Blog Category | Estate planning
When DNA reveals a new heir in Pennsylvania probate
Probate can change fast when DNA testing identifies someone who claims to be a biological child or relative of the person who died. In Pennsylvania, you might see this happen during an estate review or when a close family member starts the process. The judge may delay parts of the...
Read MoreHow to fund a Pennsylvania trust the right way
Funding your trust matters because an unfunded trust cannot manage or transfer anything. You avoid probate delays and keep your plan working only after you move assets into the trust. What funding a trust means You change legal ownership from your name to the trust’s name. For items that cannot...
Read MoreProbate in Pennsylvania: Where do I start?
Probate is a legal process that guides the distribution of assets after someone passes away. The process begins in the county where the deceased person resided at the time of their death. The following will discuss the initial steps of probate in Pennsylvania, with information for Allegheny and Montgomery Counties....
Read MoreWhy your estate plan needs backup fiduciaries
When you create your estate plan, every decision matters. Many people name a trustee, executor or agent under a power of attorney, but forget to plan for what happens if that person cannot serve. Naming successors makes certain your plan continues to protect your wishes no matter what happens. Why...
Read MoreWhen family harmony breaks: Common probate conflicts in Pennsylvania
Losing a loved one is difficult enough without the added stress of family disputes during probate. Unfortunately, the process of distributing assets can sometimes bring out the worst in people. Understanding how and why probate conflicts arise can help avoid painful family rifts. When emotions and money collide The combination...
Read MoreWhy is DIY estate planning risky?
Estate planning is vital for everyone, not just the wealthy. It ensures others honor your wishes while providing for your loved ones after you pass. Many people consider do-it-yourself estate planning to save money, but this approach can be risky. Without the right knowledge, you can easily overlook many crucial...
Read More5 reasons to update your will
Creating a will remains one of the most important financial decisions, yet only about one-third of Americans have taken this crucial step. By having a will, you’ve already made a wise choice to protect your legacy and loved ones. However, simply having a will isn’t enough. You need to keep...
Read MoreDivorce also impacts your estate plan
Divorce is a life-altering event that brings about significant changes in various aspects of one’s life. One area often overlooked during this tumultuous time is the impact of divorce on an individual’s estate plan. An estate plan, which includes documents like your will, trust, and power of attorney, is designed...
Read More3 things every executor should know about probate
When a loved one passes away, the probate court looks to the deceased’s will to ensure the distribution of their estate according to their written intentions. The court does not assume full control of this process, however – it falls to a trusted individual named by the deceased to oversee...
Read MoreHow to ease the transition for your loved ones
Approaching the end of your life is a difficult transition not only for you but for your family as well. Remember that, as you establish your estate plan and power of attorney, your family must come to terms with your mortality. There are a few things that you can do...
Read More3 things people forget to include in their estate plans
Estate planning involves more than determining what happens to your assets after you die. You should also consider how to manage your estate and health care if a time comes when you can no longer make sound decisions for yourself. Here are three essential items to include in your estate...
Read MoreCommon misconceptions about wills
Writing a will is the most fundament part of your estate planning process. This document makes your intentions known such that your family receives support and peace of mind in the event of your passing. However, there are some common misconceptions surrounding wills that might lead you to believe that...
Read MoreWhy should you file for a power of attorney?
If you want to protect your future, a power of attorney may be a great help. This document would allow someone else to decide on matters for you, in the way that you wish, if you can no longer make your own decisions. You choose the conditions When you fill...
Read MoreWhat duties and rights do I have as a guardian?
The process of guardianship administration addresses the needs of a disabled or incapacitated person who can no longer manage essential day-to-day or financial affairs. A potential guardian files a petition to become the caretaker of the estate, the person or both. The guardianship may be permanent or temporary, depending on...
Read MoreWhat are my options to avoid probate?
Many Pennsylvania residents want to avoid probate with their estate plans. By doing so, they allow loved ones to receive their inheritances without a long, potentially expensive court supervision process. These are some of the key estate planning strategies to bypass probate in the Keystone State. Establish a living trust...
Read MoreChallenges you may encounter while going through probate
The probate process may remain a mystery until a loved one’s death. Then you may find yourself thrown into this common court process armed with little to no insight. A will goes through probate in Pennsylvania regardless of the estate’s value. The probate process may follow a simplified path for...
