If you're looking to collect life insurance proceeds as the policy’s beneficiary, the process is fairly simple. However, during the emotional period immediately following a loved one’s death, it can feel as if your entire world is falling apart, so it’s helpful to understand exactly what steps you need to take to access the insurance funds as quickly and easily as possible.
Not to mention, if you’ve been dependent on the person who died for financial support and/or you are responsible for paying for the funeral or other expenses, the need to access insurance money can be downright urgent. Plus, unlike other assets, an estate’s executor typically isn’t involved with collecting life insurance proceeds, since benefits pass directly to a beneficiary, so this is something you will need to handle yourself.
With this in mind, we’ve outlined the typical procedure for claiming and collecting life insurance proceeds, along with discussing how beneficiaries can deal with common hiccups in the process. However, because all life insurance policies are different and some involve more complexities than others, consult with us, your Personal Family Lawyer if you need any support or guidance.
Filing A Claim
Death benefits are not automatically paid out from a life insurance policy. In order to collect the proceeds, you must first file a claim with the life insurance company. But before you start the claims process, you must first identify the beneficiary of the policy: are you the beneficiary, or is the policy set up to be paid to a trust?
We often recommend that life insurance proceeds be paid to a trust, not outright to a beneficiary. This way, the life insurance proceeds are protected from lawsuits, creditors, and even a divorce that a beneficiary may be involved with at the time they collect the funds.
In the event a trust is the beneficiary, contact us, your Personal Family Lawyer, so we can create a certificate of trust that you (or the trustee, if the trustee is someone other than you) can send to the life insurance company, along with a death certificate, when it becomes available.
In any case, you (or the trustee) will notify the insurance company of the policyholder’s death, either by contacting a local agent or by following the instructions on the insurance company’s website. If the policy was provided through an employer, you may need to contact the insured’s workplace first, so they can put you in touch with the appropriate insurance representative.
Many insurance companies allow you to report the death over the phone or by sending in a simple form and do not require the actual death certificate at this stage. Depending on the cause of death, it can sometimes take weeks for the death certificate to be available, so this simplified reporting option can dramatically speed up the process.
From there, the insurance company typically sends the beneficiary more detailed forms to fill out, along with further instructions about how to proceed. Some of the information you’re likely to be asked to provide during the claims process include the insured’s date of birth, date and place of death, their Social Security number, marital status, address, as well as other personal data.
Your state’s vital records office creates the death certificate, and it will either send the certificate directly to you or route it through your funeral/mortuary provider. Once you’ve received a certified copy of the death certificate, you’ll need to send it to the insurance company, along with all of the other forms the insurance company requires you to complete.
Multiple Beneficiaries
If more than one adult beneficiary was named, each person should provide his or her own signed and notarized claim form. If any of the primary beneficiaries died before the policyholder, an alternate/contingent beneficiary can claim the proceeds. In that case, however, he or she will need to send in the death certificates of both the policyholder and the primary beneficiary.
Minor Beneficiaries
Although policyholders are free to name anyone as a beneficiary, when minor children are named, it creates serious complications, since insurance companies will not allow a minor to receive life insurance benefits directly until they reach the age of majority, which varies between states—in some it’s 18, and others it’s 21.
If a minor child is named as a beneficiary, you would need to go to court to be named as the child's legal guardian in order to manage the funds until the child comes of age—and this is the case even if you’re the child’s natural parent. This is because unless you are specifically named as the guardian of the minor’s estate, you are not automatically considered the guardian of the child’s financial assets, even as their parent.
This is why you should never name a minor child as a life insurance beneficiary, even as a backup to the primary beneficiary. Rather than naming a minor as the beneficiary, it’s often better to set up a trust to receive the proceeds. In that case, the proceeds are paid into the trust, and whomever is named as trustee will collect the insurance proceeds and manage the funds for the child’s benefit until he or she comes of age.
Moreover, within the terms of the trust, you can also spell out exactly how you’d like the trustee to manage the money for the child and even how the child can use the funds once they’ve reached adulthood.
In any case, you should consult with us, your Personal Family Lawyer to determine the best options for passing on your life insurance benefits and other assets to minor children.
Insurance Claim Payments
Provided you fill out the forms properly and include a certified copy of the death certificate, insurance companies typically pay out life insurance claims fairly quickly. In fact, some claims are paid within one to two weeks of the start of the process, and rarely do claims take more than 60 days to be paid. Most insurance companies will offer you the option to collect the proceeds via a mailed check or transfer the funds electronically directly to your account.
Delayed Payouts
The payout of life insurance proceeds can be delayed for a number of reasons. Beneficiaries often face delays if the policyholder dies within two years of the policy being issued. This is due to the fact that most life insurance policies contain a contestability period.
Most contestability periods are typically between one to two years, and if the insured dies during this period, the insurance company can investigate the claim to ensure that the policyholder didn’t commit fraud on the policy application by lying about underlying health problems, family medical history, or other conditions.
