For more information about the author, click to view their website: Entrusted Legacy Law
Caring for a loved one with dementia is a challenge that millions of families undertake each year. As a caregiver, understanding how a dementia diagnosis affects your loved one’s legal decision-making is crucial to ensuring their wishes are honored and that you are providing them with the best possible care.
In this blog, we'll explore the importance of estate planning, even after a dementia diagnosis, as the best method to ensure the wishes and rights of your loved one are protected.
Understanding Incapacity
Dementia is a progressive condition that affects memory, cognition, and daily functioning. As dementia causes your loved one's cognitive abilities to decline, there may come a time when they are no longer able to make sound decisions about their finances, healthcare, and overall well-being.
When the effects of dementia make it difficult for a person to understand information and make sound decisions, that person is considered to be incapacitated, which means they can no longer legally make healthcare or financial decisions for themselves. This change in their memory and cognition can be emotionally overwhelming for both your loved one and your whole family, and without proper planning, can require court involvement.
But, there’s still some good news. Thoughtful estate planning can ensure that your loved one is cared for by the people they know and trust if they can no longer care for themselves, and even if you’re loved one has already been diagnosed with dementia, it is still possible for them to create a legally-binding estate plan during the early stages of the disease.
Estate Planning In The Early Stages of Dementia
Every adult should create certain legal documents to protect their rights and wishes, and this is no different for a loved one with a dementia diagnosis. What is important to remember is that in order to create a legal document, you need to have mental capacity – meaning you need to be fully aware of what you are doing and what the consequences of your choices will be.
Thankfully, a person does not need to constantly be in a state of capacity to create an estate plan. As long as your loved one has the mental capacity at the moment they sign their estate plan documents, the documents will be valid, even if they regress into a state of incapacity afterward.
In the early stages of dementia, and ideally long before any health problems surface, your loved one should create the following estate planning documents:
A General Durable Power of Attorney (POA) is a legal tool that allows your loved one to appoint someone to make financial and legal decisions on their behalf. Their POA can write checks, pay bills, maintain their home, and manage their financial assets.
This document becomes especially significant as dementia progresses. Encourage your loved one to designate a trusted individual as their Power of Attorney while they are still able to make such decisions.
A General Durable Power of Attorney is an important tool, but many financial institutions place constraints on the use of a POA or don’t acknowledge their authority at all. To make sure your loved one has complete protection of their financial wishes, encourage them to establish a Revocable Living Trust and move their assets into the name of the Trust.
As part of creating a Trust, your loved one will name the person they want to manage their assets, called the Trustee. The Trustee and Power of Attorney are usually the same person, but not always. By having these two estate planning tools in place, you can rest assured that the people your loved one knows and loves will be able to manage their assets for them as their dementia progresses.
Similar to a General Durable POA, a Power of Attorney for Healthcare (HPOA) appoints someone to make medical decisions on behalf of your loved one when they are unable to do so for themselves. Discussing and establishing a Healthcare Power of Attorney early on allows your loved one to express their medical preferences and ensures their wishes are honored.
Their Power of Attorney for Healthcare should also include a Declaration to Physicians, also called a Living Will, that outlines their desires regarding medical treatment, life support, and end-of-life care. Creating a Declaration to Physicians and discussing their wishes with you ensures that their preferences regarding life-sustaining treatment, resuscitation, and other medical interventions are documented and respected.
Plan As Early As Possible
One of the most crucial steps in preparing for the challenges of dementia is to help your loved one complete their estate planning while they still have the capacity to do so. Waiting until the later stages of the disease can limit their options and increase stress for everyone involved.
By addressing legal matters early on, you can ensure that your loved one's wishes are respected, and their affairs are managed.
As dementia progresses, estate planning must become more proactive and strategic than ever to avoid court and conflict over your loved one’s wishes in the future. If dementia becomes too advanced before planning is complete, the question of who will manage your loved one’s assets and care will be left to a judge who doesn’t know your loved one or their wishes. Keep reading to learn what steps need to be considered when estate planning for someone with more advanced dementia.
Seek a Cognitive Evaluation
If your loved one’s cognitive capacity is in question, seeking a professional evaluation is a prudent and proactive step in the estate planning process. Schedule an appointment with your loved one's primary care physician or a specialist in dementia care to assess their mental state and make a recommendation on your loved one’s ability to make estate planning decisions.
