Archives for Steve

What is Probate of a Decedent’s Will ?

Probate and Estate Administration

Making Estate Administration and Probate Simple

I can help you deal with probate of a will in a decedent’s estate. Handling the affairs of someone who has dies is not  an easy process. I can take you through the steps necessary to have a will officially recognized. Next, I will assist in the distribution of the estate assets and work out disagreements between the parties in interest. If issues arise during the estate or probate process, you need an experienced estate administration and probate attorney to help you get through this difficult time. The Wilkes-Barre, PA Law Office of C. Stephen Gurdin, Jr. has the experience you need and the skills necessary to succeed in having a favorable outcome.

I work with clients to resolve all issues in dealing with estate matter and probate.
I have a strong understanding of these practice areas, an extensive track record of success in estate and probate cases, and a clear understanding of what you are going through. Let me help you get through this process as easily as possible.

What is Probate?

Probate is the process that encompasses the steps in the establishment of a will’s validity. It is also known as the admittance of a will, so that a will may be administered in a court proceeding. The term “probate” can also be used to refer to an estate’s administration subject to a court’s jurisdiction. The court must determine whether or not the deceased had a properly legal will in order to begin transferring the assets to the beneficiaries.
In order to begin the process of estate administration, the probate process has to happen first. Should any issues come up, I can help straighten out the following:
· Probate litigation
· Personal representative (executor) malfeasance
· Guardianship litigation
· Will contests
· Trustee malfeasance
· Trust litigation
· Undue influence in the creation of a will or trust

The help of an experienced Wilkes-Barre estate lawyer can provide families facing the frustration and anxiety of loss help to execute the estate plan of their loved one or oversee the distribution of their estate. Having Attorney Gurdin by your side can ensure that things will be taken care of in an efficient, and timely, manner.
To make sure that you are protected, it is crucial that you contact skilled and experienced Attorney C. Stephen Gurdin Jr. a Pennsylvania Estate Planning lawyer.

Call Attorney C. Stephen Gurdin Jr. at his Gurdin Law Wilkes-Barre Scranton Pennsylvania area office today, 570.826.0481 toll free 1.800.221.0618.email Stephen@gurdinlaw.com to schedule a free consultation
Regular Office hours 2:30 and 7 p.m. Monday through Friday by appointment. Earlier appointments available upon request

Bankruptcy-benefits-get your credit back

Bankruptcy-benefits

Considering bankruptcy? you have a lot on your mind. Let me help you start fresh. I can show you the bankruptcy-benefits.

I will evaluate your case, determine if you are eligible for bankruptcy, and tell you what type of bankruptcy you need. Then I will file it for you. Creditors will to stop calling. I will work to quickly stop put repossession of your belongings and the foreclosure of your home. I will work with you and your loan agents to put together a sensible, and doable, repayment plan. When all this is done you can begin the process of rebuilding credit.

http://www.pamb.uscourts.gov/

Bankruptcy will take the pressure off

Once we start working together the pressure is off. My years of experience have shown me that the bankruptcy benefits created by the process of filing for relief from debt is an important step you and your family to get control of your financial situation. I can bankruptcy-benefits, reorganize your debts and teach you how to avoid common pitfalls in the future.

http://www.uscourts.gov/about-federal-courts/types-cases/bankruptcy-cases

Let me help you begin again by filing for bankruptcy.

I will work with you to Get Your Financial Health Back. Remember what it was to be debt and worry free? When you slept at night? By working with the skilled bankruptcy attorney C. Stephen Gurdin, you can take back control of your financial life.

Call bankruptcy lawyer C. Stephen Gurdin Jr. at his Wilkes-Barre office today at 570.826.0481, toll free at 800-221-0618, fax 570-822-7780, email Stephen@gurdinlaw.com to schedule a free consultation.
Regular Office hours 2:30 and 7 p.m. Monday through Friday by appointment. Earlier appointments available upon request
Don’t hesitate to put your mind at ease with his help, call today.

