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According to AARP, people aged 60 and older owe upwards of
$290 billion in student loan debt. Thankfully, many federal student
loan borrowers have experienced payment reprieves for the past few years due to
multiple payment pauses enacted during the pandemic by the CARES
Act and other loan relief efforts.
These pauses on making payments for federal student loans
are ending in August 2023, however. Interest will resume accruing on paused
loans effective September 1, 2023, and student loan payments will be due in
October 2023. To help borrowers get back on track with their payments, the
Department of Education is implementing several programs.
Resuming Payments
One of the new initiatives is a
yearlong “return-to-repayment” program designed to get borrowers back into
active repayment status. Between October 2023 and September 2024, borrowers who
miss payments will not be considered delinquent. Their loans will not be
reported to credit bureaus as delinquent due to missed payments.
In addition, they won’t be considered to be in default.
Although interest will still accrue, it will not be capitalized. The idea
behind this program is to give borrowers time to contact their student loan
servicers, explore their options, and hopefully enroll in an affordable
repayment option.
Fresh Start Initiative
Additionally, the Department of Education is implementing a
“Fresh Start” initiative. This program provides borrowers who were in default
of their student loans before March 2020 with a way to get their loans out of
default going forward. It allows them to request that their loans be removed
from default and put back into repayment status via a simple request to their
loan servicer.
This is significantly different from what borrowers
previously had to do to get out of default, which often included a “trial”
repayment effort before a loan was taken out of default.
The benefits of the Fresh Start program include allowing
borrowers to:
Avoiding Administrative Wage Garnishment (AWG)
The ability to avoid AWG is significant. AWG can affect
people at all stages of life, including seniors. AWG allows a federal agency to
order a non-federal employer to withhold up to 15 percent of an employee’s
wages to pay a debt owed to the agency, such as defaulted federal student
loans. AWG can also mean receiving a lower tax refund or having a portion of
one’s monthly Social Security benefits withheld.
However, if borrowers take advantage of the Fresh Start
program prior to August 31, 2024, they can avoid a loan default that leads to
AWG.
The SAVE Plan
In addition, the Department of Education is implementing a
new IDR option in mid-2024 called the Saving on a Valuable Education (SAVE)
Plan. The SAVE Plan amends and replaces the REPAYE Plan.
Typically, the amount a student loan borrower with an IDR
plan must pay depends on their income and the size of their family. Effective
July 1, 2024, the SAVE Plan will protect more of a borrower’s income from
monthly payments. Compared with other IDR plans, the SAVE Plan will therefore
lead to reduced monthly payments. For details, check out this fact
sheet from the Department of Education.
Borrowers With Disabilities May More Easily Qualify for a
TPD Discharge
Effective July 1, borrowers with disabilities will have an
easier time qualifying for a total and permanent disability (TPD) discharge.
New rules allow the Department of Education to offer TPD discharges (often
automatically) to borrowers receiving SSDI or SSI who:
Disabled individuals who do not meet these criteria and wish
to apply for a TPD discharge based on a doctor’s certification may now seek out
certification from professionals beyond those holding an M.D. Nurse
practitioners, physician assistants, and osteopathic doctors may now sign the
certification verifying a borrower’s disability.
Borrowers who receive a TPD discharge in this manner will no
longer be subject to a three-year income monitoring rule. However, if they
apply for new federal loans within three years, they may lose their TPD
discharge.
Forgiven Student Loan Debt Won’t Result in Taxable Income
(For Now)
At the moment, student loan debt cancellation is not counted
as taxable income to borrowers. This protection from additional taxes will
remain in effect until December 31, 2025.
So, if you are considering applying for a TPD discharge or
completing an IDR plan you previously started that would lead to loan
forgiveness, now may be the time to act. However, note that this rule only
applies to federal tax liability. Borrowers may still have liability under
their state’s income tax rules.
Contact Sharek Law Office at 412-547-955 or click here to
schedule a complimentary 15-Minute Call to see how we can assist you.
This article is a service of Sharek Law Office, LLC. We don’t just
draft documents; we ensure you make informed and empowered decisions about life
and death, for yourself and the people you love. That's why we offer a Life and
Legacy Planning Session, during which you will get more financially organized than
you’ve ever been before, and make all the best choices for the people you love.