During this evaluation, the medical professional will talk to your loved one and ask them questions about their everyday life, how aware they are of their circumstances, and what they would do in certain situations, such as if a stranger came to the door or if a pipe burst in their home.
Your loved one doesn’t need to remember every detail about their life for the evaluation to be beneficial. The professional will be most concerned with your loved one’s ability to analyze a scenario and make a thoughtful decision on how to respond. For example, your loved one may not remember what day of the week it is but may remember they shouldn’t open the door for a stranger.
Receiving a report from your loved one’s doctor stating they have the cognitive ability to make estate planning decisions (at least when they are in a lucid state) protects their ability to make decisions for their finances and healthcare, and dissuades any future debate from third parties as to whether your loved one had the ability to make a plan in the first place.
Encourage Private Meetings Between Your Loved One and Their Lawyer
It may be second nature to help your loved one with appointments, especially if hearing and memory troubles make it difficult for your loved one to follow along. But as much as possible, allow your loved one to meet with their lawyer independently. A private meeting between your loved one and their lawyer will provide them with the opportunity to express their wishes without external influence.
Even if you have your loved one’s best intentions at heart and they would prefer to have you present during the meetings, encouraging your loved one to have private conversations with their lawyer when possible helps avoid questions about whether or not you influenced their estate planning decisions.
If it isn’t feasible for your loved one to have an entire meeting with their lawyer alone, make sure they at least have opportunities to talk to their attorney in private by leaving the room while your attorney confirms their wishes.
Be sure to document every time your loved one meets alone with their lawyer and ask their lawyer to document it as well.
Make Sure Their Estate Plan Is Executed Carefully
Unfortunately, errors that occur at the time an estate plan is signed are common. Every state has different laws for how estate planning documents are executed, how they can be signed, and what witnesses or notaries are required to make the document binding.
If your loved one’s plan isn’t executed properly, it can result in your family needing to involve a judge to determine whether the estate plan is still valid. This also creates an opportunity for family members to question whether your loved one had the mental capacity to create the plan at all.
It’s also essential to document your loved one’s capacity at the time the estate plan documents are signed. Make sure that their lawyer reviews the documents carefully with your loved one before they sign them, that the documents reflect your loved one’s wishes, and that your loved one is creating the plan of their own free will.
If you have any concerns about other family members questioning your loved one’s estate planning decisions or mental state at the time, ask your loved one and their attorney if they could record the signing meeting to dispel any claims that your loved one was coerced into planning or didn’t know what they were signing.
Conclusion
If your loved one received a dementia diagnosis and hasn’t addressed their legal matters, don't despair - but act fast. Even in the advanced stages of dementia, individuals may have moments when they can participate in decision-making and estate planning. But, due to the progressive nature of dementia, time is of the essence for your loved one to create an estate plan, and the sooner they plan, the easier it will be for them to get the help they need as their condition progresses.
In cases where your loved one’s capacity is severely diminished and estate planning hasn’t been completed, your family will need to pursue a court guardianship. This legal arrangement involves a court appointing a legal guardian who assumes responsibility for making decisions on behalf of the person with dementia. This process can be stressful, and it’s possible the court will appoint someone your loved one never would have wanted to manage their assets or healthcare decisions.
