Probate: 
Probate is the legal process of transferring property following a person's death.  Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a Will); his or her property is collected, certain debts are paid from the estate and the property is distributed accordingly.

Wills:
A Will is a written instrument containing directions on how the assets and property of the testator (individual creating the Will) shall be divided upon his or her death.  Wills can also contain instructions regarding the care of minor children, gifts to charity and formation of posthumous trusts.  In order for a Will to be legally valid, the testator must sign the Will in the presence of two witnesses and he or she must be mentally competent and not acting under duress or under the controlling influence of another.

Will Contest Litigation:
A Will Contest is a type of litigation that challenges the admission of a Will to probate.  Issues that are likely to spur the contesting of a Will include: 

• the testator lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were created;
• the testator was subjected to fraud, coercion or undue influence during its creation and implementation;
• there are ambiguities in the document or
• the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court, depending on state law and the specific facts and circumstances may disallow only the part of the Will that was challenged; throw out the entire Will, distributing the property as if the person died without a Will or use the last previous Will.

Trusts:
Trusts are estate-planning tools that can replace or supplement Wills and can also help manage property during life.  A trust manages the distribution of a person's property by transferring its benefits and obligations to different people.  Maintaining assets in a Trust often makes it easier to minimize taxes and leave a larger inheritance.  A Trust is also a way to provide a steady income to the Beneficiary over time (as opposed to distribution in a lump sum), thus reducing the Beneficiary's tax burden, allowing the Trust to grow through investment, and keeping assets free from creditors of the Trust beneficiary.  Trusts can also be established for the benefit of charitable organizations.

Probating Estates:
Estates are categorized as probate or non-probate property.  Probate property is property that is transferred by the provisions of a Will.  Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.

Estate Planning:
Good estate planning is more than just a simple Will.  It minimizes potential taxes and fees (including Federal and State gift and estate taxes), and sets up contingency planning to make sure wishes regarding health care treatment are followed before and after death.  A good estate plan also coordinates what happens to a home, investments, business, life insurance, employee benefits (such as a 401K plan) and other property in the event of disability or death.

Powers of Attorney:
Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person (the principal) to another (attorney-in-fact or agent).  When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions for the incapacitated person.  One of the ways to avoid government or court intervention and the appointment of a stranger to act as your guardian, is to use a Power of Attorney.  A Power of Attorney is a written document that can be limited in scope, or it can allow one person to give another the full power and authority to represent him or her.  There are two types of Power of Attorneys; one covering assets and one covering health care decisions.

Estate Litigation:
Estate litigation is a legal dispute usually initiated by someone who feels they did not receive all they were entitled to in a Will.  Wills can be challenged if it is suspected that the Will is not legally valid or if the person who was writing the Will was wrongly influenced while creating it.

Conservatorship:
A conservatorship is a court order that a person deemed fully or partially incapable be subject to the legal control of another person.  The conservator is responsible for the assets and finances of an incapacitated person.  Many jurisdictions use the term "guardian of the person" to refer to the same legal principle.  It may be necessary to petition a court to appoint a conservator for persons:

• Who have physical or mental problems that prevent them from managing their own financial affairs;
• Who have no person already legally authorized to assume responsibility for them; and
• Where other kinds of assistance with financial management will not adequately protect them. 

Guardianship:
A guardianship is a legal relationship created by a court between a guardian and his ward, either a minor child or an incapacitated adult.  The guardian has a legal right and duty to care for the ward.  This may involve making personal decisions on his or her behalf, managing property or both.  Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity or disability.

Courts generally have the power to appoint a guardian for an individual in need of special protection.  There are different types of guardians that can be appointed.  A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian.  A person may also be appointed as a special guardian, having limited powers over the interests of the ward.  A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem.

Estate Tax Returns:
The money and property you own when you die (your estate) may be subject to federal estate tax.  Most estates are not subject to the tax.  Only about 2% of all estates are subject to the estate tax.  An estate tax return generally will not be needed unless the estate is worth more than the applicable exclusion amount for the year of death.  The estate tax is technically a tax on the transfer of property to others, generally to children of a decedent.

Estate taxes are different from, and in addition to, probate expenses and final income taxes owed on income the decedent earned in the year of his or her death.  They also are separate from inheritance taxes that are collected by some states.

Most states impose their own estate taxes, usually as a "sponge tax" that piggybacks on the federal estate tax.  The federal estate tax allows each estate a tax credit for any state inheritance or estate taxes paid, up to a maximum dollar amount.

Private Annuities & Charitable Trusts:
In a private annuity trust, an owner transfers property to an irrevocable trust in exchange for a promise to make prescribed payments to the owner for his or her lifetime.  The trust then sells the property to a third party, the proceeds of which are invested to provide the payments promised to the owner.  On death, the remainder of the trust estate typically passes to the heirs of the property owner.  The trustee must be someone other than the property owner.

A charitable trust is somewhat similar to a private annuity trust, except that the owner transfers property to an irrevocable trust of which one or more charitable organizations will be beneficiaries.  The type of charitable trust most likely to be used is a charitable remainder trust, in which the owner retains an income interest for his or her lifetime.  The property can be sold by the trustee and the proceeds invested to provide the payments to the owner.  On death or after a specified term of years, the remainder of the trust estate passes to one or more designated charitable organizations.  Unlike a private annuity trust, the trustee can be the property owner.

If you or someone you care about needs the assistance of an experienced estate planning lawyer contact the Law Office of Heiligman and Mogul toll free at 866-241-9945 or via email using the contact form in the left-hand column to discuss your case with an experienced Pennsylvania estate planning lawyer.

