Probate

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

Pennsylvania Inheritance tax rates are based upon classes of beneficiaries

Pennsylvania Inheritance tax rates are based upon the following classes of beneficiaries:
Class: tax rate in %
Surviving spouse 0%
Property owned jointly by husband and wife or passing to a surviving spouse is exempt from Pennsylvania Inheritance tax
Minor children:
Beneficiaries of the estate of a child age 21 or less to natural parent, stepparent, adoptive parent
0% tax exempt charitable organizations, tax exempt institutions government entities 0%
Class A (lineal descendants)
Grandparents, parents,
Decedents:
grandfather, grandmother, father, mother, and their children. Children include natural children, (whether or not they have been adopted by others) adopted children; and stepchildren.
exemption of $3500.00 then 4.5%
Class A1 (sibling tax rate)
Brothers, half brothers Half sisters Persons having at least one parent in common with decedent by whole blood or adoption
12% with no exemption
Class B (collateral tax rate)
All other beneficiaries
15% with no exemption
Family farms and certain agricultural property are exempt from Pennsylvania Inheritance Tax if they meet certain conditions.
Life insurance payments are exempt from Pennsylvania Inheritance Tax whether they are payable to the estate or to a beneficiary.

Whether you are interested seeking to make organizational changes, forming a new business, branching into new territory with a joint venture partner, or dissolving a partnership or older business entity, PA business formation lawyer Attorney Gurdin can provide you with the legal guidance and help you need to successfully meet your goals.
Contact C. Stephen Gurdin, Jr. phone 570-826-0481, toll free 1-800-221-0618, fax 570-822-7780

Estate Planning? What you need to know.

Estate Planning?

What you should know.

No one likes to think about the future when they are no longer living. Sometimes, however, it’s important to focus on the needs of your loved ones. Will they be well-taken care of when you pass? The careful planning of trusts and estates can have a huge impact on those you will be leaving behind, and well-considered planning can also be beneficial to you for the rest of your life. In order to protect yourself and your family, it is vitally important that you work with an experienced PA Estate Planning Lawyer to ensure that your wishes are followed when you are gone. Wilkes-Barre, Pennsylvania Estate Planning Attorney C. Stephen Gurdin has extensive experience and knowledge about how to navigate the often complex process of setting up an estate plan.

Clarifying the Estate Planning Process

An estate plan covers a wide variety of arrangements for dealing with one’s estate, or property and assets. The documents in your estate plan are tailored to whatever your unique situation and goals require. While some people need Trust Agreements to accomplish their specific goals and minimize probate expenses, others may not. Experienced estate planning lawyer Attorney Gurdin will assess your particular financial and personal situation to determine which estate planning documents are necessary for accomplishing those needs. Some of the documents in most estate plans are: Last Will and Testament; Durable Financial Power of Attorney; Health Care Power of Attorney; Living Will; and Funeral Planning Declaration.
Pennsylvania Estate Administration Attorney Gurdin works closely with individuals to develop estate plans that take care of everything of concern: the protection of and access to assets, distribution of assets according to the client’s wishes upon death, and reduction of probate costs and estate and inheritance taxes. He represents individuals from all financial backgrounds in the Wilkes-Barre area.
Attorney C. Stephen Gurdin works with clients in:

• estate and trust administration
• special needs trust planning
• business succession planning
• the preservation and transfer of wealth
• gift and estate tax planning
• planning for public benefits such as Medicaid and SSI

Wilkes-Barre, Pennsylvania Estate Planning and Trust Attorney C. Stephen Gurdin makes the process of estate planning and creating trusts a simple matter. Having a skilled estate planning lawyer can save you and your family thousands in future estate taxes.

Contact Attorney C. Stephen Gurdin Jr. at his office in Wilkes-Barre, PA, 570.826.0481 to begin planning.

What is Probate?

Probate Law ...The term probate is as old as dirt. It comes to us from the Saxon law which used the term Probare to mean to claim a thing as one’s own. In more modern law is comes from the latin term onus probandi, literally to make proof or the burden or duty of making proof. Now the term is used to refer to the act or process of proving a will and distributing the assets of a deceased person (the decedent). If the decedent has a will, and names a personal representative, the person named is called an executor. If there was no will, or the will did not appoint a representative, or the person appointed has died, the person appointed is called an administrator. The administration of the decedent’s assets is required whether there is will or not. This process has been simplified in recent years, and in most cases, can be accomplished quickly and at reasonable cost. If the estate is administered through such a proceeding, the end result is binding on all of the heirs and other parties in interest. This can be contrasted with administering assets without the formality of a probate proceeding, which can be set aside in a later court proceeding.

Many types of property pass outside of the probate estate, so that the costly and legally complex steps to avoid probate are unnecessary. Many small estates can be raised, administered and closed within one year or less. Transferring assets to avoid probate frequently creates complex tax issues and costs associated with tax filings, transfer fees, and tax due on the transfer or due at death as part of the total tax calculations (which are frequently overlook by those proposing such steps). Probate avoidance can be useful tool for reasons other than tax avoidance, such as assuring control, and protecting the asset as well as the owner’s interest in it which might be compromised due the age of the owner, and to the acts of unscrupulous persons. Such steps should only be undertaken with the assistance of competent and trusted legal counsel.


The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

Call Attorney C. Stephen Gurdin today at his office in Wilkes-Barre, Pennsylvania, 570.826.0481

Toll Free, 800.221.0618 to schedule a free initial consultation. Don’t delay.