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A will is a written document which states what a person wants to have done with everything they own (referred to as “Assets”) once he or she dies. The will also names a person or other entity to act as the administrator of the estate. That person is an executor if he is a male and an executrix if she is a female. If a person has minor children, the will is a document where a guardian for those children can be named.

If you die without a will, your assets will be distributed according to the Pennsylvania Intestate Act. The Act will determine which of your surviving family members receive assets from your estate and in what amounts. In addition, the Act will determine who is eligible to serve as the administrator of your estate. In this scenario, the outcome may not match your wishes. By having a will, you can determine for yourself how your assets are distributed and who will handle your estate as an administrator.

The will is effective when presented to the Register of Wills in the county where you resided at the time of your death. A will IS NOT filed while you are alive. The process of filing the will requires a petition to be filed and is accompanied by filing fees and a death certificate. If all the paperwork is in order, the Register of Wills will admit the will into the record. That is what is called “Probate.” The person who is appointed as the executor or executrix will receive a “short certificate” showing that he or she has been appointed and is entitled to take care of the estate.

In approximately 90% of our estates, the work needed to complete the estate, including distributions to beneficiaries, is complete within one year from the date the estate is opened. The process can be delayed if real estate needs to be sold or some type of litigation is pending and must be completed.

Trusts are created for a variety of reasons depending on your particular situation and needs. First, if you have beneficiaries who are under the age of 18 who are not legally able to manage money because they are minors, you might create a trust to handle distributions until they reach the age of maturity. Second, you may want to protect certain individuals from having unlimited access to large amounts of money. Third, you may wish to protect individuals who have special needs and/or are receiving government benefits. Fourth, there may be estate planning goals which can best be met with use of a trust. Trusts may be established while you are alive or after you die as part of your will.

Jointly held and Payable on Death assets typically go to the other joint owners or named beneficiary upon your death. The same is true with life insurance, with the proceeds going to the named beneficiaries. These types of assets are controlled by the document which established them. They are not part of your probate estate and are not controlled by the directives in your will. Inheritance tax will likely be owed on these assets. Additionally, the assets may be distributed in a manner that isn’t consistent with your overall wishes.

The Pennsylvania Inheritance Tax Act established a tax between 0% and 15% of the net value of inheritance taxable assets (the date of death value less any allowable deductions). The tax rate for assets going to a spouse is 0%. The tax rate for assets going to lineal heirs (children and grandchildren) is 4.5%. The tax rate for assets going to a sibling is 12%. The tax rate for all other beneficiaries is 15%.

A general Power of Attorney gives your “Agent” the right to take all actions you set forth in the Power of Attorney. The Power of Attorney DOES NOT take rights away from you, but gives someone else the right to act on your behalf. If you need assistance in the future managing your affairs, a Power of Attorney will be extremely useful. It is a powerful tool and should only be given to people whom you trust and can count on.

A health care directive is a document which appoints an “Agent” to make healthcare decisions on your behalf in the event you cannot do so. A living will sets forth your preferences about receiving certain forms of medical treatment in the event that you are terminally ill or severely brain impaired. These two components are often combined into one document and are an important part of planning for the future. Your named agents can be changed at any time as your needs change.

We handle a full range of real estate matters, including deeds, mortgages, bank closings, and Agreements of Sale.

Title insurance is an insurance policy issued by a licensed Title Insurance Company ensuring that you have good title to real estate you own or are buying. Policies are also issued to banks who may lend you money to buy real estate. Our office has two attorneys who are licensed title insurance agents and can issue title insurance to you and to your bank.

Our office is experienced in representing people injured in auto cases. We only receive payment if we successfully collect money for you. Our contingent fees rates are extremely competitive which means a larger part of your settlement ends up going to you.

Our office represents a wide variety of municipal entities such as Boroughs, Townships, Authorities, and Zoning Hearing Boards. If you are an official involved with any municipal entity looking for a solicitor, we can be of service to you.

In a vast majority of our cases, there is no consultation fee. That includes will conferences, estate matters, real estate transactions and auto cases. There may be a consultation fee for an individual who wishes to discuss a matter and obtain advice on how to proceed. Our staff will let you know if such a fee is to be paid and how much it will be. As for any fees owed to the office, we have flexible payment arrangements available to the extent a client needs such flexibility.