You can begin by calling our office today to schedule a Life and
Legacy Planning Session and mention this article to find out how to get
this $750 session at no charge. Please note this is educational content
only and is not intended to act as legal advice.
1. How Do Seniors Pay for Long-Term Care?Seniors pay for long-term care through personal savings and income, long-term care insurance, Medicaid, Veterans benefits, home equity, and family support. Medicare does not cover most long-term custodial care, so planning early matters.Common Ways to Pay Personal savings and income: Retirement accounts, pensions, Social Security, and investments. This is the most common source of payment. Long-term care insurance: Policies that reimburse care costs after a waiting period. Medicaid: A joint federal and state program for people with limited income and assets. Veterans benefits: Programs such as Aid and Attendance for eligible veterans and surviving spouses. Home equity: Selling the home, renting it out, or using a reverse mortgage. Life insurance and annuities: Some policies can be converted, sold, or paired with long-term care riders. Family contributions: Informal care or shared costs, ideally documented in a care agreement. Why Planning Early HelpsInsurance is cheaper and easier to qualify for in your 50s and early 60s. Medicaid planning also involves a five-year look-back on asset transfers in most states, so last-minute moves can trigger penalties. 2. What Does Medicare Cover for Senior Care?Medicare covers short-term skilled nursing after a qualifying hospital stay, part-time home health care, hospice, and medically necessary services. It does not cover long-term custodial care such as help with bathing, dressing, or assisted living room and board.What Medicare Covers Skilled nursing facility care: Up to 100 days per benefit period after a qualifying hospital stay of at least three days. Days 1 to 20 are fully covered; days 21 to 100 require a daily copayment. Home health care: Part-time skilled nursing and therapy for people who are homebound and under a doctor's care. Hospice: Comfort-focused care for those with a terminal illness and a life expectancy of six months or less. Medical equipment: Items such as walkers and hospital beds when medically necessary. What Medicare Does Not Cover Long-term custodial care in a nursing home Assisted living costs Non-medical, ongoing home care such as housekeeping and personal care Most adult day care Medicare Advantage PlansSome Medicare Advantage (Part C) plans add limited benefits such as meal delivery, transportation, or in-home support. Coverage varies by plan, so review the details. 3. Does Medicaid Cover Assisted Living or Home Care?Medicaid covers nursing home care in every state, and many states also help pay for home care and some assisted living services through waiver programs. It usually does not pay for room and board in assisted living, and availability varies by state.How Medicaid Helps Nursing homes: Covered nationwide for eligible individuals. Home and community-based services (HCBS) waivers: Help with personal care, adult day services, and in some states assisted living services. State plan personal care: Some states offer in-home help through regular Medicaid. Assisted Living and Room and BoardEven when a state covers assisted living services, residents typically pay for room and board from their own income. Waiver slots can be limited, and waiting lists are common. 4. What Is Long-Term Care Insurance, and Is It Worth It?Long-term care insurance pays for services like home care, assisted living, and nursing homes once you cannot perform certain daily activities or have cognitive impairment. It can be worth it for people with moderate assets who want to protect savings, but premiums can be high and may rise.How It Works Benefit trigger: Typically needing help with two or more activities of daily living, or having cognitive impairment. Daily or monthly benefit: The maximum the policy pays. Benefit period: How long payments last, such as two to five years. Elimination period: A waiting period, often 30 to 90 days, before benefits begin. Inflation protection: An option that helps benefits keep pace with rising care costs. Traditional vs. Hybrid PoliciesTraditional policies are stand-alone and pay only for care, and premiums can increase. Hybrid policies combine life insurance or an annuity with a long-term care benefit, often with fixed premiums and a death benefit if care is never needed. 