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Life estates can be an excellent tool for Medicaid planning,
probate avoidance and tax efficiency, but there are potential problems to look
out for. Knowing the implications and risks of a life estate is essential in
determining whether it is appropriate for your situation.
In a life estate, two or more people each have an
ownership interest in a property, but for different periods of time. The person
holding the life estate -- the life tenant -- possesses the property during his
or her life. The other owner -- the remainderman -- has a current ownership
interest but cannot take possession until the death of the life estate holder.
The life tenant has full control of the property during his or her lifetime and
has the legal responsibility to maintain the property as well as the right to
use it, rent it out, and make improvements to it.
Life estates are excellent planning techniques in many
circumstances. They permit parents to pass ownership in their homes to their
children while retaining absolute possession of the property during their
lives. By executing a life estate deed, the property avoids probate at the
parents' deaths, is protected from a Medicaid lien, and receives a step-up in
tax basis.
However, there are potential issues that may arise with life
estates and it’s important to fully understand the following risks:
As with most planning tools, a life estate can be very useful with valuable benefits, but it’s not for everyone. In many cases, the potential problems outweigh the benefits. As the law in this area is complex, it’s important to talk to a lawyer who knows about this in-depth.
You finally did it. You signed the papers, got the binder, and checked Estate Planning off your list. But now what?If that beautifully prepared binder is collecting dust on a shelf, tucked in a drawer, or forgotten in a box, youre not alone. So many families work hard to create a plan, only to assume the job is done.Heres the truth: most estate plans fail. Not because you did anything wrong. Not because of a legal misstep. They fail because no one told you what to do after you sign. At Bellomo & Associates, we believe your plan should live and breathe alongside your life. The work doesnt end with the signature; it begins there. Here are the three key things you must do to make sure your estate plan works when your family needs it most. Update Your Plan RegularlyThink of your estate plan like a car. You wouldnt buy one and drive it for ten years without an oil change, right? The same idea applies here. Your plan needs regular check-ups to keep it running smoothly.Life changes. And when it does, your plan should reflect that. You should review your plan if:You got married or divorcedYou had a child or grandchildYou moved to a new stateYou bought or sold a home or businessEven if your circumstances havent changed, the laws might have. Or maybe the people you once trusted to step in for you have changed. We recommend reviewing your plan every 2 to 3 years, or sooner after any major life event. Thats why our clients love our maintenance program; its our way of walking alongside you through lifes changes. Fund Your TrustThis is where most estate plans quietly break down. You created a trust but did you put anything into it? If your trust isnt funded, meaning your assets arent properly titled, its just paper. Your family may still end up in probate court, facing delays, confusion, and extra costs. Heres a quick checklist to consider:Is your home deeded to your trust?Are your bank and investment accounts titled correctly?Do your retirement accounts and life insurance policies match your plan?Not sure? Were happy to help. We do this every day, and we love making it easy for our families. Educate Your HelpersNaming someone as a trustee, power of attorney, or executor is important. But if they dont know theyve been chosen or dont know what to do, it can lead to chaos at the worst time. Your helpers need to know:That theyve been named.What their role involves.Where are your documents?How to reach your attorney.We love it when clients bring their helpers to workshops or invite them to a quick meeting. One short conversation now can save your family from heartache later. Bonus: Give Yourself a Quick Check-UpAsk yourself these questions:Have I reviewed my plan in the past 2 years?Is my home titled in the name of my trust?Are my financial accounts correctly assigned?Do my agents or trustees know theyve been named?Do they know how to reach my law firm?If you answered no to even one, your plan might not work as you intended. But dont worry, you dont have to start from scratch. How We Help Keep Your Plan AliveAt Bellomo & Associates, we dont believe in one-and-done planning. Thats why we created our Maintenance Program, the Red Wagon Club. Its a simple, affordable way to keep your plan current and your family protected. As a member, youll receive:Annual plan reviewsUpdates for legal changesOngoing support to fund your trustEducational tools for your helpers24/7 access to your documents through our secure client portalBecause your life isnt standing still, and neither should your plan. Bottom LineYouve already done the hard part. You got the plan in place. Now lets make sure it works the way you intended. Pull that binder off the shelf. Lets dust it off together and make sure your legacy is protected for the people you love. Register for a Workshop to review your plan or learn how we help families like yours every day. Wed love to see you.