Have you ever heard horror stories about families fighting over Grandma's jewelry or getting stuck in a never-ending legal battle after someone passes away? Or about how long it can take to sell a house tied up in the court process? What about family members being denied their inheritance completely? Unfortunately, these situations happen every day. Not even the rich and famous are immune! A simple Google search will pull up dozens of celebrity stories about all the conflict that ensues after they die.But most people dont realize these things are avoidable - if you understand the process. So, if youve thought about creating a will or trust to avoid these outcomes, lets ensure youre fully aware of whats at stake first. Well use a food analogy throughout this article, so our apologies if we make you hungry.Lasagna as an Example of the Difference Between a Will or Trust and an Estate PlanLets start by getting really clear on what were talking about. Youve probably heard the term estate planning numerous times, but do you really know what it is? Contrary to what you may have heard or read about, estate planning and the documents involved - such as a will or trust - are not quite the same thing. Think of your favorite recipe. Well use lasagna as an example. A lasagna recipe includes a few different components: the ingredients needed to make the dish, how much of each ingredient you need, and the steps you have to take to transform the ingredients into a dish. Without the steps, the ingredients are just ingredientsthey dont create anything. Estate planning is similar. Your estate plan is the recipe, and the documents are the ingredients. A will or trust may be the pasta or the sauce, but they are not the lasagna. Sure, theyre necessary components of the lasagna, but without the other ingredients and steps, theyre just pasta and sauce. Same with estate planning. If you just create a will or trust, you have documents that are just documents. They dont do anything by themselves.That most people think the documents ARE the estate plan is a common misconception based on a lack of knowledge. Too many people are focused on the documents, even many lawyers, and so think all they need to do is create those documents, sign them, and call it a day. Even so-called financial experts will tell you this. And theres a whole new tech industry based on this premise, with do-it-yourself programs like LegalZoom. AI has even joined the fold.Every single one of these people and companies is talking about the documents, or the ingredients. They are not telling you about the recipe. They are not showing you how to make the lasagna, but rather, theyre telling you about some (not even all) of the ingredients you need. What results are the big messes mentioned above: families in court and conflict, fights over sentimental items, long wait times to sell a house or distribute any of the assets, and even big, unnecessary tax bills. To truly protect your loved ones and ensure your wishes are carried out the way you want, as easily as possible for the people you love, you need a comprehensive estate plan, not just the documents. The plan lays out not only the ingredients you need, but also in what amounts, and what actions must be taken to make the lasagna.If you havent created a comprehensive plan of your own, or your current plan fails for any reason, know that theres a plan already made for you. Its a plan laid out in your States law, and it may be very different from what you want. Your States Recipe for Lasagna May Be GrossTo illustrate the difference between the States plan for you and one you can create for yourself, lets get back to our lasagna example.Lets say the States recipe for lasagna includes spicy sausage, but you cant tolerate spicy foods. The states plan may contain meat, but youre a vegetarian. Or, it could be that the States recipe includes mushrooms, but your child is allergic to mushrooms. Some ingredients may be missing altogether, and the recipe will probably tell you that you cant even cook the lasagna for months, or even years (goodness, your family will be hungry!). Whatever the situation, its possible that the States plan includes some component that you dont like, or even one that could be disastrous to your family. In reality, your states plan says how your assets will be distributed, who will get them and in what amounts. It requires a court process, which can be lengthy and expensive, and sometimes assets are frozen until the court process is over. Its also set up for conflict, as your family members - even if youre estranged - are required to get notice of the court proceeding, what assets you have, and are invited to make a claim for your assets. You may not like any of this.If not, heres the good news. The law also says you can create your own plan and decide on your own who you want to inherit your assets and how. If you create your own plan, you get to decide to give money to charitable causes that matter to you, which the States plan does not allow for. And if you create your own plan, you can also decide whether you want your loved ones to go through the court process. Yes, the court process can be optional. What Recipe Do You Want to Use?By creating your estate plan, you get to choose your lasagna recipe. You get to choose whether you want meat or veggie, mild or spicy sausage. You get to exclude ingredients your family members may be allergic to. You even get to decide if you want to share your lasagna with someone else. And you get to decide when to cook the lasagna, whether you want it to be eaten tonight or assembled, frozen and saved for another day. Its entirely possible that you dont think the States recipe is gross and you wouldnt change a thing. But you wont know that until you know the details of the States plan and how those details pertain to you, your assets, and your family. Or it could be that you think the States recipe is completely gross and you want to pick one that you and your family like. Either way, know what you want to create and be clear on how to do it, and do it correctly. Luckily, we can help. How We Help You Get it RightWeve seen too many families suffer negative, yet unnecessary, consequences after a loved one dies. And if you havent experienced it yourself, chances are you probably will. But with the proper education, beginning with correcting the misconception that estate planning and the documents involved are one and the same, we believe we can break the cycle of strife. As an Estate Planning Law Firm, we start with education so you are clear on what the States plan is for you, and what you can do to create your own plan that aligns with your values, your goals, your family, and most importantly, that it works when you need it to. We call it Life & Legacy Planning, and once youve created your Life & Legacy Plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected. Book a call with us today to learn more.Contact Entrusted Legacy Law at 412-347-1731 or click here to schedule a complimentary 15-Minute call.