Read MoreWhen do I need to change my will?
Creating a will can help your loved ones carry out your final wishes after you pass away, but what happens when a major life event changes the circumstances you already laid out in writing? Farm Bureau Financial Services reports that wills play many roles, from outlining financial directives to the...
Read MoreLooking at the benefits of special needs trusts
If someone in your family has special needs, you likely need to think about their well-being and the ways in which your estate plan will affect their future. For example, some people do not understand the potential consequences of receiving assets through certain types of estate plans as a disabled...
Read MoreHow first- and third-party special needs trusts differ
Many Pennsylvania parents of children with special needs consider creating special needs trusts. These important estate planning tools give you a way to leave assets behind for your child after your death while allowing your child to remain eligible for certain means-based forms of government help. The Special Needs Alliance...
Read MoreHow do you tell your family about your estate plan?
You may ask yourself what the next steps are after you create your estate plan. First, you must keep it updated to reflect your current life circumstances. But you should also let your loved ones know about its contents. Why? Because you have the chance to clear up possible misunderstandings...
Read MoreIs it worth it to contest a will?
Contesting a will means that you question the validity of it. You feel there is something in the will that is not legal or that the creation of the will somehow violates the law. When you contest a will, it occurs during probate. It will stop probate matters because the...
Read MoreShould you compose a power of attorney early?
It is natural to feel wary about creating a power of attorney. The idea of turning over your decision-making powers to someone else is not something to take lightly. Still, a power of attorney can be crucial and you want to have it ready at the earliest possible time. According...
Read MoreIs it possible to limit your estate tax liability?
An important part of the estate planning process in Pennsylvania is preparing to minimize any liabilities your estate may face upon your death. You can take steps to settle debts and avoid probate, but one expense that may seem inevitable is taxes. Fortunately, there is a way for you to...
Read MoreA comprehensive estate plan can address special circumstances
For Pennsylvania residents with assets, having a formal estate plan ensures that property goes to whom or where the owner wishes instead of the probate court making the decision. If you have a family, financial accounts, real estate and vehicle, a will is the first step toward safeguarding the contents...
Read MoreWhat should I expect when contesting a will?
Being cut out of a loved one’s will has many effects, both emotional and financial. You may feel wronged by the decision, especially if you were close to the person. You may also be concerned that the person’s wishes are not being followed by other family members, which can hurt...
Read MoreWhen should you update your estate plan?
Pennsylvania residents like you who already have an estate plan are one step ahead of the rest. But estate plan management does not stop at the creation of the plan. You must also update it often. An estate plan must reflect your life at its most current point. But are...
Read MoreAre professional guardians a good choice?
When assigning guardianship over an adult, the courts will always look to family members first. It wants to ensure what is best for the individual and the general thought is that family is the most likely to achieve that. However, AARP explains that when there is no family to serve...
Read MoreThe importance of witnesses in signing wills
It is not enough to compose and sign a will to make it a binding legal document. To protect against forgeries and fraud, Pennsylvania law also requires that a person who makes a will, known as a testator, should perform this act while in the presence of two witnesses who...
Read MoreWhat to know about advance health care directives
For the aging population, figuring out what to do if or when health declines becomes more of a priority. To have the most control in the event of incapacitation, or at the end of life, part of estate planning includes filling out an advance health care directive. This directive names...
Read MoreWhat is most important in an executor?
When Pennsylvania residents get started on estate planning, it is somewhat overwhelming. What should you take care of first? Where should you start? Today we will look at these complex questions and the possible answers to them. We will start with picking an executor for your will. This is one...
Read MoreHow to use trusts to protect wealth from tax, other threats
Some people in Pennsylvania might want to consider whether they should use a trust protector for their child’s trust. A trust can protect assets from a stepparent who might inherit them and pass them to their own children or from a spouse. However, a trust protector can step in if...
Read MoreWhen your residence changes, so should your estate plan
Estate planning is rarely urgent, but usually, when an estate plan is needed, it is already too late to create one. If you have established an estate plan, you have accomplished something that many people never get around to doing. However, you may not be done with estate planning forever....
Read MoreModifying an estate plan in Pennsylvania
Pennsylvania residents often revise their estate plans due to changing family situations or when changes are made to tax laws. Individuals sometimes pass away before they make important changes, but it may still be possible to revise estate plans that no longer serve their intended purpose. Trust documents can include...