If you or someone you care about needs the assistance of an experienced estate planning lawyer contact the Law Office of Heiligman and Mogul toll free at 866-241-9945 or via email using the contact form in the left-hand column to discuss your case with an experienced Pennsylvania estate planning lawyer.

ADDRESS OF THE FIRM:
Heiligman & Mogul, P.C.
135 S. 19th St., Suite 200
Philadelphia, PA 19103
Telephone: 866-241-9945
Fax: 215-561-1375

MEMBERS OF THE FIRM:

S. Stacy Mogul, Attorney
Attorney S. Stacy Mogul, a lifelong Philadelphian, is the managing partner of Heiligman & Mogul, P.C. In 1978, Stacy graduated with high academic honors from Skidmore College in Saratoga Springs, New York. Stacy was awarded a B.A. in Political Science and American Studies. In 1980, Stacy graduated from Widener School of Law, where he was a member of the Moot Court Honor Society. Stacy was first admitted to the practice of law in the Commonwealth of Pennsylvania in 1981. He was admitted to practice law in the State of Florida in 1983.

Stacy has been admitted to appear before a number of courts including the Pennsylvania Supreme Court, the Florida Supreme Court and the United States Federal District Courts for the Middle and Eastern Districts of Pennsylvania. He represents clients outside of the Commonwealth of Pennsylvania on a highly selective basis. Most recently, he and Philip Yampolsky (Of Counsel to the Firm) obtained one of the largest multi-million dollar jury verdicts in the Federal District Court for the District of Delaware.

Stacy's legal career began with a judicial clerkship to the late Honorable Eugene Gelfand in the Court of Common Pleas of Philadelphia County. At the Court's request, Stacy agreed to a second clerkship for the Honorable Abraham Gaffni, also a (former) Judge in the Court of Common Pleas of Philadelphia County.

According to Martindale-Hubbell Legal Directory, the oldest legal rating system in the country, Stacy has been rated by his legal peers as establishing "an exemplary reputation" and maintaining the highest rating for professional ethics. Stacy has served at the request of other attorneys to resolve their litigation disputes prior to trial. Each year he provides estate planning, estate administration and related services to many peoples who are seeking direction and assistance with their estate related matters. Client references are available upon your request.

Stacy is a member of the Pennsylvania Bar Association, the Florida Bar Association, the Philadelphia Trial Lawyers Association and the Pennsylvania Trial Lawyers Association.

Beyond this, Stacy has provided and continues to provide free legal assistance to those who are less fortunate on a selective basis. His community involvement includes, among other things, mentoring minority businesses.

Bar Admissions:

• Pennsylvania, 1981
• Florida, 1983
• Pennsylvania Supreme Court
• Florida Supreme Court
• United States Federal District Court, Middle District of Pennsylvania
• United States Federal District Court, Eastern District of Pennsylvania

Education:

• Widener School of Law, J.D., 1980
• Skidmore College, B.A., 1978

Professional Memberships:

• Pennsylvania Bar Association
• Florida Bar Association
• Philadelphia Trial Lawyers Association
• Pennsylvania Trial Lawyers Association

Philip A. Yampolsky, Attorney
Attorney Philip A. Yampolsky is a native of the Philadelphia area. After graduating from Temple University with his B.A., he attended Widener School of Law where he graduated in 1981. He was admitted into the practice of law in Pennsylvania 1981. Phil is "Of Counsel" to the law firm of Heiligman & Mogul, P.C. In this capacity, Phil consults with the Firm on a regular basis and provides "hands-on" legal assistance.

Phil has extensive experience as a trial lawyer. He has been admitted to practice law before a number of Courts, including the Pennsylvania Supreme Court, the United States Circuit Court of Appeals for the Third and Fourth Circuits, the United States Federal District Court for the Eastern District of Pennsylvania and the State of Maryland, among others.

Most recently, Phil's work with the Firm was instrumental in obtaining one of the largest multi-million dollar jury verdicts in the Federal District Court for the District of Delaware.

According to Martindale-Hubbell Legal Directory, the oldest legal rating system in the country, Phil has been rated by his legal peers as establishing "an exemplary reputation" and maintaining the highest rating for professional ethics. Each year he receives case referrals from other law firms, which request him to assist with serious and complex personal injury claims.

Phil is a member of the Pennsylvania Bar Association, the Pennsylvania Trial Lawyers Association and the American Trial Lawyers Association.

Bar Admissions:

• Pennsylvania, 1981
• Maryland
• Pennsylvania Supreme Court
• United States Circuit Court of Appeals for the Third Circuit
• United States Circuit Court of Appeals for the Fourth Circuit
• United States Federal District Court for the Eastern District of Pennsylvania

Education:

• Widener School of Law, J.D., 1981
• Temple University, B.A.

Professional Memberships:

• Pennsylvania Bar Association
• Pennsylvania Trial Lawyers Association
• American Trial Lawyers Association

Marquerite Nealon, Attorney
Attorney Marguerite Nealon is a native of Scranton, Pennsylvania. She attended American University where she graduated with a B.A. in 1988. Thereafter she attended Widener School of Law. She graduated from law school in 1991 and was admitted to the practice of law within the Commonwealth of Pennsylvania in 1992.

Marguerite has extensive experience as a litigator, with special emphasis on domestic relations. Each year, she receives case referrals from other law firms, which request her to assist with serious and complex domestic relations claims. She is "Of Counsel" to the law firm of Heiligman & Mogul, P.C. providing invaluable assistance when asked.

Bar Admission:

• Pennsylvania, 1992

Education:

• Widener School of Law, J.D., 1991
• American University, B.A., 1988

Martin J. Heiligman
Martin J. Heiligman is now formally retired from the practice of law. Marty continues to provide the Firm with his counsel, which is invaluable given his thirty plus years of experience as a trial lawyer whose practice was limited to personal injury.