Avoiding probate litigation over gifts to caregivers
2/4/2016 | Kaplin Stewart Blog
For many in Pennsylvania, close ties to family members have long been severed. This occurs for a number of reasons, but the end result is often a permanent cessation of all contact. In such cases, an individual may wish to leave his or her estate to a caregiver or close friend. In doing so, there are a number of considerations that must be taken to protect the intended heir from lengthy and stressful probate litigation. There are laws in place […]
Proper planning can help avoid probate litigation
11/6/2015 | Kaplin Stewart Blog
Not every Pennsylvania family is in line with the Norman Rockwell-inspired ideal that many people aspire to. In reality, it is probably more common for families to have a blend of different personalities and approaches. While this diversity can create an interesting and entertaining sibling environment, it can also lead to serious contention when one or both parents pass on. The best way to avoid conflict and the potential for probate litigation is to take a proactive stance in regard […]
Proper file storage can avoid probate litigation
6/19/2015 | Kaplin Stewart Blog
When planning one’s estate, most Pennsylvania residents feel certain that their heirs will not fight with one another over the provisions laid out within those documents. This, however, is never a given, and there are many cases in which families fall into contention after a parent or grandparent dies, which often leads to a legal battle. One of the best ways to protect against probate litigation is to properly store all estate planning paperwork, so that one’s wishes are clearly […]
Yes, I am of sound mind, and I come in peace from Alpha Centauri
3/27/2015 | Kaplin Stewart Blog
We have been talking about capacity and estate planning. Pennsylvania law states that a will is valid only if it is executed by a person who is 18 years old and of sound mind. The question we have been trying to answer — and that experts actually admit is unanswerable — is what does a sound mind, aka capacity, look like? In 1975, the movie “Grey Gardens” chronicled the day-to-day life of Edith “Big Edie” and daughter “Little Edie” Beale, […]
Are beauty and capacity in the eye of the beholder?
3/20/2015 | Kaplin Stewart Blog
Ask any baby boomer you meet on the street if he or she is having little memory glitches, and you are likely to get more than a simple “yes.” If your experience is anything like ours, the answer will be, “Yes, and it drives me nuts!” It is frustrating to forget someone’s name mid-sentence, or to lose track of your glasses or your checkbook (remember checkbooks? like credit cards, but bigger), or to blank out on whether the Eagles or […]
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