Read MoreHow to talk about estate planning goals
For many families in Pennsylvania and throughout the country, it can be difficult to talk about money and mortality. However, by bringing up these topics in a sensitive manner, it can be possible to do so without starting any fights. Adult children who are thinking about discussing the future with...
Read MoreWhat are common reasons people give for challenging a will?
Creating a last will is an act that protects you, your wishes and the people that you love the most. Although many people find it unpleasant to spend time considering their future death, estate planning can often provide the peace of mind that comes from knowing their loved ones will...
Read MoreImprove estate plans with these simple tips
Music fans in Pennsylvania may remember learning about the estate problems that occurred after the passing of Aretha Franklin and Prince. Neither singer had an estate plan in place, causing legal battles and frustrated family members. Those who have worked hard and planned for retirement also need to make end-of-life...
Read MoreEstate planning changes require new focus
When it comes to estate planning in Pennsylvania, there are a number of things people should keep in mind besides having a will and one or more trusts in place. The creation of new asset categories and the passage of new regulations in recent years have changed the estate planning...
Read MoreCritical aspects of a power of attorney in estate plans
When crafting estate plans in Pennsylvania, there is much to consider. Frequently, people will concentrate on the basics like wills and trusts. However, some individuals can benefit from a power of attorney. Understanding the responsibilities that the agent will have when granted power of attorney is imperative. There are certain...
Read MoreEasy steps for creating an estate plan
Estate planning can be a difficult concept for many people in Pennsylvania and throughout the country. However, it may be easier to create a plan by breaking the process into different steps. The first step is to consider who the beneficiaries of the plan will be. For the most part,...
Read MoreNaming a trust as a beneficiary of an IRA
A common way for Pennsylvania residents to save for retirement is with an individual retirement account (IRA). The potential problem with setting up an IRA is that the account holder could pass away before having the opportunity to take out the money at the appropriate time. One possible solution is...
Read MoreUsing a trust in Pennsylvania
There are many different reasons to include trusts in an estate plan. These legal documents can be utilized to protect funds from the creditors of recipients and from being split up during a divorce. A trust could also manage and regulate investments and spending so that beneficiaries with faulty judgment...
Read MoreProtecting heirs from financial responsibility
Many parents expect to give their children or other heirs an inheritance but may be concerned that all the wealth they earned will be squandered by an irresponsible heir. There are several reasons this could happen, including bad financial habits, unhealthy relationships, and addiction issues. For parents in Pennsylvania, there...
Read MoreMisconceptions about estate planning
No Pennsylvania financial plan is complete if it does not include an estate plan. Estate planning is something many adults tend to avoid because it brings on thoughts of death and leaving loved ones behind. There are a number of misconceptions surrounding estate planning that people lean on to avoid...
Read MoreHow to do beneficiary designations right
It isn’t uncommon for Pennsylvania residents to use beneficiary designations for 401(k) or 403(b) assets. Designations can also be used on a variety of other assets, including cars, houses or boats. It is important that these designations are made carefully to avoid negative or unintended estate planning consequences. One common...
Read MoreAbout estate planning
Many people in Pennsylvania may find that estate planning can be a stressful process. Estate planning requires that people think about the end of their lives, which can be quite uncomfortable for some. It can also be stressful if the estate owner doesn’t understand the tools available to achieve their...
Read MoreIncluding revocable trusts in estate plans
Pennsylvania residents can use a revocable trust to bolster their estate plans. A revocable trust will continue indefinitely, ensuring the deceased grantor’s wishes regarding the handling an estate are honored. If the grantor is also the trustee of the trust, the provisions should address who should be the successor trustees...
Read MoreEstablishing trusts for children
Looking out for their children’s best interests, many parents in Pennsylvania put a sizeable amount of money in a trust that will provide for generations to come. However, these same parents may elect to keep the existence of this trust hidden from their children till they grow up. Parents who...
Read MoreEstate planning for the future
Pennsylvania residents may wonder what’s necessary to include as part of an estate plan. While thinking about the future may be a sensitive issue, it can also be an important means to make life easier for loved ones and ensure that a person’s wishes are carried out. Many people put...