5. How Much Should I Budget Monthly for Senior Care?Monthly senior care costs vary widely by location and level of care. As a rough guide, home care can run a few thousand dollars, assisted living about $5,000 or more, and nursing home care $9,000 to $11,000 or more. Always get local quotes.Typical Monthly Cost Ranges (U.S., Approximate) Type of care Rough monthly cost Adult day program $1,500 to $2,500 Home health aide or homemaker (44 hours a week) $5,000 to $6,500 Assisted living $5,000 to $6,000 Memory care $6,000 to $8,000 or more Nursing home (semi-private to private) $9,000 to $11,000 Figures are approximate and drawn from industry cost surveys; local prices can differ significantly.How to Build Your Budget Assess care needs: Ask a doctor or care manager what level of help is required. Get local quotes: Call several providers and ask exactly what is included. List all income: Social Security, pensions, retirement withdrawals, and benefits. Add hidden costs: Medications, supplies, transportation, entrance or community fees, and annual rate increases. Plan for increases: Care needs and prices tend to rise over time. Build a cushion: Set aside an emergency fund for unexpected changes. 6. Are There Financial Assistance Programs Available?Yes. Seniors may qualify for Medicaid, PACE, Veterans benefits, Medicare Savings Programs, SSI, food and energy assistance, and local Area Agency on Aging services. Eligibility depends on income, assets, location, and care needs.Programs to Explore Medicaid: Covers long-term care for those who meet income and asset rules. PACE (Program of All-Inclusive Care for the Elderly): Combines medical care and support services for eligible adults who qualify for nursing home level care and live in a service area. VA Aid and Attendance: An added monthly benefit for eligible veterans and surviving spouses who need help with daily activities. Medicare Savings Programs: Help pay Medicare premiums and sometimes cost-sharing. Supplemental Security Income (SSI): Monthly payments for people with very limited income and resources. SNAP and LIHEAP: Help with food and home energy bills. Area Agencies on Aging: Local meals, transportation, respite, and caregiver support. National Family Caregiver Support Program: Counseling, training, and respite for family caregivers. Application Tips Gather ID, income statements, bank records, and medical documentation. Apply to several programs at once. Ask about waiting lists and re-apply or follow up regularly. Disclaimer: This content is for educational purposes and is not legal or financial advice. Consult an elder law attorney, financial planner, or benefits counselor about your situation.
Hearing loss is common as we get older, but that doesn't mean it should be ignored. For many older adults, hearing changes happen gradually. They may not realize how much their hearing has changed, or they may become accustomed to asking people to repeat themselves, turning up the television, or avoiding conversations in noisy environments.Family members are often among the first people to notice that an older loved one may be having difficulty hearing. Recognizing the signs and approaching the subject with patience and understanding can make it easier for a senior to receive the hearing care they need.Understanding Hearing Loss in Older AdultsAge-related hearing loss can develop slowly over time. Rather than suddenly losing the ability to hear, an older adult may gradually have more difficulty understanding certain voices, following conversations, or hearing higher-pitched sounds.Hearing loss can affect more than the ability to hear words. It can make communication more challenging and may cause an older adult to miss important information or feel frustrated during conversations.Because hearing loss often develops gradually, a person may not realize that others are speaking normally while their ability to hear and understand has changed.Signs Your Loved One May Have Hearing LossFamily members may notice signs of hearing loss before an older adult recognizes them.Some common signs include: Frequently asking others to repeat themselves Turning the television or radio volume up very high Having difficulty following conversations Struggling to hear in restaurants or other noisy environments Frequently misunderstanding what people say Having difficulty hearing on the telephone Watching people's faces closely while they speak Complaining that everyone seems to mumble Avoiding social gatherings or group conversations Responding inappropriately because they misunderstood a question If several of these behaviors sound familiar, it may be worthwhile to encourage your loved one to have their hearing evaluated.Hearing Loss Can Affect More Than CommunicationIt can be easy to think of hearing loss as simply a problem with hearing conversations. However, communication difficulties can affect many areas of an older adult's daily life.Someone who struggles to hear may become frustrated when talking with family and friends. They may stop participating in group conversations because they cannot follow what is being said.Over time, an older adult may begin avoiding restaurants, community activities, family gatherings, or other social situations where hearing is difficult.Helping a loved one address hearing difficulties can make it easier for them to remain engaged with the people and activities