) for the years 2010 through 2018, and was Editor-in-Chief of the Delaware Law Forum at Widener School of Law.

About Ardmore Pa Probate Lawyers – Review – Curriculum Vitae

Mr. Whalen is a frequent speaker and writer on the areas of Probate, Wills, Trusts, Estates. He has spoken for the Pennsylvania Bar Institute, spoken at the Widener University Osher Lifelong Learning Institute, and spoken at the Delaware County Estate Planning Council. He has also had his legal articles published by the Pennsylvania Bar Institute, the Pennsylvania Law Weekly, the Philadelphia Business Journal, and the Martindale.Com website. He has had his law blogs published on the Lawyers.Com website.

Mr. Whalen is a member of the Pennsylvania Supreme Court and the United States Federal Court for the Eastern District of Pennsylvania. He is past president of the Delaware County Estate Planning Council, a past Internship Instructor of Conestoga High School, and Villanova University School of Law. He is a past member of the Chester County Estate Planning Council and a past President of the Chesterbrook Picket Post Condominium Association.

Ardmore Pa Beneficiary Lawyers

There are many factors that can affect the distribution of estate assets. In some cases, there may be a Pa Will that identifies you as a beneficiary; in other cases, there may not be a will at all. In still other cases, there may be a dispute involving the administration of the estate. For example, a beneficiary may disagree with how the executor or personal representative is distributing assets.

Ardmore Pa Estate Administration Lawyers

Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.

Ardmore Pa Estate Lawyers

Pa Estate law comprises many areas of law. However, all of these areas of law focus on taking care of one’s person and property. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. A Pa Estate is anything that makes up a person’s net worth. Very simply, an estate is what a person has in their own name alone.

Ardmore Pa Estate Litigation Lawyers

Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

Ardmore Pa Estate Planning Lawyers

An attorney who specializes in Pa Estate Planning can help you create a complete plan (including Pa Last Wills, Pa Powers of Attorney, and Pa Living Wills, etc.) to protect your spouse and children if you become unable to manage your financial affairs. Pa Estate Planning allows you to make decisions now so your wishes can be carried out if you die or become incapacitated.

Ardmore Pa Powers of Attorney Lawyers

When you execute a legal document called a power of attorney, you are authorizing another individual to make certain decisions on your behalf. The person who signs the document is called the principal and the person who is authorized to make decisions is known as the agent or attorney-in-fact.

Ardmore Pa Living Wills Lawyers

Living wills are also referred to as an advance directive or a health care directive. It is a legal document that communicates your desire in the treatment of serious medical problems in the event that you are unable to speak for yourself. They do not go into effect unless you are incapacitated and unable to express yourself. Having a living will can relieve your close relatives from the burden of having to make the decision about whether to remove you from life support.

Ardmore Pa Trusts Lawyers

Trusts are legal documents that allow you to control how your assets will be allocated or managed. You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee. Individuals who receive money or other assets are the beneficiaries.

Property placed in a trust, unlike wills, is not subject to probate. You can also create a revocable trust which can be canceled or revoked at any time while you are alive. Trusts can be set up for a child’s education or to reduce estate taxes.

Ardmore Pa Last Wills Lawyers

A Will is an important document to execute in order to avoid disputes about how your assets will be divided when you die. The executor who administers the distribution of assets from your estate will allocate your possessions as you specified. You should periodically review your Will to make sure it is still relevant and accurate. Life changing events, such as the birth of a child or a marriage, may require amendments to the original document.

Ardmore Pa Last Wills Contest Lawyers

A loved one’s legacy can ease the pain of loss by reminding heirs of a departed family member’s enduring love. But when questions arise about the validity of a will or the management of estate assets, uncertainty can arouse animosity and prevent closure.

Ardmore Pa Estate Litigation Lawyers

Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

Ardmore Pa Estate Taxation Lawyers

When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records. Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.

Ardmore Pa Guardianships Lawyers

The Pa Guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. For the past twenty-five (25) years, Attorney Whalen has built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

Ardmore Pa Probate Law Lawyers

The Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.


Ardmore Pa Attorneys Probate Wills Guide

The Ardmore Pa Attorneys Probate Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on various topics.


John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-407-0220. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.