Read MoreEstate planning lessons from the Bushes
While many people in Pennsylvania may not expect that they have much in common with George and Barbara Bush, the couple’s passing may lead people to consider some factors that could be important for planning their estates. It is a known phenomenon for long-term, older married couples to pass away...
Read More3 common living will mistakes
Living wills are an important aspect of estate planning. A living will is a document in which a person specifies what he or she wants to have happen when it comes to medical care in the event he or she loses the ability to make health care decisions. There are...
Read MoreEstate Administration: What if David Bowie died without a will?
Estate administration can be seamless with the right estate planning. With the recent deaths of rock stars David Bowie and Glenn Frey, of the Eagles and actor Alan Rickman, people may be wondering who will be inheriting the fortunes amassed during a lifetime of albums, performances and movies. While the...
Read MoreESTATE PLANNING IS THE MUST HAVE 2016 RESOLUTION
A New Year means new goals. Besides drinking less and working out more, most Americans do not consider updating their estate planning documents after the first of January rolls around. While this may seem more dreadful than the elliptical, it doesn’t have to be. If you know the important items...
Read MoreEstate Planning: How to be Prepared for an Unexpected Death
Why is estate planning so important? We can all probably agree that talking about or even thinking about death is something most would like to avoid at any cost. Death is never an easy subject. However, being prepared by having an estate plan can help make one of the most...
Read MoreSpecial Needs & Mental Health Resource Fair
Please join McMorrow Law at Representative Dan Miller’s 2nd Annual Children and Youth Disability and Mental Health Summit on Wednesday March 11th and Thursday March 12th at the Beth El Congregation, 1900 Cochran Road, Pittsburgh, PA 15220. Events are scheduled to begin at 10:00 a.m. on both days. McMorrow Law...
Read MorePA Advance Health Care Directives: Did Bobbi Kristina have one?
So who will decide Bobbi Kristina’s fate? Her father or Nick Gordon, her alleged husband? An advance health care directive would have made this situation a lot easier. Bobby Brown, Bobbi Kristina’s father, is keeping a vigil beside his daughter as she struggles for her life. A statement by Bobby...
Read MoreEstate Planning Matters: Robin Williams Did The Right Thing
Proper estate planning is crucial for every person no matter how big or small your estate is. After news spread of the tragic passing of famed actor Robin Williams, we also learned that Williams planned ahead with a trust for his children. According to TMZ, Williams enacted a trust where...
Read MoreEstate Administration: Who Gets Casey Kasem’s Estate?
In Estate Administration, dying without a will can be complicated. Casey Kasem, best known for his time as the “American Top 40” radio host, passed away one June 15, 2014 as a result of complications from dementia. He was 82 years old. Kasem is survived by his second wife, Jean...
Read MoreElder Law: Is selling the house to qualify for Medicaid the right decision?
A common misconception in Elder Law: “We’ll have to sell mom and dad’s house to pay for the nursing home.” It seems like the first thing everyone wants to do when a loved one needs long-term nursing care is to sell their house. They listen to friends, neighbors and pundits...
Read MoreEstate Planning: Revokable Trusts and Qualifying for Medicaid
Estate planning and medicaid. Why Revocable Trusts won’t help you qualify for Medicaid. John and Jane Doe executed a revocable trust in January 2004. Both of them were sixty-seven years old and in pretty decent health at the time. They figured, if they moved their money into a trust now,...
Read MoreMajor Elder Law Issue: Medicaid v. Medicare
Elder Law issue: Medicare vs. Medicaid: What is the difference? A common issue is Elder Law is medical coverage. Understandably, the difference between Medicare and Medicaid is confusing. The names are remarkably similar, they’re both government funded and run healthcare related programs and many people 65 and older utilize them....
Read MoreElder Law and Medicaid Eligibility: Do I qualify?
Important Elder Law Issue: Do I Qualify for Medicaid? “My dad is moving into a skilled nursing facility. How are he and mom going to pay for this?” We have heard this question and variations of it time and again. With the average cost of nursing home care around $8,800.00...
Read MoreAdvance Health Care Directives: Marlise Munoz Story
Advance Health Care Directives likely would have helped poor Marlise Munoz. Brain Death and Pregnancy – the Marlise Munoz Story Thirty-three year old Texan, Marlise Munoz, who was kept alive by a ventilator for over a month in John Peter Smith Hospital, was taken off of life support on January...