Losing a loved one is always challenging, and handling their affairs can add to the emotional toll. If the deceased was a Pittsburgh Steelers season ticket holder, you might need to transfer their seat license. This guide will walk you through the process, ensuring you understand what needs to be done and how to do it smoothly.A Pittsburgh Steelers Seat License, also known as a Personal Seat License (PSL), gives the holder the right to purchase season tickets for specific seats at Acurisure Stadium (Heinz Field). This license can be transferred to another person, including after the death of the original holder.Step-by-Step Guide to Transferring a Seat LicenseStep 1: Locate the Necessary DocumentsBefore you begin the transfer process, gather the following documents:Death Certificate: An official copy of the death certificate of the deceased.Proof of Relationship: Documentation proving your relationship to the deceased, such as a birth certificate, marriage certificate, or will.PSL Certificate: The original PSL certificate, if available.Legal Authorization: If you are the executor or administrator of the estate, obtain the necessary legal documents, such as Letters Testamentary or Letters of Administration.Step 2: Contact the Pittsburgh Steelers Ticket OfficeReach out to the Pittsburgh Steelers Ticket Office to inform them of the death and your intention to transfer the seat license. The contact details are:Phone: 412-323-1200Email: ticket.office@steelers.comAddress: Pittsburgh Steelers Ticket Office, Heinz Field, 100 Art Rooney Avenue, Pittsburgh, PA 15212The ticket office will provide you with the necessary forms and instructions for the transfer process.Step 3: Complete the Transfer FormsThe Steelers Ticket Office will provide specific transfer forms that need to be completed. These forms typically include:Transfer Request Form: This form requires details about the deceased, the current seat license holder, and the person to whom the license is being transferred.Affidavit of Survivorship: If the transfer is to a surviving spouse or close relative, an affidavit may be required to confirm the relationship.Estate Documentation: If you are the executor or administrator, you may need to provide a copy of the will, Letters Testamentary, or Letters of Administration.Step 4: Submit the DocumentsSubmit the completed forms along with the necessary documents to the Steelers Ticket Office. This can usually be done via mail, email, or in person. Ensure all documents are complete and accurate to avoid delays.Step 5: Pay Any Applicable FeesThere may be fees associated with the transfer of a seat license. The Steelers Ticket Office will inform you of any charges that need to be paid. These fees can typically be paid by check, credit card, or money order.Step 6: Confirm the TransferOnce the forms and documents have been submitted and processed, the Steelers Ticket Office will confirm the transfer. They will provide you with a new PSL certificate in the name of the new license holder. This process can take several weeks, so be patient.Special ConsiderationsLegal and Financial ImplicationsEstate Planning: Its a good idea to include PSLs in estate planning. Clearly stating in the will who should inherit the seat licenses can simplify the transfer process.Tax Implications: Transferring a seat license may have tax implications. Consult with a tax advisor to understand any potential liabilities.Disputes: In case of disputes among heirs, it may be necessary to seek legal advice to resolve the issues amicably and according to the deceaseds wishes.Keeping the Seat License ActiveWhile the transfer process is underway, its important to keep the seat license active. Ensure that any outstanding payments or renewal fees are paid promptly to avoid losing the license.Selling the Seat LicenseIf the heirs decide not to keep the seat license, they may choose to sell it. The Pittsburgh Steelers provide a marketplace for buying and selling PSLs. Contact the ticket office for more information on how to list the seat license for sale.Tips for a Smooth TransferStay Organized: Keep all documents and forms organized and easily accessible. This will help streamline the transfer process.Communicate Clearly: Maintain clear communication with the Steelers Ticket Office and any involved parties. Promptly provide any additional information or documentation requested.Seek Professional Advice: If you are unsure about any part of the process, seek advice from legal or financial professionals who specialize in estate planning and administration. Transferring a Pittsburgh Steelers seat license after someones death involves several steps, but it can be managed smoothly with the right information and preparation. By following this guide, you can ensure that the transfer process is handled correctly, honoring your loved ones legacy and preserving their cherished seats at Heinz Field.Understanding the requirements, staying organized, and seeking professional advice when necessary, can make the process much easier. Whether you choose to keep the seat license within the family or sell it, knowing how to navigate the transfer process will help you make informed decisions and carry out your loved ones wishes effectively.Contact Entrusted Legacy Law at 412-294-9498 or click here to schedule a complimentary 15-Minute call.