Operating a business as a sole proprietor

Operating as a Proprietor

Operating as a proprietor you own your business assets and personally operate your business. You are treated as one with the business for tax purposes. A sole proprietor is personally liable for the contracts and activities of the business. Your personal and your business assets are exposed to all personal and business liabilities. If you are married, you and all personal and business assets are responsible for all claims arising upon dissolution of your marriage.

Proprietorship Formalities

You do not have to observe any formalities other than licensure, if any, imposed by governmental entities, and registration 
for the use of a fictitious name. There are no reporting requirements except for tax returns.

Proprietorship Ownership

Ownership is not separated from control. You have no limitation from liability for both contracts and your actions. The result of all of this is that if you transfer all or a portion of your business the buyer will inherit your liabilities. This will raise concerns as to the continued operation of the business by the buyer.

Selling your proprietorship business

Often the buyer will want to continue the business in the same location and under the same name. Therefore, the concern for all of this liability will be reflected in the price and in the advisability of purchasing the business. If you sell this form of business the buyer will get business assets that are subject to the claims of your spouse or a former spouse for equitable distribution the sale of This is particularly true where the business is continued in the samename at the same location and where the name of the business includes the name of the proprietor. The business assets sold may be subject to the claims of a spouse or former spouse upon a claim for equitable distribution of marital property which may survive the dissolution of a marriage

Financing your proprietorship business

If you finance this form of business, you will have to use all of the your personal as well 
as your business assets. This includes your home, your hunting cabin, your Harley and your condo.
if the business fails you loose all of these assets.

Taxation of your business

All profits are taxed whether they are held for use in the business or used for its operations. 

Bringing another person into your business

If you bring another person into the business the business becomes a partnership. 
This occurs even if no formal partnership agreement is ever spoken or written. 
All of the consequences of partnership then apply. This applies whether the person
 is a member of the family or a complete stranger.

For all of these reasons, frequently a business is started as a sole proprietorship, and later morphs into another form.
If you are operating a business, the assistance of a skilled professional can help you protect what you have while maximizing your success. Call me at 570-826-0481 or at 800-221-0618(in Pennsylvania only).
I can help!

Bankruptcy is it right for you ?

 

Filing for Bankruptcy is not right for everyone.  It provides relief from debt. If you struggle every day with mounting debt, find out if bankruptcy can provide you with the relief you deserve. Start with a knowledgeable lawyer on your side. This lawyer  can help you decide if bankruptcy is right for you. First you must qualify. If you do, you could be debt free in as little as three months. Further, if you can provide the required information, we can usually have a consumer cased filed in three business days for less than your interest only payments on your credit cards.

   Bankruptcy is a way out

So many people are hard hit by the economic recession. For these people debt relief is one of the only ways they can stay financially afloat. While, for some people, it possesses a negative stigma, more people are seeing it as a positive process. Bankruptcy allows them to start over. By doing the bankruptcy they learn to better manage their finances in future.

          After Bankruptcy you can get credit

People who who complete their bankruptcy have little or no debt. They frequently have access to low-limit credit s shortly after their debts are discharged. In two years they are eligible for a residential mortgage loan.

   Bankruptcy is also a way back

Most people or individuals who are suffering from too little money and too many bills find that they qualify for Chapter 7.

Chapter 7 is preferred for individuals or families who need to begin the process of liquidating assets. Firstly, they do this in order to pay back accumulated debt. Secondly, the it allows for certain protections. Some of these protections are exemptions. These exemptions allow debtors to keep important things like a house and car. The exempt properties are kept from becoming part of the liquidation of assets in the bankruptcy. In Pennsylvania, we have of choice of either State or Federal exemptions. Both are extremely generous. Most debtors can keep their major assets and erase most of there debt, such as credit cards, health care bills and utility bills.

               Most bankruptcies are no asset cases: the debtor keeps most of their property

Most bankruptcies that are filed are “no asset” cases. This means the debtor who filed possesses no substantial assets that can be taken by the creditors.  Attorney Gurdin can help you determine what to exempt in your bankruptcy filing so that you can keep the possessions you hold dear when you file for bankruptcy.

At the Law Office of C. Stephen Gurdin, he has helped countless people struggling with debt, just like you. Working closely with you throughout the process, he will teach you your rights and all of your options, so you can make a well-informed decision regarding your financial future.