they enjoy.Why Some Seniors Resist Hearing CareIt isn't unusual for an older adult to be reluctant to acknowledge hearing loss.They may believe that their hearing is "good enough," feel embarrassed about needing hearing aids, or worry that others will view them differently. Some people may also assume that hearing loss is simply an unavoidable part of aging.Family members should approach the conversation with compassion rather than criticism.Instead of saying, "You can't hear anything anymore," try explaining how better hearing could make everyday conversations easier and help your loved one stay connected with family and friends.Start the Conversation With UnderstandingTalking about hearing loss can be sensitive. Choose a quiet, comfortable time to discuss your concerns rather than bringing up the subject during a frustrating conversation.You might explain that you've noticed they are having difficulty hearing and that you would like to help them find out why.It can also help to make the conversation about their quality of life rather than focusing on what they are doing wrong.For example, you can point out that a hearing evaluation could help them hear conversations more comfortably at family gatherings, restaurants, or other activities they enjoy.Encourage a Hearing EvaluationIf you or your loved one notices signs of hearing difficulty, the next step is a professional hearing evaluation.A hearing evaluation can help determine whether hearing loss is present and provide information about the type and degree of hearing difficulty.Depending on the results, a hearing professional can discuss available options and help determine what may be appropriate for the individual's hearing needs and lifestyle.It's important not to purchase hearing aids simply because someone else has had success with a particular model. Hearing needs vary from person to person, so professional guidance is valuable.Hearing Aids May HelpFor some people with hearing loss, hearing aids can make communication easier.Modern hearing aids come in a variety of styles and features. A hearing professional can help determine which options may be appropriate based on an individual's hearing loss, lifestyle, comfort, and personal preferences.It can take some time for a person to adjust to wearing hearing aids. Family members can support the process by being patient and encouraging their loved one as they become comfortable with their devices.How Family Members Can Improve CommunicationEven when an older adult is receiving treatment for hearing loss, family members can make conversations easier.Try these simple communication strategies:Get Their Attention FirstMake sure your loved one knows you are speaking to them before beginning a conversation.Face Them When You SpeakFacing the person can make communication easier and allows them to see your facial expressions and other visual cues.Reduce Background NoiseTurn off the television or move to a quieter area when having an important conversation.Speak ClearlySpeak at a natural pace and avoid shouting. Speaking louder does not always make speech easier to understand.Be PatientGive your loved one time to process what you've said and respond. If they don't understand, try rephrasing the statement rather than simply repeating the same words louder.Don't Ignore Sudden Hearing ChangesWhile gradual hearing loss is common, sudden changes in hearing should not be ignored.If an older adult experiences sudden hearing loss, particularly in one ear, they should seek prompt medical attention. Sudden hearing changes can have different causes and may require urgent evaluation.Other symptoms such as dizziness, severe ear pain, drainage, or sudden neurological symptoms should also be evaluated by a healthcare professional.Hearing Care Can Help Older Adults Stay ConnectedHearing is an important part of maintaining relationships and participating in everyday life. When an older adult has difficulty hearing, the effects can extend beyond conversations.Families can play an important role by recognizing potential signs of hearing loss, approaching the subject with compassion, and encouraging professional hearing care.If you suspect that a parent, grandparent, spouse, or another loved one is experiencing hearing loss, don't wait until communication becomes extremely difficult. A professional hearing evaluation can provide valuable information and help your loved one understand their options.Darrell M. Sipe Opticians & Hearing Aids provides hearing care services designed to help individuals better understand their hearing needs and explore appropriate solutions.Better hearing can mean more meaningful conversations, greater participation, and more opportunities to stay connected with the people who matter most.If you're concerned about a loved one's hearing, start the conversation today. A hearing evaluation can be an important first step toward better communication and a better quality of life.