Read MoreEstate Planning Documents: Where Do I Keep Them?
Storing Your Estate Planning Documents One question estate planning attorneys are frequently asked is “Where should I keep my original documents?” Generally, the answer to that question is somewhere in your home that is waterproof, fireproof, and secure, yet easily accessible to your loved ones when they need access to...
Read MoreAdvance Health Care Directive and Living Will in Pennsylvania: Defining Death
Advance Health Care Directives and Living Wills in Pennsylvania Defining Death: Uniform Determination of Death Act Can a person be simultaneously dead and alive? One would think that it’s simple enough to define death. If your heart stops and you do not breathe, you are dead, right? For most of...
Read MoreWho Needs a Special Needs Trust?
Who needs a Special Needs Trust? Special Needs Trusts provide disabled individuals and their families with a way to protect assets, thereby allowing funds to be used to enhance the disabled individual’s quality of life to the highest extent possible. Who can or should have one of these estate planning...
Read MoreWhat is Elder Law?
“What is Elder Law?” When we tell people that we handle Elder Law cases, most people don’t have a real clear picture of what that means. Many just assume that we only have elderly clients, or that we can handle any case brought to us by an elderly individual. So...
Read MoreAnother Hollywood Estate Administration: Actor Paul Walker
Estate Administration: Fast and the Furious Star, Paul Walker, Dies in Car Crash at 40 Years Old Any one who has ever watched a Fast and the Furious movie was shocked over this past weekend to learn that one of the franchise’s stars, Paul Walker, was killed in car crash...
Read MoreEstate Administration & Will Contests, Part 2: Undue Influence
Estate Administration: Something Smells Funny Will Contest – Part Two: Undue Influence In part one of this blog on will contests, I discussed the issues with the estate of copper heiress Huguette Clark. Check out that post here (link to Part 1). Just to recap, Ms. Clark died leaving a...
Read MoreEstate Administration: Will Contests
Estate Administration: What’s in a Will Contest Series Something Smells Funny Will Contests – Part One: Lack of Capacity In 2011, 104 year old copper heiress Hugette Clark died, leaving an estate worth approximately 300 million dollars. Ms. Clark’s circumstance was unique, not only because of her outrageous wealth, but...
Read MoreEstate Planning & Pennsylvania Inheritance Tax
Estate Planning & Pennsylvania Inheritance Tax would have applied had the late actor, James Gandolfini, died in PA. “There’s an old Italian saying: F— up once, lose two teeth” In an earlier post, we discussed how James Gandolfini (a/k/a “Tony Soprano”) had an estate plan that could stick his beneficiaries...
Read MoreEstate Planning Disaster? Potential Federal Estate Tax Bill for Gandolfini’s Estate
Estate Planning Gone Wrong? The Federal Estate Tax due on James Gandolfini’s estate could be pretty stiff. ‘A wrong decision is better than indecision.’ Sorry, Tony, but in your case that may not be true. James Gandolfini, the actor who played the iconic mobster Tony Soprano, died unexpectedly at age...
Read MoreSpecial Needs Trust: Estate Planning for Your Disabled Child
When considering your estate planning options, why is a special needs trust necessary? Being a caregiver for an individual with special needs is a full-time job. It can be very hard to keep track of everything that they need from day-to-day, let alone take the time to plan for the...
Read MoreWhy do I need a will in Pennsylvania?
Why do I need a will ? In Pennsylvania, every person should have a will no matter how small or large your estate is. As we all know, there are two things in this life that are certain: death and taxes. Planning for your demise is something that you probably...
Read MoreThe Importance of Advance Health Care Directives vs. Living Wills
Why is an advance health care directive better than a living will in Pennsylvania? In June 2013, Nik Wallenda became the first man ever to walk across the Grand Canyon on a tightrope. In October of 2012, Felix Baumgartner jumped from a capsule on the edge of space, becoming the...
Read MoreEstate Planning for Same-Sex Couples in Pennsylvania
Estate planning for same-sex couples in Pennsylvania continues to be extremely important to protect your partner and your legacy. United States vs. Windsor, the landmark Supreme Court Case which landed a strong blow against the Defense of Marriage Act, was based on the unfair treatment of homosexual couples under the...
Read More