Frequently Asked Questions
What Does a Family Law Attorney Do?
A family law attorney handles legal matters involving family relationships. These cases may involve divorce, child custody, child support, spousal support, property division, and other disputes related to marriage or parenting.
Family law attorneys also assist with modifying court orders, enforcing existing agreements, and representing clients in court when disputes arise. Because these cases often involve complex legal and emotional issues, working with an experienced attorney can help protect your rights and ensure that legal procedures are handled properly.
How Is Property Divided in a Pennsylvania Divorce?
Pennsylvania follows a legal principle known as equitable distribution when dividing marital property during a divorce. This means that assets are divided fairly, but not necessarily equally.
Courts consider several factors when determining how property should be divided, including the length of the marriage, each spouse’s income and earning capacity, contributions to the household, and future financial needs.
Marital property may include assets such as real estate, retirement accounts, investments, and debts accumulated during the marriage. A family law attorney can help ensure assets are properly identified and fairly divided.
What Is the Difference Between a Will and a Trust?
A will and a trust are both estate planning tools, but they serve different purposes.
A will is a legal document that specifies how a person’s property should be distributed after death. It may also name guardians for minor children and designate an executor to manage the estate.
A trust is a legal arrangement in which assets are managed by a trustee for the benefit of beneficiaries. Trusts can be used to manage assets during a person’s lifetime, and after death, and in some cases, they may help avoid probate.
An estate planning attorney can help determine which tools are appropriate for your situation.
What Happens If Someone Dies Without a Will?
If a person dies without a valid will, their estate is considered intestate. In these situations, Pennsylvania law determines how assets are distributed among surviving relatives.
Typically, property passes first to a surviving spouse and children, followed by other relatives if no immediate family members are present. Because the distribution follows statutory rules rather than the deceased person’s wishes, the outcome may not reflect what the individual intended.
Estate administration will also require the court to appoint an administrator to manage the estate.
What Is Probate and How Does It Work?
Probate is the legal process through which a deceased person’s estate is administered. This process typically involves validating a will, identifying assets, paying debts and taxes, and distributing property to beneficiaries.
Probate is handled through the county court system. In Pennsylvania, the Register of Wills oversees the initial probate process and appoints the executor or administrator.
While some estates are relatively straightforward, others may involve complex financial matters or disputes among beneficiaries. A probate attorney can help guide families through the process and ensure all legal requirements are met.
When Should I Create an Estate Plan?
Estate planning is beneficial for adults of all ages, not just individuals with large estates. Anyone who owns property, has children, or wants to control how their assets are distributed should consider creating an estate plan.
Estate planning documents can also address incapacity planning, allowing trusted individuals to make financial or healthcare decisions if you become unable to do so.
Major life events such as marriage, divorce, the birth of a child, or significant financial changes are good times to review or create an estate plan.
Do I Need an Attorney for Estate Administration or Probate?
While it is possible to administer an estate without legal assistance, many executors choose to work with a probate attorney to avoid mistakes and ensure compliance with Pennsylvania law.
Estate administration often involves filing court documents, handling creditor claims, preparing tax filings, and communicating with beneficiaries. Errors during this process can delay distribution or create legal liability for the executor.
An experienced probate attorney can help guide executors through each step of the process and reduce the risk of complications.