Our eyes allow us to enjoy many of life's most important momentsfrom seeing the faces of family and friends to reading a favorite book, driving, working, and enjoying the outdoors. As we age, however, changes in our vision become more common.Some changes are a natural part of getting older, while others may be related to eye diseases or other health conditions. The good news is that there are steps you can take to help protect your vision and support healthy eyes throughout your life.Here are some important ways to care for your eyes as you age.Schedule Regular Eye ExaminationsOne of the best things you can do for your vision is to have regular comprehensive eye examinations.An eye exam isn't only about determining whether you need a stronger prescription for your glasses. Your eye care professional can also evaluate the health of your eyes and look for signs of potential problems.Some eye conditions can develop without obvious symptoms in their early stages. Regular examinations can help identify changes early, when they may be easier to manage.Your recommended examination schedule may depend on your age, health, family history, medications, and individual eye-care needs.Don't Ignore Changes in Your VisionAs you get older, you may notice changes such as needing more light to read, having difficulty seeing at night, or experiencing increased sensitivity to glare.While some vision changes can be associated with normal aging, you should not ignore significant or unexpected changes.Contact an eye care professional if you experience: Persistent blurry vision Difficulty seeing at night New or increasing floaters Flashes of light Distorted vision Double vision Loss of peripheral vision A sudden change in your eyesight A sudden change in vision can require prompt medical attention, so don't wait to have it evaluated.Protect Your Eyes From the SunYour eyes are exposed to ultraviolet (UV) radiation throughout your lifetime. Protecting them from excessive sunlight is an important part of maintaining healthy eyes.When outdoors, wear sunglasses that provide 100% UVA and UVB protection. A wide-brimmed hat can provide an additional layer of protection.If you wear prescription glasses, prescription sunglasses can provide both vision correction and protection from bright sunlight. Polarized lenses may also help reduce glare from surfaces such as roads, water, and snow.Eat for Your Eye HealthA healthy, balanced diet supports your overall health and can contribute to healthy eyes.Include a variety of fruits and vegetables in your diet, particularly colorful produce and leafy green vegetables. Fish, nuts, and other nutrient-rich foods can also be part of a balanced eating pattern.If you are considering vitamins or supplements specifically for eye health, talk with your healthcare provider or eye care professional before taking them.Manage Your Overall HealthYour overall health and your eye health are closely connected.Certain conditions, including diabetes and high blood pressure, can affect the eyes. Following your healthcare provider's recommendations for managing these conditions is an important part of protecting your vision.Take prescribed medications as directed, attend recommended medical appointments, and discuss any new vision symptoms with your healthcare providers.Protect Your Eyes From InjuryEye injuries can happen at any age. Wearing appropriate protective eyewear can help reduce the risk of injury when working with tools, chemicals, machinery, or other materials that could potentially harm your eyes.Protective eyewear may also be appropriate for certain sports and hobbies.Don't assume that an activity is safe simply because you have done it many times before. A moment of protection can help prevent a serious eye injury.Take Breaks From Digital ScreensComputers, smartphones, tablets, and other digital devices are part of everyday life for many older adults.Spending extended periods looking at screens can contribute to digital eye strain. Symptoms may include tired eyes, dryness, headaches, and temporary blurry vision.Try following the 20-20-20 rule: every 20 minutes, look at something approximately 20 feet away for at least 20 seconds.Adjusting your screen position, brightness, and lighting can also make digital devices more comfortable to use.Avoid SmokingSmoking can negatively affect your overall health and is also associated with an increased risk of several eye-related problems.If you smoke, quitting can be an important step toward improving your overall health and supporting your long-term eye health.If you are interested in quitting, speak with your healthcare provider about resources that can help.Get Enough SleepYour eyes need rest, just like the rest of your body.Not getting enough sleep may contribute to tired, dry, or irritated eyes. Establishing a consistent sleep routine and giving your eyes a break throughout the day can help promote greater comfort.If you regularly experience significant eye discomfort or dryness, talk with an eye care professional.Review Your Medications With Your Healthcare ProviderAs we age, many people take medications for a variety of health conditions. Some medications can affect the eyes or cause changes such as dryness or blurred vision.Don't stop taking a prescribed medication on your own. Instead, talk with your healthcare provider if you notice new vision-related symptoms or have concerns about your medications.Keep Your Prescription Up to DateYour vision prescription can change as you age. Even if your glasses are still in good physical condition, the prescription may no longer provide the clearest vision possible.Signs that your prescription may need to be updated can include: Squinting to see clearly Frequent headaches Blurry vision Eye strain Difficulty reading Trouble seeing at night Difficulty seeing clearly at a computer An eye examination can determine whether your prescription needs to be changed.Be Aware of Age-Related Eye ConditionsAs we get older, the risk of developing certain eye conditions increases. These may include cataracts, glaucoma, age-related macular degeneration, and other conditions that can affect vision.Some of these conditions may not cause noticeable symptoms during their early stages. That's another reason regular eye examinations are so important.Your eye care professional can help you understand your individual risk factors and recommend appropriate care.Protecting Your Vision Is a Lifelong CommitmentYou can't prevent every change that may occur in your vision as you age, but you can take steps to support your eye health and identify potential problems early.Regular eye examinations, healthy lifestyle choices, UV protection, appropriate protective eyewear, and paying attention to changes in your vision are all important pieces of a long-term eye health plan.Don't wait until a vision problem begins interfering with your daily life before seeking help. If you've noticed changes in your eyesight or it's been a while since your last eye examination, consider making an appointment with your eye care professional.Darrell M. Sipe Opticians & Hearing Aids is committed to helping patients maintain clear, comfortable vision with professional eye care and quality optical services.Your eyes have been with you for a lifetime. Taking care of them today can help you continue to see the people, places, and experiences that matter most for years to come.