Filed Under: Ardmore Pa Estates Planning Tagged With: Ardmore Pa Living Wills, Ardmore Pa Surrogates

Ardmore Pa Last Wills Contests Lawyers

ardmore-pa-last-wills-contests-attorneys-lawyers

Click Link To Scroll To Topic

  • Ardmore Pa Last Wills Contests Lawyers
  • Challenges To The Validity Of A Last Will
  • Breach Of Fiduciary Duty In Estate Settlement and Trust Management
  • Don’t Expect Success If You Handle Objections Yourself
  • Contact an established trust and estate litigation lawyer in Pennsylvania
  • About Ardmore Pa Probate Lawyers – Review
  • About Ardmore Pa Probate Lawyers – Review – Areas
  • About Ardmore Pa Probate Lawyers – Review – Testimonials
  • About Ardmore Pa Probate Lawyers – Review – Accolades
  • About Ardmore Pa Probate Lawyers – Review – Curriculum Vitae
  • Ardmore Pa Beneficiary Lawyers
  • Ardmore Pa Estate Administration Lawyers
  • Ardmore Pa Estate Lawyers
  • Ardmore Pa Estate Litigation Lawyers
  • Ardmore Pa Estate Planning Lawyers
    • Ardmore Pa Powers of Attorney Lawyers
    • Ardmore Pa Living Wills Lawyers
    • Ardmore Pa Trusts Lawyers
    • Ardmore Pa Last Wills Lawyers
  • Ardmore Pa Last Wills Contest Lawyers
  • Ardmore Pa Estate Litigation Lawyers
  • Ardmore Pa Estate Taxation Lawyers
  • Ardmore Pa Guardianships Lawyers
  • Ardmore Pa Probate Law Lawyers
  • Ardmore Pa Attorneys Probate Wills Guide

Ardmore Pa Last Wills Contests Lawyers

A loved one’s legacy can ease the pain of loss by reminding heirs of a departed family member’s enduring love.

But when questions arise about the validity of a will or the management of estate assets, uncertainty can arouse animosity and prevent closure.

If you, as a beneficiary, suspect that a will does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court. Similarly, if you believe an executor, trustee or estate administrator is mismanaging estate assets, you have standing to raise that issue.

On the other hand, an executor or estate administrator is entitled to a vigorous defense against accusations of incompetence or unlawful conduct.

I provide highly professional representation for aggrieved beneficiaries and accused fiduciaries in estate disputes.

Challenges To The Validity Of A Last Will

There are several bases for challenging a Pa Last. These include:

  • Lack of capacity — This ground alleges that the testator was not of sound mind at the time the will or trust was executed.
  • Undue influence — Documents might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will.
  • Fraud — This ground alleges the testator was deceived about the contents of the document at the time of execution.
  • Void for vagueness — This ground asserts that the terms of a will are open to conflicting interpretations and it is impossible to know which interpretation is correct. A challenger can prevent part or all of the will from being implemented.

Many probate disputes stem from suspicions that a particular individual took advantage of the declining health or dementia of the deceased to insinuate himself into the will to the detriment of the rightful heirs.

The court looks very harshly on this type of elder exploitation.

However, it is important to note that disappointment is not grounds for an heir to challenge a will.

All challenges must be supported by reliable evidence.

Breach Of Fiduciary Duty In Estate Settlement and Trust Management

The executor of a will or the administrator of an intestate estate is a fiduciary with a legal duty to manage estate assets according to the testator’s wishes and for the benefit of the beneficiaries. The fiduciary must perform at a professional standard so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge deliberate or negligent misconduct and demand a full accounting. I have vast experience on both sides of trust and estate controversies. I have close associations with forensic accountants who can render accurate assessments of asset management and help us assemble evidence to prove or rebut allegations.

Don’t Expect Success If You Handle Objections Yourself

Many people hesitate to hire an attorney because they wish to keep a family dispute within the family.

However, the court may treat your suspicions lightly if you raise them without a professional presentation and a firm basis in the law that an attorney can provide.

Moreover, a seasoned attorney who has been through such negotiations before is likely to produce a settlement that satisfies all parties and allows the proceedings to move forward at less cost to the estate.

Contact an established trust and estate litigation lawyer in Pennsylvania

Conflicts among beneficiaries or between beneficiaries and fiduciaries can be very destructive without experienced and knowledgeable legal counsel. John B. Whalen, Jr. Esq. provides capable representation for beneficiaries and fiduciaries throughout Pennsylvania. Call today or contact me to schedule a consultation.

About Ardmore Pa Probate Lawyers – Review

The best gift you can give your loved ones is to have your Estate Planning complete. Unfortunately, to a great extent, misinformation about critical terms such as Pa Inheritance Tax, Federal Estate tax, Pa Probate, avoiding probate, simple will, Pa Living Will, and Pa Living Trust, tends to lead to misunderstandings of estate planning.

