5074 West Library Avenue
Suite 300
Bethel Park, PA 15102
ph: 412-207-7116
fax: 412-341-2046
mds
Areas of Practice
Our approach to drafting your will focuses on you and fully understanding your wishes for the disposition of your assets, then fashioning a new customized estate plan, tailored to helping you determine how your estate will pass to your heirs.
Many people question the need for simple estate planning documents such as a will, living will, and if necessary, a power of attorney.
If you do not have a will, state law will dictate how your money and possessions will be distributed. Under Pennsylvania law, your spouse may have to share assets with other family members which may be against your wishes. Also, without a will, your minor children may not be placed in the care of a guardian you would have chosen to raise them, and their financial needs may not be met in a manner which you would have preferred.
A living will lets you decide who will make decisions regarding your medical treatment in the event you are unable to do so. If you do not have a living will, and others do not know your wishes about treatment, you may receive treatments that you do not want.
A Durable Power of Attorney allows you to appoint a person of your choosing to act as your agent which remains effective even in the event you become disabled.
Some people choose to draft their own estate planning documents using a kit or computer program rather than having a attorney perform this service.
You should be aware that writing a will, living will, or power of attorney requires professional legal knowledge and experience in order to make sure the documents accomplish your wishes and conform to Pennsylvania law. An improperly drafted document can lead to unnecessary legal costs which far exceed the cost of having the documents properly prepared by an attorney now.
Our legal services in Estate Planning and Administration include: Wills-Living Wills-Power of Attorney-Living trusts and Testamentary trusts, including trusts designed to protect minors and/or pets.
We also offer complete Estate Administration services
Estate administration or probate is necessary when a person dies owning personal property or real estate. In such cases, the property must be administered through an estate by a personal representative appointed in a will or chosen by the Register of Wills in cases where there is no will. Estate administration procedures are difficult to follow for a personal representative who is not an attorney. We work directly with the personal representative in order to comply with all legal requirements including collection of assets, satisfying debts, expenses, transferring real estate, tax return preparation, filing of court documents, and distributing property to heirs and beneficiaries.
Legal fees associated with estate administration, in addition to court costs and taxes can be arranged on a percentage or hourly basis and are generally paid from the assets of the estate.
A living trust is a legal entity operative during your lifetime to which your assets can be transferred and managed by a person of your choosing, including yourself, or a corporation (such as a bank or trust company) called a trustee. The trustee manages your assets in accordance with written instructions contained in the trust document, which can be revocable or irrevocable, depending on your needs and wishes. Living trusts are often sold in estate planning packages as substitutes for wills. People are often told that the costs of probate exceed the costs associated with creating and administering property through a living trust and that the procedures for trust administration are much more simple. Usually, this information is purely promotional and does not reflect the realities of the procedures and costs associated with the Pennsylvania probate process. You should be wary of any high pressure solicitation regarding the need for a trust. The only way to know for sure if a living trust is right for you is to consult an experienced attorney.
A testamentary trust is a trust which is created within your will and takes effect after death. This type of trust is often used to protect assets from distribution to minor children until the child reaches a specified age.
Our clients often inquire about making provisions for pets in estate planning. Many make significant financial investments in the care and welfare of their pets. The importance of including pets in estate planning should not be underestimated. If you have a pet which you think may survive you, creating a trust or other provision in your will to protect your pet may be worth considering. Recent developments in Pennsylvania law have made pet trusts enforceable.
There are many other types of trusts which can be considered to suit your individual estate planning needs.
Getting started with buying or selling a home can be overwhelming. Our clients often contact us after first meeting with a real estate agent or "broker". The agent or broker has often already given "legal" advice and has presented a contract or other legal document for signature. You should be aware that agents and brokers are salespeople who generally work on commission and tend to be in a hurry to "close" in order to get paid. This approach may not be in your best interest. In our experience, many agents, brokers, and even some lenders who are anxious to "close the deal" ignore the need for a proper title search and are reluctant to allow adequate time to clear or address any identified liens or encumbrances with the title to the property. In most cases, as a buyer, you will be required to purchase title insurance. Yes, obtaining title insurance slows down the process by a week or two. However, the process of properly searching the title and obtaining a title insurance policy through a reputable title insurance company can save you from years of aggravation over resolving a title issue after the sale that a proper search would have disclosed to you. As our client, we will work with you through all phases of the real estate transaction, whether you are buying or selling, in order to ensure that you receive honest and objective advice, and you are comfortable with the transaction. Remember, agents and brokers are not trained attorneys and cannot review and explain documents and guide you through the process as your attorney can.
Our real estate services include representation of buyers and sellers in all phases of the real estate transaction including:
Preparation of Agreements of Sale, Deeds, and all other documents in connection with closing
Title examination and Title insurance
Closing services including notary and recording
Copyright 2009 Law Offices of Michael D. Seymour. All rights reserved.
5074 West Library Avenue
Suite 300
Bethel Park, PA 15102
ph: 412-207-7116
fax: 412-341-2046
mds