Comprehensive Special Needs Estate Planning & Special Needs Trusts in PennsylvaniaEstate planning for families with special needs children presents a unique set of financial, legal, and healthcare challenges that require the expertise of a special needs planning attorney. Not all estate planning lawyers understand the intricacies involved, but the experienced special needs estate planning attorneys at Entrusted Legacy Law are dedicated to ensuring your child with special needs is fully protected when you are no longer able to serve as their primary caregiver.We provide a full range of estate planning services tailored to families with special needs children in Pennsylvania. Our goal is to help you preserve assets for your childs future care while ensuring they remain eligible for essential government benefits like Medicaid and Supplemental Security Income (SSI). We assist in setting up special needs trusts (SNTs) to safeguard financial resources, appointing legal guardians and trustees, and identifying long-term care options to ensure your child receives the best possible support and housing solutions.Special Needs Trusts & Asset ProtectionOne of the most significant challenges in special needs financial planning is ensuring that your child has adequate resources without jeopardizing their eligibility for public assistance programs. Many families unknowingly risk disqualifying their child from essential benefits by leaving them a direct financial inheritance. Instead, the best strategy is to establish a special needs trust to provide financial security while preserving their access to Medicaid, SSI, and other government assistance programs.A properly structured special needs trust allows funds to be used for supplemental expensessuch as medical care, therapy, education, and personal carewithout affecting eligibility for disability benefits. However, the regulations governing these trusts are complex. Funds must be managed by a designated trustee and cannot be distributed directly to the beneficiary, as this could trigger disqualification from public benefits. Additionally, a child's needs evolve over time, making it critical to have a trust that can adapt to changing circumstances and legal requirements.By working with an experienced Pennsylvania special needs attorney, you can ensure that your childs special needs trust is legally sound, structured correctly, and customized to their specific requirements.Special Needs Planning for Families in PennsylvaniaAt Entrusted Legacy Law, we specialize in estate planning for children with disabilities, including Down syndrome, autism, cerebral palsy, and other developmental or intellectual disabilities. Our firm helps families create a comprehensive life care plan that provides financial security while safeguarding access to government benefits and essential support services.Whether you need help establishing a special needs trust, securing a legal guardian, or planning for long-term care and housing, our Pennsylvania special needs planning attorneys are here to guide you through every step of the process.Contact Entrusted Legacy Law today to start creating a sustainable, secure future for your child with special needs.
Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind. You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets. Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most. Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets. I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.
Pennsylvania Probate: What You Need to Know After the Passing of a Loved OneIf you are here to learn about Pennsylvania probate laws after the passing of a loved one, we first want to extend our sincere condolences. We understand that this is a difficult time, and we hope the information on this page provides clarity and helps minimize the legal and administrative challenges you may otherwise face.What Is Probate in Pennsylvania?Probate in Pennsylvania is a court-supervised legal process that ensures the transfer of assets from a deceased individual to their rightful heirs or beneficiaries. This process is essential for: Proving the validity of a will Appointing an executor (if there is a will) or an administrator (if there is no will) Inventorying and appraising estate property Paying outstanding debts, estate taxes, and creditors Distributing assets as directed by the willor by Pennsylvania intestacy laws if no will existsIn Pennsylvania, if a deceased person owned real estate or assets solely in their name, their estate must go through probate before assets can be legally distributed.The Downsides of Pennsylvania Probateand What You Can Do NextMany residents in Allegheny County, Butler County, Beaver County, Washington County, and Westmoreland County have heard that probate is a lengthy, expensive, and public process. Unfortunately, this is truewithout proper estate planning, probate can be costly and time-consuming.The best way to avoid probate in Pennsylvania is to plan ahead using strategies such as revocable living trusts, beneficiary designations, and joint ownership structures. However, if you are already in a position where probate is required, the best thing you can do is educate yourself and seek experienced probate legal