About Ardmore Pa Probate Lawyers – Review – Areas

He concentrates his three decade career in the legal areas Pa Probate,Pa Estate Planning including Pa Last Wills, Pa Powers of Attorney, Pa Living Wills), Pa Estate Administration, Pa Estate Taxation, Pa Estate Litigation, Pa Beneficiary Representation, and Pa Guardianships.

About Ardmore Pa Probate Lawyers – Review – Testimonials

Mr. Whalen has over 3,967 LinkedIn Profile Followers. 99 LinkedIn Peer Endorsements. 27 Avvo Peer Endorsements. 24 Martindale Peer Reviews. 12 Lawyers Client Reviews. 68 Avvo Client Reviews – over 5,000 Reviews

About Ardmore Pa Probate Lawyers – Review – Accolades

Mr. Whalen has achieved the AV Peer Review Rated Preeminentaward from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates, from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

He has also been named as an Awesome Attorney in the field of Estate Planning Law (by the Suburban Life Magazine of the Philadelphia suburbs) for the years 2010 through 2018, and was Editor-in-Chief of the Delaware Law Forum at Widener School of Law.

About Ardmore Pa Probate Lawyers – Review – Curriculum Vitae

Mr. Whalen is a frequent speaker and writer on the areas of Probate, Wills, Trusts, Estates. He has spoken for the Pennsylvania Bar Institute, spoken at the Widener University Osher Lifelong Learning Institute, and spoken at the Delaware County Estate Planning Council. He has also had his legal articles published by the Pennsylvania Bar Institute, the Pennsylvania Law Weekly, the Philadelphia Business Journal, and the Martindale.Com website. He has had his law blogs published on the Lawyers.Com website.

Mr. Whalen is a member of the Pennsylvania Supreme Court and the United States Federal Court for the Eastern District of Pennsylvania. He is past president of the Delaware County Estate Planning Council, a past Internship Instructor of Conestoga High School, and Villanova University School of Law. He is a past member of the Chester County Estate Planning Council and a past President of the Chesterbrook Picket Post Condominium Association.

Ardmore Pa Beneficiary Lawyers

There are many factors that can affect the distribution of estate assets. In some cases, there may be a Pa Will that identifies you as a beneficiary; in other cases, there may not be a will at all. In still other cases, there may be a dispute involving the administration of the estate. For example, a beneficiary may disagree with how the executor or personal representative is distributing assets.

Ardmore Pa Estate Administration Lawyers

Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.

Ardmore Pa Estate Lawyers

Pa Estate law comprises many areas of law. However, all of these areas of law focus on taking care of one’s person and property. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. A Pa Estate is anything that makes up a person’s net worth. Very simply, an estate is what a person has in their own name alone.

Ardmore Pa Estate Litigation Lawyers

Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

Ardmore Pa Estate Planning Lawyers

An attorney who specializes in Pa Estate Planning can help you create a complete plan (including Pa Last Wills, Pa Powers of Attorney, and Pa Living Wills, etc.) to protect your spouse and children if you become unable to manage your financial affairs. Pa Estate Planning allows you to make decisions now so your wishes can be carried out if you die or become incapacitated.

Ardmore Pa Powers of Attorney Lawyers

When you execute a legal document called a power of attorney, you are authorizing another individual to make certain decisions on your behalf. The person who signs the document is called the principal and the person who is authorized to make decisions is known as the agent or attorney-in-fact.

Ardmore Pa Living Wills Lawyers

Living wills are also referred to as an advance directive or a health care directive. It is a legal document that communicates your desire in the treatment of serious medical problems in the event that you are unable to speak for yourself. They do not go into effect unless you are incapacitated and unable to express yourself. Having a living will can relieve your close relatives from the burden of having to make the decision about whether to remove you from life support.

Ardmore Pa Trusts Lawyers

Trusts are legal documents that allow you to control how your assets will be allocated or managed. You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee. Individuals who receive money or other assets are the beneficiaries.

Property placed in a trust, unlike wills, is not subject to probate. You can also create a revocable trust which can be canceled or revoked at any time while you are alive. Trusts can be set up for a child’s education or to reduce estate taxes.

Ardmore Pa Last Wills Lawyers

A Will is an important document to execute in order to avoid disputes about how your assets will be divided when you die. The executor who administers the distribution of assets from your estate will allocate your possessions as you specified. You should periodically review your Will to make sure it is still relevant and accurate. Life changing events, such as the birth of a child or a marriage, may require amendments to the original document.

Ardmore Pa Last Wills Contest Lawyers

A loved one’s legacy can ease the pain of loss by reminding heirs of a departed family member’s enduring love. But when questions arise about the validity of a will or the management of estate assets, uncertainty can arouse animosity and prevent closure.