Timeshares can be a source of enjoyable vacations for many families. However, they can become a complicated burden after the owner passes away, particularly in Pennsylvania. This blog post will explain why timeshares are problematic after someone dies, the legal and financial issues involved, and provide guidance on how to navigate these challenges.What is a Timeshare?A timeshare is a property with a divided form of ownership or use rights. These properties are typically resort condominium units, where multiple parties hold rights to use the property, and each owner is allotted a specific period of time in which they may use the property. Timeshares can be deeded, meaning the owner holds actual ownership of the property for the designated time, or right-to-use, which means the owner has the right to use the property for a specific time each year for a set number of years.Why Timeshares Can Be ProblematicOngoing Financial Obligations: Timeshares come with annual maintenance fees, property taxes, and special assessments. These obligations do not disappear upon the owners death. The estate or heirs may be responsible for these fees, which can be a financial burden.Complicated Ownership Transfers: Transferring ownership of a timeshare is not as straightforward as transferring other types of property. Timeshares often come with specific rules and regulations set by the resort or timeshare company, which can complicate the transfer process.Diminished Value and Marketability: Timeshares generally do not appreciate in value like traditional real estate. In fact, they often depreciate, making them difficult to sell. Heirs may find it challenging to find a buyer willing to take on the financial obligations associated with the timeshare.Legal Complexity: The process of transferring a timeshare after death involves probate in multiple states, which can be a lengthy and complicated legal procedure. Additionally, if the timeshare is located in another state or country, different laws and regulations may apply, further complicating the process.Steps to Address Timeshare Issues After DeathReview the Timeshare Agreement: The first step is to thoroughly review the timeshare agreement and any related documents. This will help you understand the specific terms and conditions, including the process for transferring ownership and any associated costs.Consult with an Attorney: Given the complexity of timeshare ownership and the probate process, its advisable to consult with an attorney who specializes in estate planning and probate law. They can provide guidance on how to handle the timeshare and ensure all legal requirements are met.Notify the Timeshare Company: Contact the timeshare company to inform them of the owners death. They will provide information on the necessary steps to transfer ownership or terminate the agreement.Assess the Financial Impact: Evaluate the financial impact of keeping or selling the timeshare. Consider the annual fees, potential resale value, and any penalties for terminating the agreement. This will help you make an informed decision about whether to keep or dispose of the timeshare.Explore Transfer Options: If you decide to keep the timeshare, work with the timeshare company to transfer ownership to the designated heir. If you wish to sell or terminate the timeshare, explore options such as selling through a reputable resale company, transferring it to another party, or negotiating a termination with the timeshare company.Alternatives to Keeping the TimeshareSelling the Timeshare: Selling a timeshare can be challenging, but its possible. List the timeshare with a reputable resale company or timeshare broker. Be prepared to sell at a loss, as the resale value of timeshares is typically lower than the original purchase price.Renting the Timeshare: If selling is not an immediate option, consider renting out the timeshare to cover the annual fees and maintenance costs. This can provide a temporary solution while you explore other options.Negotiating a Termination: Some timeshare companies offer options for terminating the agreement. This may involve paying a fee, but it can relieve the heirs of future financial obligations. Negotiate with the timeshare company to see if this is an option.Charitable Donation: In some cases, it may be possible to donate the timeshare to a charity. This can provide a tax deduction and eliminate the financial burden. However, not all charities accept timeshares, so research potential organizations thoroughly.Tips for Preventing Timeshare IssuesInclude Timeshares in Estate Planning: Proactively include timeshares in your estate planning. Specify who will inherit the timeshare and provide instructions on how to manage it. This can help prevent confusion and legal complications after your death. By having a revocable living trust you can avoid probate in multiple states to deal with timeshares.Discuss with Heirs: Have open discussions with your heirs about the timeshare. Ensure they understand the financial obligations and determine if they are willing and able to take on these responsibilities.Consider Exit Options: If you anticipate that your heirs may not want to inherit the timeshare, explore exit options while you are still alive. This can include selling, donating, or negotiating a termination with the timeshare company. Timeshares can be a source of enjoyment during ones lifetime but can become a burden for heirs after the owners death. Understanding the potential problems and taking proactive steps to address them can help ease the transition and reduce stress for your loved ones. By including timeshares in your estate planning and consulting with legal and financial professionals, you can ensure that your heirs are well-prepared to handle this aspect of your estate.Contact Entrusted Legacy Law at 412-294-9498 or click here to schedule a complimentary 15-Minute call.
