Do you know what would happen to your family or your property if something happened to you? You don’t need to guess or leave it up to the court. With the right estate plan, you can decide who gets what, who speaks for you, and how to avoid problems down the line.
Standish & Conlin helps Pennsylvania residents create clear, legally sound estate plans that reflect their real-life goals. Marissa Conlin is a dedicated family law attorney who knows the state’s laws and takes the time to explain how each estate planning tool could work for you and your family. She can help you write a will, set up a trust, or create powers of attorney that hold up when it matters most.
What is an Estate Plan?
An estate plan is a collection of legal documents that explain what should happen to your property, your dependents, and your care if you die or become unable to make decisions. It often includes a will, powers of attorney, health care directives, and other tools. These documents allow you to decide who should get what, who can speak for you, and how others should carry out your wishes.
Estate planning also gives you a chance to choose someone to care for your children if they’re still minors. If you don’t make these decisions in advance, the courts may step in and decide for you. A solid plan can help your loved ones avoid stress, delays, and unnecessary costs. You don’t need to be wealthy to make an estate plan—anyone who owns property or has a family should consider one.
When Should You Make or Update Your Estate Plan?
You should make an estate plan as soon as you have anything you want to protect, such as a home, a bank account, or a child. Many people start estate planning in their 30s or 40s, but there’s no right age. In Pennsylvania, you can create an estate plan as soon as you turn 18. It is important to have powers of attorney that designate who can make decisions for your healthcare and your finances. This would avoid problems and extra costs for your family.
You should also update your plan any time your life changes in a major way, such as through marriage, divorce, childbirth, or the loss of a loved one. Laws can change, too, so it’s a good idea to review your plan with an attorney every few years. If your will or other documents no longer reflect your current wishes or comply with state laws, you should update them right away.
Creating a Valid Will in Pennsylvania
A will is a key part of any comprehensive estate plan. It allows you to document your wishes regarding who should receive your property and care for your minor dependents after you die.
Dying without a will is called dying “intestate.” If you die intestate, Pennsylvania law decides how to divide your assets and who will be responsible for your children, which might not align with your preferences. A will allows you to avoid that and gives you control over what happens to your belongings and your kids.
You must be at least 18 years old and of sound mind to create a valid will in Pennsylvania. You must put your wishes in writing and sign the document at the end. State law does not require witness signatures for a will to be legally valid. However, if you and two witnesses sign the will before a notary and complete a special affidavit, the will becomes “self-proving.” That means a probate court can accept it without needing to contact the witnesses later.
How Probate Works in Pennsylvania
Probate is the legal process for settling someone’s estate after they die. In Pennsylvania, probate starts when the court validates and accepts a person’s will. If there’s no will, the court applies state intestacy laws to determine who inherits the property. The person handling the estate, called the executor or administrator, must gather the assets, pay any final debts and taxes, and then distribute what’s left.
Probate can take several months or longer, depending on the size of the estate and whether anyone challenges the process. That’s why many people include tools in their estate plans to avoid probate when possible. Some instruments, like joint accounts or trusts, allow you to transfer assets automatically.
Estate Planning Tools That Can Help Your Loved Ones Avoid Probate
Certain estate planning tools allow you to pass your assets directly to others after death without the probate court’s involvement. The following tools work outside your will and transfer ownership automatically when you die:
- Trusts: A trust is an instrument that allows you to move your property into a separate legal entity and name someone to manage it after your death. That person can transfer the assets directly to your chosen beneficiaries without going through probate.
- Joint Ownership With Right of Survivorship: This form of ownership allows two or more people to own an asset together. When one owner dies, the other automatically takes full ownership.
- Transfer-on-Death (TOD) Designations: This type of designation lets you name a beneficiary for certain investment or brokerage accounts. When you die, the account goes directly to that person without court involvement.
- Life Insurance and Retirement Account Designations: These are contract-based designations that allow you to choose a beneficiary for your policy or account. Upon your death, the company pays that person directly without the need for probate.
Planning for Incapacity
Estate planning allows you to plan for situations in which you might be unable to speak or make decisions on your own. The following tools let you choose who should handle your medical care, manage your finances, or speak for you if you lose the ability to do these things yourself:
- Financial Power of Attorney: This document lets you name someone to manage your money, pay your bills, and handle other financial matters for you if you become unable to do so.
- Health Care Power of Attorney: This form grants another person the legal authority to make medical decisions on your behalf if you can’t speak for yourself.
- Advance Health Care Directive: Also known as a “living will,” this tool lets you document the kinds of medical care you do or don’t want if you become seriously ill or unconscious.
- HIPAA Release Form: This form allows doctors and hospitals to share your medical information with any people you list, even if you can’t give consent at the time.
How to Choose the Right Estate Planning Lawyer in Pennsylvania
Choosing the right estate planning lawyer in Pennsylvania starts with thinking about what you need. Some people only want a simple will. Others need help with trusts, probate matters, or long-term care planning. Once you have identified your goals, look for a lawyer who handles those specific issues. Make sure they understand Pennsylvania law and stay up to date on changes affecting wills, taxes, and property. Ask how much experience they have with estates like yours.
A good attorney will take time to answer your questions and explain your options in plain language. You should also feel comfortable sharing personal details, such as your family relationships and financial concerns, since those factors will affect your plan. Be sure to ask them about their fees up front and what’s included in their services. Don’t settle for someone who rushes you or gives you a one-size-fits-all answer. The right lawyer will help you build a plan that suits your life and your needs.
Contact a Pennsylvania Estate Planning Attorney Now
Ready to put an effective estate plan in place? Standish & Conlin is here to help. If you have questions or want to review what you already have, contact us today for your initial case review.