Is Bankruptcy Right for You?

Only an experienced PA Debt Relief lawyer can help you determine whether or not you meet the requirements for bankruptcy relief. It is also important to remember that there are different types of bankruptcy available. While one type of y may not meet your needs, another type may provide the answers you are looking for. C. Stephen Gurdin will help you explore all your options, determining if you qualify for Chapter 7, 11, or 13.

 

 

          If You Are Not Eligible for Bankruptcy!

If Attorney Gurdin looks at your financial situation and determines that bankruptcy is not right for you, he will let you know, and he will not urge you to file needlessly. Instead, he has the knowledge and experience to work with you in exploring alternatives to bankruptcy in order to get your financial affairs in order, and he will work to provide you with the effective legal counsel you need to get to get your and your family’s life back on sound financial footing.

Contact Pennsylvania Bankruptcy Attorney C. Stephen Gurdin today

http://www.pamb.uscourts.gov/…

Filing for debt relief is a big, life-altering decision, and it is one that could provide you with the relief you are so desperate for. Attorney Gurdin will take the time to look at your personal financial situation and help you find immediate relief and long-term financial stability.

Call Attorney C. Stephen Gurdin today at his office in Wilkes-Barre, Pennsylvania, 570.826.0481,
Toll Free at, 800.221.0618 to schedule a free initial consultation.

Don’t delay.

Estate Tax Planning

Estate Tax Planning

Terminal interests: A terminal interest is one that terminates upon the lapse of time or the happening or failure to happen of some event or contingency, if any remaining property passes to a person other than the surviving spouse. If the surviving spouse receives a terminable interest in property; the marital deduction is lost as to that property. The most common terminable interest is an income trust which may qualify for the marital deduction if it qualifies under special rules. The device is frequently used along with a credit shelter trust, which passes property outside of the estate to the children. Since the property in this trust never passes to the surviving spouse, it is not part of his or her estate and passes directly to the children tax free so long as it is within the exemption in the decedent’s estate.

estate planningQualified terminal interests: If the surviving spouse receives a trust allowing income (without limitation) for life and only the power to invade corpus for his or her benefit (the ability to invade for a child or anyone else defeats the qualification), and the decedent irrevocably elects this treatment on the estate tax return, the interest which the surviving receives, although it is a terminal interest never the less qualifies for the marital deduction and passes free of estate tax. Such an interest is called a Qualified Terminal Interest Property (QTIP).

Funding the QTIP: The Qualified Terminable Interest can be a trust, or an annuity such as a joint survivor annuity, or an IRA (but care should be taken to allow the payment in equal installments rather than in a lump sum which would trigger income tax to the trust). If an IRA is used to fund the QTIP, the payments to the survivor may be limited to the minimum annual distributions or may be directly to the surviving spouse outside of any trust. The surviving spouse then rolls the payment into an IRA free of income tax until age 70 1/2 .

Alien spouse: The marital deduction is allowed only if the surviving spouse is an American citizen or becomes one before the estate tax return is due (within 9 months from the date of death plus an additional 6 months on extension) and was a U.S. resident from the date of the decedent’s death, or unless the decedent leaves the bequest to the surviving spouse through a qualified domestic trust (QDOT). If a trust to the surviving spouse would otherwise qualify for the marital deduction it may be reformed to meet the special requirements for the QDOT. The QDOT or reformed spousal trust may be created by the decedent, the executor or the surviving spouse. The QDOT election must be irrevocably elected on the estate tax return. The surviving spouses assignment to a QDOT must be made before the estate tax filing date, and the transfer must be completed before the estate is closed.

To make sure that you are protected, it is crucial that you contact skilled and experienced Attorney C. Stephen Gurdin Jr. a Pennsylvania Estate Planning lawyer.

Call Attorney C. Stephen Gurdin Jr. at, 570.826.0481

toll free 1.800.221.0618.

email Stephen@gurdinlaw.com

Regular Office hours 2:30 and 7 p.m. Monday through Friday by appointment. Earlier appointments available upon request.