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.
Estate Planning for Everyone You Love and Everything You OwnHave you ever considered what would happenlegally and financiallyto you, your family, your assets, and everything you care about if the unexpected were to occur?If your estate plan is outdated or non-existent, your assets could be lost to the State Department of Unclaimed Property, subjected to an expensive and time-consuming probate process, or even end up in the wrong hands. Without a comprehensive estate plan, your loved ones may face unnecessary financial hardship, legal disputes, or court intervention at a time when they need certainty and protection the most.If you dont know exactly what would happen to everything you own and everyone you love, the first step is to gain clarity. You need to understand how your current estate plan (or lack thereof) will impact your family so you can make informed decisions about whether it truly aligns with your wishes.How Entrusted Legacy Law Helps You With Estate PlanningWe offer customized estate planning solutions designed to protect your family, preserve your wealth, and ensure your wishes are honored. Through our Life and Legacy Planning Session, we take the time to educate you on the legal, financial, and personal implications of your estate choices.Step 1: The Life and Legacy Inventory & AssessmentBefore your Life and Legacy Planning Session, you will complete a comprehensive estate inventory that outlines your financial assets, real estate holdings, retirement accounts, life insurance policies, and other valuable property. This step ensures that we have a full picture of your estate and can identify potential gaps in your asset protection strategy.Step 2: Creating a Personalized Estate PlanIf you decide that your current estate plan is inadequateor if you dont have one at allwe will work together to design a legally sound and strategically structured estate plan that meets your familys unique needs. The foundation of your estate plan will often include a revocable living trust, which allows you to transfer your assets into the trust while maintaining control during your lifetime.Benefits of a Revocable Living Trust: Avoid Probate Prevents the time-consuming and expensive court process that could otherwise delay asset distribution. Minimize Estate Taxes Helps reduce tax liabilities and protect your wealth for future generations. Ensure Privacy Unlike a will, which becomes public record, a trust ensures your estate remains private. Maintain Control Dictate how and when your assets are distributed to your heirs.For families with complex financial portfolios, business ownership, or special circumstances (such as blended families or special needs children), we offer advanced estate planning strategies tailored to your specific goals.Can You DIY Your Estate Plan?Many people wonder if they can create an estate plan using online templates or generic legal services. Unfortunately, most DIY estate plans fail when families need them the most. What often passes for "estate planning" is nothing more than basic document generation, where you answer a few questions and receive a generic template that may not fully protect your assets or your loved ones. No Personalization A generic template cannot address your unique family dynamics, financial situation, or specific legal concerns. Legal Loopholes Improperly structured wills or trusts may be contested in court, leaving your family in legal disputes. No Ongoing Maintenance Estate laws change, and without updates, your plan may become outdated and ineffective.At Entrusted Legacy Law, we dont just draft documentswe provide comprehensive estate planning services that ensure your estate plan actually works when it matters most. We take the time to understand your familys needs, educate you on your options, and create a legally enforceable, tax-efficient, and conflict-free estate plan that gives you peace of mind.Protecting Families & Minor Children Through Estate PlanningIf you are a parent with young children, your estate plan should begin with a solid foundation that ensures your children will always be taken care of, no matter what happens. Without the proper legal protections in place, your children could end up in the custody of someone you wouldnt have chosenor worse, under state guardianship.At Entrusted Legacy Law, we specialize in estate planning for families with minor children. We help parents:Name Legal Guardians Ensure your children are raised by trusted individuals of your choosing.Set Up Trusts for Minor Children Prevent financial mismanagement by appointing a responsible trustee to oversee assets.Establish Emergency Plans Provide clear instructions for immediate care in case of sudden incapacity or death.Whether youre planning for minor children, adult dependents, elderly parents, or a complex estate, we can guide you through the estate planning process with personalized strategies to protect your familys future.Secure Your Legacy With Entrusted Legacy LawEstate planning isnt just about who gets whatits about ensuring that your loved ones are financially secure, legally protected, and prepared for the future.If you want to create a comprehensive estate plan that reflects your wishes, avoids probate, minimizes taxes, and keeps your loved ones out of court and out of conflict, then now is the time to take action Contact Entrusted Legacy Law today to schedule your Life and Legacy Planning Session and take the first step in protecting your family, your assets, and your future.