assistance to complete the process as efficiently and cost-effectively as possible.How Is a Probate Case Started in Pennsylvania?Probate can be initiated by any beneficiary or creditor, but most often, the process begins when the Executor named in the will files the original will and a petition with the Pennsylvania probate court.If there is no will, a close relative of the deceased (such as a spouse, child, or sibling) typically files the petition to become the Administrator of the Estate.Choosing the Executor for a Pennsylvania EstateIf a valid will exists, the individual named as Executor will handle the probate processif they are eligible and willingIf no Executor is available or no will exists, any interested party (such as a family member) can petition the Pennsylvania Orphans' Court to be appointed as the Administrator of the Estate.Executor Compensation in PennsylvaniaUnder Pennsylvania probate law, Executors and Administrators receive compensation based on a percentage of the total probate estate value. This is designed to fairly compensate them for their time and effort in managing estate matters.However, Executors can be held personally liable for any mistakes made during the process. Given the complexity of Pennsylvania probate rules, its critical to work with a skilled probate attorney to avoid legal pitfalls.Do You Need to Go Through Probate If a Trust Exists?In most cases, no. If the deceaseds assets were properly titled in the name of a trust, probate is not required. Instead, the successor trustee will work with an estate planning lawyer to administer the trust and distribute assets.However, many families are surprised to learn that simply having a trust does not guarantee that probate will be avoided. Common mistakes include: The trust was not updated over time to reflect new assets. The decedents assets were never properly transferred into the trust.To ensure your estate plan works as intended, its important to work with an estate planning attorney who provides ongoing trust maintenance and reviews.Which Assets Are Subject to Probate in Pennsylvania?Assets that must go through probate include: Real estate, bank accounts, or investments owned solely in the deceaseds name Personal property and valuable assets without a beneficiary designationAssets that bypass probate include: Jointly owned property with Right of Survivorship Bank accounts or investment accounts with Transfer on Death (TOD) or Payable on Death (POD) designations Life insurance policies and retirement accounts with named beneficiariesHowever, some assets that normally bypass probate can still become subject to the process under certain circumstances. Consult with a Pennsylvania probate attorney to determine if probate applies to your specific situation.How Pennsylvania Intestacy Laws Distribute an Estate When There Is No WillIf no valid will exists, Pennsylvania intestacy laws dictate how the estate will be distributed:1 Spouse (If married, a portion or all of the estate goes to the spouse)2 Children (If the deceased had children, they inherit next)3 Parents (If there are no children, parents inherit)4 Siblings (If no spouse, children, or parents, siblings inherit)This highlights the importance of estate planningwithout a will or trust, the state determines who receives your assets.How Long Does Pennsylvania Probate Take?The timeline for Pennsylvania probate varies depending on the estates complexity. On average: Minimum of 12 months for simple cases Up to 2+ years for complex estates, disputes, or tax-related mattersWhat Are the Costs of Probate in Pennsylvania?Probate costs in Pennsylvania include: Attorneys fees (Based on estate size and complexity) Court filing fees Executor fees (set by Pennsylvania law) Appraisal and valuation fees Publication and administrative costsIn more complex estates, additional fees may apply, increasing probate expenses and delays.How to Choose the Right Pennsylvania Probate AttorneySelecting the right probate lawyer in Pennsylvania is crucial. Many general practice lawyers dabble in probate law, but only experienced probate attorneys have the knowledge to navigate complex estate matters efficiently. You do NOT have to use the attorney who prepared the will. You have the right to choose a specialized probate lawyer who understands the nuances of Pennsylvania estate law and can expedite the process. Avoid costly mistakes. Working with an experienced probate attorney prevents errors that could increase costs, cause delays, or result in legal disputes.Contact Entrusted Legacy Law for a Complimentary Pennsylvania Probate ConsultationIf youre ready to begin the probate process in Pennsylvania, our Allegheny County, Butler County, Delaware County, Montgomery County, Bucks County and Philadelphia County probate attorneys are here to guide you.Call us at 412-347-1731 to schedule a complimentary 15-minute consultation to determine your next best steps.During your consultation, we will: Answer your probate-related questions Provide guidance on estate administration Help you navigate the Pennsylvania probate process efficientlyWe are here to relieve the legal and administrative burden during this difficult time and ensure that your loved ones estate is handled with care.