Falls are the leading cause of injury among older adultsand they often result in long-term consequences like hip fractures, reduced independence, or the need for assisted living. In fact, one in four seniors over the age of 65 falls each year. For families across Western Pennsylvania, where many seniors are still living at home in older houses with stairs, uneven flooring, or poor lighting, fall prevention isnt just a health concernits a quality-of-life issue.At CarePatrol of Western PA, we work closely with families to ensure their loved ones can age safely at homeor transition to the right level of care when needed. Whether your parent lives in Mt. Lebanon, Monroeville, Cranberry Township, or Beaver County, this local checklist can help you make the home a safer place.Why Fall Prevention Matters in Western PAMany homes in Western PA were built decades ago and may include: Narrow hallways or staircases Multi-level layouts with multiple steps between rooms Slippery basement laundry areas Aging outdoor walkways affected by freeze-thaw cycles These architectural quirks, combined with common age-related changes like decreased balance, vision loss, and slower reaction times, create a perfect storm for falls. The good news? Most falls are preventable with a proactive approach.Common Risk Factors for Falls Among SeniorsUnderstanding what contributes to falls can help families take targeted action. Some of the most common risk factors include: Poor lighting Loose rugs and cords Cluttered walking paths Poorly fitting footwear Lack of grab bars or handrails Medication side effects (e.g., dizziness or drowsiness) Declining strength, balance, or vision By addressing these factors, you can reduce the chance of an accidentand the stress that comes with it.Designed for Western PA HomesBelow is a practical checklist you can use to assess your loved ones home. Aim to complete this with themideally before winter sets in or before a health event forces changes.When to Consider Additional SupportIf your loved one is already struggling with balance, vision, or recovering from a fall, it may be time to consider more structured helpeither through in-home caregivers or a transition to assisted living.Here are a few red flags that the home may no longer be a safe environment: Multiple falls in the past 6 months Difficulty navigating stairs or walking without support Missed medications due to mobility issues Isolating at home due to fear of falling Home is too difficult to modify (e.g., steep staircases, inaccessible bathroom) At CarePatrol, we can help you assess the home environment, care needs, and explore safer living optionsall at no cost to your family.Youre Not in This AloneFall prevention isnt about taking away independenceits about preserving it. The sooner your family takes action, the longer your loved one can live safely, whether at home or in a community designed for their needs.At CarePatrol of Western PA, were here to help families from Butler to Greensburg, Washington to Beaver make safer, smarter decisions about aging well. Our local advisors can assess your loved ones risk for falls, recommend in-home care, and guide you through transitions to senior living when appropriate.Ready to Take the First Step?Lets prevent the next fall before it happens. Contact CarePatrol of Western PA today for a free care consultation and home safety discussion.
Choosing the best support for an aging loved one in New Castle, PAor in nearby Hermitage, Sharon, Butler, Cranberry Township, or Beaver Fallscan feel overwhelming. Many families wonder: Is in-home care the right solution for our unique situation? With so many options and emotions involved, its easy to feel uncertain about where to start. CarePatrol of Western PA is here to provide trusted, compassionate guidance at no cost to you, helping families understand in-home care solutions and make confident, informed decisions.Why Understanding In-Home Care MattersDeciding on senior care is one of the most important choices your family will make. In-home care allows older adults to remain in the homes and communities they love, surrounded by cherished routines and familiar faces. Whether your loved one lives in Butler or enjoys community events in Cranberry Township, understanding what in-home care truly offersand how it fits your familys needsis essential. CarePatrols local Senior Care Advisors help families in New Castle and surrounding areas navigate these decisions with empathy and expertise.Key Signs In-Home Care May Be the Right Choice Increasing difficulty with daily activities: Struggles with tasks like bathing, dressing, or preparing meals may signal that extra support is needed. CarePatrol helps assess these needs and explains how in-home care can provide personalized assistance. Desire to stay independent: Many seniors in Hermitage and Sharon value their independence and wish to remain at home. In-home care preserves this autonomy while ensuring safety and comfort. Family caregiver stress: If family members are feeling overwhelmed by caregiving responsibilities, in-home care offers peace of mind and respite. Our advisors discuss ways to support both seniors and their loved ones. Changing health needs: As medical or mobility needs evolve, in-home care services can be adjusted. CarePatrol guides families in evaluating when and how to scale support. Social connection and engagement: Remaining involved in community activitiesfrom volunteering in Beaver Falls to attending church in Sharonis easier with the right in-home support. We help families find care that keeps seniors connected. How CarePatrol Guides Your In-Home Care JourneyChoosing in-home care is a deeply personal decision. CarePatrol of Western PA offers senior care advisory services at no cost to you and the families we serve, helping you understand all available options. Heres how we support your family: Personalized care assessments: Our local Senior Care Advisors meet with you in-person to learn about your loved ones preferences, routines, and care needs. Education on in-home care solutions: We explain the types of in-home care available in New Castle and surrounding communities, from companionship to skilled care. Guidance on provider selection: We help you evaluate local in-home care providersso you can feel confident in your choice. Support every step of the way: From your first questions to ongoing check-ins, CarePatrol is your trusted guide throughout the care journey. Our goal is to ensure your loved one thrives at homesafely, comfortably, and with dignitywhile giving your family peace of mind.Frequently Asked Questions About In-Home Care in New Castle, PAWhat services are included with in-home care?In-home care can include help with daily activities, meal preparation, medication reminders, companionship, light housekeeping, and in some cases, coordination with healthcare professionals for skilled care.How do I know if my loved one needs in-home care?If your loved one is struggling with daily tasks, experiencing isolation, or if family caregivers are feeling overwhelmed, it may be time to explore in-home care options. CarePatrol offers no-cost care assessments to help you determine the best fit.Is in-home care only for those with serious health conditions?Nomany seniors benefit from in-home care for companionship, help with chores, or occasional support, even if they do not have complex medical needs.How does CarePatrol help with the in-home care process?CarePatrol provides expert, compassionate guidance at no cost, helping families understand their options, assess needs, and connect with trusted in-home care providers in New Castle, Hermitage, Sharon, Butler, Cranberry Township, and Beaver Falls.Find Peace of Mind With Local Senior Care Guidance Navigating senior care decisions doesnt have to be stressful. With CarePatrol of Western PA, you have a knowledgeable, compassionate partner by your sideoffering personalized guidance and support at no cost. Explore our guidance on In-Home Care options or speak with a Local Senior Care Advisor today to discover the best path forward for your loved one.
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.
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 and Butler 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.
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.