Ardmore Pa Estate Litigation Lawyers

Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

Ardmore Pa Estate Taxation Lawyers

When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records. Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.

Ardmore Pa Guardianships Lawyers

The Pa Guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. For the past twenty-five (25) years, Attorney Whalen has built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

Ardmore Pa Probate Law Lawyers

The Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.


Ardmore Pa Attorneys Probate Wills Guide

The Ardmore Pa Attorneys Probate Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on various topics.


John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-407-0220. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.

Filed Under: Ardmore Pa Estates Litigation Tagged With: Ardmore Pa Last Wills

Ardmore Pa Last Wills Lawyers

ardmore-pa-last-wills-attorneys-lawyers

Ardmore Pa Last Wills Lawyers

A Pa Last Will can grant your boss (Pa Executor) the ability to administer your Estate.

With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Pa Executor) should also be

  • honest
  • diplomatic.

The most common misconception that surrounds a Will is the process called probate and the seemingly universal theme that it should be avoided at all costs.

Again, and virtually to the contrary, the word probate is merely the Latin infinitive verb that means to prove, and, although some states do have onerous probate procedures (where the avoidance of probate may be a prudent strategy), Pennsylvania is not one of those states.

In fact, probating a Will in Pennsylvania is very simple.

Also very important is the fact that a Will only disposes of the assets (1) that you own in your individual name alone and (2) that possess no beneficiary designations (i.e., no tags).

Consequently, items owned jointly with another are controlled by property law (not Will law) and will pass to the joint owner(s) at your death, and items that have beneficiary designations will be controlled by contract law (not Will law) and pass to the designated beneficiaries at your death.

Filed Under: Ardmore Pa Estates Planning Tagged With: Ardmore Pa Executors, Ardmore Pa Last Wills

Ardmore Pa Guardianships Lawyers

ardmore-pa-guardianships-attorneys-lawyers

Click Link To Scroll To Topic

  • Ardmore Pa Guardianships Lawyers
  • Complex Considerations
  • Compassionate Legal Care
  • Pa Guardianships – Limitations

Ardmore Pa Guardianships Lawyers

Pa Guardianship is a legal situation granted by the court to appoint an individual to assist and protect the legal rights of someone who is physically or mentally unable to care for his or her own needs.

Once appointed, the guardian is legally bound to act in the individual’s best interests. Guardians can be given specific authorities, such as the authority to handle the financial and legal affairs of the individual, or they may be granted larger authority, depending on the needs of the individual.

Setting up a legal guardianship can sometimes get complex, especially if other family members are not in agreement as to who the guardian should be. That is why the assistance of a Pennsylvania guardianship attorney is so valuable. Attorney John Whalen has been serving the people of Pennsylvania for over 20 years, and brings compassion and knowledge to the guardianship process.

Complex Considerations

In a guardianship case, the interests of many parties need to be considered.

First and foremost are the interests of the individual who needs guardianship.

The guardian needs to be someone who will protect the interests and safety of the individual who needs help.

When working on guardianship cases, I ensure that everyone’s best interests, including the individual who needs help the most, are protected and considered.

Yet that’s just one aspect of a guardianship case. Sometimes the children or loved ones of the individual are not in agreement about who should be the guardian. In other cases, the individual who needs support may not be willing to accept it, and the case may need to go to court to prove that guardianship is required. Handling these cases requires skill and understanding, and that is exactly what Attorney Whalen offers.

Compassionate Legal Care

The guardianship process can be filled with emotions.

Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. That’s why you need an attorney who offers legal services with compassion.

For the past three decades, I have built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

If you or someone you love needs the help of a legal guardian, I am ready to help.

Schedule a free initial consultation to discuss your concerns and questions, and get started on the guardianship process.

Pa Guardianships – Limitations

No Pa Guardian possesses the following powers, unless they are specifically and expressly authorized by the court:

  1. to consent to an abortion, sterilization, psychosurgery, electroconvulsive therapy or removal of a healthy body organ;
  2. to prohibit marriage or consent to divorce; or
  3. to consent to any experimental biomedical or behavioral medical procedure or be part of any biomedical or behavioral experiment.

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-407-0220. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.

Filed Under: Ardmore Pa Estates Litigation Tagged With: Ardmore Pa Guardians

Ardmore Pa Estate Taxation Lawyers

ardmore-pa-estate-taxation-attorneys-lawyers

Click Link To Scroll To Topic

  • Ardmore Pa Estate Taxation Lawyers
  • Interests Served
  • Approved Fiduciary Accountings
  • Fiduciary Tax Returns – Form 1041
  • Closing Out a Fiduciary Relationship

Ardmore Pa Estate Taxation Lawyers

When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records.

Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.

Interests Served

There can be a number of interested parties who may want to examine the financial records and approved fiduciary accountings. They are entitled to receive copies of all the materials such as profit and loss statements, expense reports and tax returns. You may request documentation if you are:

  • a beneficiary of an estate or trust
  • a principal of an agent acting on your behalf
  • a minor whose care is being administered through a third party fiduciary agent
  • the court who must evaluate financial matters in relation to a trust or estate

Approved Fiduciary Accountings

Certain procedures must be followed when reports are prepared to explain how the assets in an estate or trust were managed. Approved fiduciary accountings require the separation of principal and interest. You can not commingle funds that are considered principal with those that are considered income.

  • Principal = original investment + capital gains – capital losses – expenses – distributions
  • Income = money generated from the investment or use of principal

The main reason for keeping principal and income in separate accounts is that the beneficiaries of income in a trust or estate may be different than the beneficiaries of the principal in the same estate or trust.

Fiduciary Tax Returns – Form 1041

A trust or an estate is considered a separate legal entity from an individual who may be a beneficiary of that trust or estate. Therefore, it is incumbent upon the fiduciary administering the estate or trust to file a federal tax return under certain conditions.

The IRS requires a trust to file a tax return if it has any taxable income or has gross income of at least $600, regardless of whether it is taxable or not. Estates must file Form 1041 if they have gross income of $600 or more. A fiduciary must also file a return if any of the beneficiaries of the estate or trust is a non-resident alien.

Form 1041 is similar to the 1040 return used by individuals. The form is designed so estates and trusts can report income, deductions, gains, losses and any other pertinent financial information. Before funds or assets can be distributed, any tax liabilities of the estate or trust must be satisfied.

Closing Out a Fiduciary Relationship

Once all of the assets of an estate or trust have been distributed or otherwise settled, it is customary that the fiduciary is released from further responsibility. That may be done by signing a release form through the court or an agreement with the beneficiaries of the estate or trust.

Dealing with estate taxation can be complex. Estate taxation attorney John B. Whalen, Jr., provides guidance to his clients when dealing with these complicated issues.

Filed Under: Ardmore Pa Estates Taxation Tagged With: Ardmore Pa Agents, Ardmore Pa Executors, Ardmore Pa Trustees

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    John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is featured on Martindale.com, Nolo.com, Avvo.com, Lawyers.com, Justia.com, Lawyers of Distinction, and Linkedin. He has amassed over 60 prestigious professional awards and over 5000 client reviews and endorsements. He provides free initial consultations all seven days, provides home visits, a provides flat fee client structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-407-0220. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. His main office is located at 1199 Heyward Road Wayne Pa 19087. Mr. Whalen serves, and has served, both individuals and attorneys in the Southeastern Pennsylvania Metropolitan Area (and throughout the country), including Chester County Pa, Delaware County Pa, Lancaster County Pa, Montgomery County Pa, and Philadelphia County Pa. He has served clients in Ambler Pa, in Ardmore Pa, in Aston Pa, in Berwyn Pa, in Blue Bell Pa, in Bridgeport Pa, in Broomall Pa, in Bryn Mawr Pa, in Chadds Ford Pa, in Chesterbrook Pa, in Chester Heights Pa, in Chester Springs Pa, in Coatesville Pa, in Collegeville Pa, in Conshohocken Pa, in Devon Pa, in Downingtown Pa, in Drexel Hill Pa, in Eagleville Pa, in Easttown Pa, in Elkins Park Pa, in Exton Pa, in Frazer Pa, in Great Valley Pa, in Haverford Pa, in Havertown Pa, in Jeffersonville Pa, in Kennett Square Pa, in King of Prussia Pa, in Lansdale Pa, in Limerick Pa, in Linfield Pa, in Linwood Pa, in Lower Merion Pa, in Malvern Pa, in Media Pa, in Narberth Pa, in Newtown Square Pa, in Norristown Pa, in Oaks Pa, in Overbrook Pa, in Paoli Pa, in Parkesburg Pa, in Phoenixville Pa, in Plymouth Meeting Pa, in Pottstown Pa, in Radnor Pa, in Ridley Park Pa, in Rosemont Pa, in St. Davids Pa, in Springfield Pa, in Strafford Pa, in Swarthmore Pa, in Thorndale Pa, in Tredyffrin Pa, in Trooper Pa, in Upper Merion Pa, in Valley Forge Pa, in Villanova Pa, in Wayne Pa, in West Chester Pa, in Westtown Pa, in Whitemarsh Pa, in Willistown Pa, in Wynnewood Pa, and in Yeadon Pa.