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Michael J GirardiLaw Office of Michael J. Girardi
- Estate Planning, Probate
Claimed Lawyer ProfileQ&A
The Law Office of Michael J. Girardi is committed to providing peace of mind, stability, and security to the residents and families of the Alle-Kiski Valley. With an emphasis on Estate Planning and Estate Administration, the Law Office focuses on protecting your assets and preserving your family and legacy. The Law Office is determined to afford each and every client a personalized experience centered on your family needs and recognizing that every situation is unique.
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Probate Administration, Probate Litigation, Will Contests
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- English: Spoken, Written
- Solo Practitioner
- Law Office of Michael J. Girardi
- - Current
- University of Pittsburgh School of Law
- J.D. (2012) | Law
- Honors: Cum Laude
- Eckerd College
- B.A. (2008) | Political Science
- Honors: High Honors
- Pennsylvania State Bar  # 315511
- Pennsylvania Bar Association
- - Current
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4 Questions Answered
- Q. if my name is mentioned in my grandpas will, how do i go about collecting my distribution ?
- A: I am sorry about the loss of your grandpa and your father. If you are named as a beneficiary in your grandpa's Will, you will eventually receive your distribution (assuming there are sufficient funds in the estate) from the executor of his estate. This may take awhile, as the process of administering an estate can take some time. Your grandpa's debts and taxes have to be paid, among many other tasks. You should have receive a notice from the executor of your grandpa's estate. You can check in from time to time with this person to see how the probate process is going. As far as your father's share of your grandpa's estate, it is going to depend upon the language in your grandpa's Will whether or not you receive your father's share. It may state that your grandpa's property goes to your father and his heirs, or it may say that it goes to someone else, or it may say nothing. Additionally, because your father passed soon after, there may be an issue of survivorship. Often Wills stipulate a beneficiary must survive the decedent by X number of days in order to inherit. The notice from the executor may have included a copy of the Will. Again, I am sorry about the passing of your grandpa and father. Good luck.
- Q. I owe $130,000 on my mortgage. If I die, can my sons (named in my will as inheriting my estate) pay off the mortgage an
- A: Your question was cut off, so I will only state a few generalities regarding real estate and mortgages. In your Will, you can leave the property to your sons. If your estate is large enough, funds from your estate can be used to pay off the mortgage before it transfers to your sons, and in your Will you can direct the executor to do so. Alternatively, you can also leave the property to your sons with the mortgage still attached, and they will be responsible for paying it off. If your sons are the named beneficiaries of your 401k and your life insurance, the $350,000 will pass outside of probate and go directly to your sons. If that is the case, your estate will not have direct access to those proceeds and will not be able to pay off the mortgage before it transfers to your sons. If your 401k and the life insurance do not name your sons as beneficiaries (or your estate is named as the beneficiary), then the executor can use those proceeds to pay off your mortgage before it passes to your sons.
- Q. a lawyer is holding my parents will and the want to take it out of his hands and do another will how can this be done?
- A: The typical practice is to expressly revoke all prior Wills whenever a new Will is made.
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