Wills, Estate Planning, Estates, Probate, and Trusts

Mongiovi Law, LLC represents individuals and families in all estate planning and decedent estate needs.  Their personalized representation provides support to families and assists them in navigating complex laws at what can be a challenging time, especially when dealing with the incapacity or death of a loved one.  Our law firm has vast knowledge and experience in this area of the law, and clients can use this information to their benefit.  Michael and John offer services in all aspects of estate administration, including, but not limited to the following:

 

Estate Planning: 

Determining and Preparing what a client needs as far as:

Wills:

  • Discussions regarding potential heirs
  • Simple Wills;
  • Complex Wills;
  • Testamentary Trusts
  • Special Needs Trusts (for heirs with special limitations)
  • Credit Shelter Trust Wills
  • Marital Deduction Trust Wills
  • Disclaimer Wills

Power of Attorney:

  • Durable Power of Attorney
  • Springing Power of Attorney
  • Limited Power of Attorney

Living Wills and Health Care Power of Attorney:

Dealing with limited or total incapacity of a person while individual cannot communicate his or her desires

Trusts:

  • Revocable Living (Inter Vivos) Trusts
  • Irrevocable Trusts:
  • Irrevocable Life Insurance Trusts
  • Assistance in advising how to fund the Trusts
  • Testamentary Trusts
  • Special Needs Trusts
  • Credit Shelter Trust Wills
  • Marital Deduction Trust Wills
  • Disclaimer Wills with or without a Trust
  • Determination of Trustees and Beneficiaries

Non-Probate Assets with Beneficiary Designations:

  • Review of Beneficiary Designations on all life insurance, annuities, all retirement policies, 401(k), and IRA (traditional and ROTH) policies;
  • Review of Default provisions in non-probate asset policies to determine whether to change beneficiaries or create specific language or trust provisions to provide for desired distribution of assets.

Probate and Estate Administration

  • Preparing Executor or Administrator’s petition for probate;
  • Raising Letters Testamentary or Letters of Administration;
  • Renunciations and Multiple Fiduciaries;
  • Intestacy and Partial Intestacy;
  • Determining whether or not an ancillary probate in another jurisdiction is necessary;
  • Determining whether or not probate in another state or country requires ancillary probate in Pennsylvania;
  • Safe Deposit issues;
  • Dealing with joint accounts;
  • Closing all accounts and opening an estate account(s);
  • Making deposits into the estate account and documenting them;
  • Advice Regarding Appraising Real Estate and Personal Property;
  • Sale or Transfer of Property as it relates to a decedent’s Will or Probate Estate;
  • Complying with all Notice requirements;
  • Estimating potential estate taxes in advance for tax prepayment discount;
  • Determining all state and federal inheritance and estate taxes;
  • Timely filing of state and federal personal income tax returns (U.S. 1040 and PA-40);
  • Timely filing of state and federal fiduciary income tax returns (U.S. 1041 and PA-41);
  • Paying any bills in legal priority, especially in partially insolvent estates;
  • Representation in “Will Contests”;
  • Determining whether or not a spouse should “Elect against the Will” and opt for the spousal elective share of the estate;
  • Estate litigation;
  • Preparing a Family Settlement Agreement;
  • Preparation of a Final Accounting for the Estate or Trust;
  • Distributing assets according to the terms of the Last Will & Testament or Family Settlement Agreement;
  • Timing of Estate Assets unto Heirs and Non-Residuary Heirs - Interest Payments may be Required;
  • Meeting all time deadlines;
  • Assisting with Life Insurance Claims, premium and subscription refunds;
  • Navigating Wrongful Death and Survival Action allocations (tax and monetary), court approvals, and distributions to the appropriate beneficiaries - intestate heirs and Will designated heirs, depending on the proportions allocated to each action - Wrongful Death and Survival;
  • All tasks associated with Estate administration and Estate planning.