That said, provided the insurance company doesn’t discover fraud or other issues with the application, it will most likely pay the claim once the investigation is wrapped up. If problems with the application are discovered, the insurance company might pay a reduced benefit or even deny the claim, depending on what is uncovered.
Payout may also be delayed when homicide is determined to be the insured’s cause of death and the beneficiary is a suspect. In this case, the payout is typically delayed until the beneficiary is cleared of any involvement in the insured’s death.
A few other common reasons insurance payouts may be delayed include:
The insured committed suicide within two years of the policy being issued.
The insured died during the course of illegal or criminal activity, such as a robbery or driving while intoxicated.
The insured omitted risky activities, such as smoking or skydiving, on the policy application.
Additional Information
Sometimes an insurance company will request you to send in a completed W-9 form (Request for Taxpayer Identification Number and Certification) from the IRS in order to process a claim. Most of the time, a W-9 is requested if there is some question or issue with the records, such as having an address provided in a claim form that doesn’t match the one on file.
That said, a W-9 is simply a way for the insurance company to verify certain information in order to prevent fraud, so don’t be alarmed if you’re asked for one. This is a common verification practice, and it doesn’t automatically mean the company suspects you of fraud or plans to deny your claim.
We’re Here To Help
While collecting life insurance proceeds is often a simple process, don’t hesitate to reach out to us if you have questions or need support in any way. As your Personal Family Lawyer, we are here to ensure the process goes as smoothly as possible for you during what is likely to be an extremely trying time. Contact us today to learn more.
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 that was listed on SeniorsBlueBook.com" to find out how to get this $750 session at no charge.
Becoming eligible for Medicare is a significant milestone in your life. Whether you are newly turning 65 or approaching eligibility due to disability, understanding your Medicare options can feel overwhelming. With multiple parts, plans, and enrollment periods, making the right choice is essential to protect your health and finances.Thats where Inman Medical Insurance Services steps in helping Medicare-eligible individuals and their families navigate the complex landscape of Medicare insurance with clarity, confidence, and care.Understanding Medicare: A Quick OverviewMedicare is the federal health insurance program for people 65 and older, younger individuals with certain disabilities, and those with End-Stage Renal Disease (ESRD). It consists of several parts: Medicare Part A (Hospital Insurance) covers inpatient hospital stays, skilled nursing facility care, hospice, and some home health care. Medicare Part B (Medical Insurance) covers outpatient services like doctor visits, preventive care, and some home health services. Medicare Part C (Medicare Advantage) plans are offered by private companies approved by Medicare and include Part A and B benefits, often with added perks. Medicare Part D (Prescription Drug Coverage) helps cover the cost of medications through private plans. Choosing the right combination of these parts depends on your health needs, budget, and preferences.Why Professional Guidance Matters When Choosing Medicare PlansMedicare is not a one-size-fits-all program. With dozens of Medicare Advantage and Part D plans available in many areas, it can be challenging to understand differences in coverage, premiums, deductibles, copays, and provider networks. Making an uninformed decision could mean paying more than necessary or missing coverage for services you need.Inman Medical Insurance Services offers personalized Medicare consulting to ensure you: Understand your Medicare benefits and options Identify plans that best fit your health needs and financial situation Avoid costly penalties by enrolling during the correct periods Navigate changes to your Medicare coverage over time This professional guidance saves time, reduces confusion, and empowers you to make decisions with peace of mind.Services Offered by Inman Medical Insurance ServicesAt Inman Medical Insurance Services, youll find a trusted partner with a deep knowledge of Medicare plans and regulations. Their services include:1. Medicare Eligibility CounselingIf youre turning 65 or recently became eligible due to disability, the team helps you understand when and how to enroll in Medicare, including your initial enrollment period and special circumstances.2. Medicare Plan Comparison and EnrollmentThey analyze available Medicare Advantage, Medigap (Medicare Supplement Insurance), and Part D prescription drug plans in your area. By comparing costs, coverage, and provider networks, they help you select a plan that fits your unique needs.3. Annual Medicare Review and Plan OptimizationMedicare plans can change year to year. Inman Medical Insurance Services offers yearly reviews during the open enrollment period (October 15 December 7) to ensure your plan remains the best option, or help you switch plans if needed.4. Assistance with Medicare Appeals and ClaimsIf you encounter coverage denials or billing issues, their experts assist with navigating appeals and resolving Medicare claims, reducing stress and ensuring your rights are protected.5. Education on Medicare Savings Programs and Financial AssistanceMany Medicare-eligible individuals qualify for programs that reduce costs, such as Medicaid, Extra Help, or state pharmaceutical assistance programs. The team helps you identify and apply for these valuable benefits.Who Can Benefit Most from Inman Medical Insurance Services? Newly Medicare-eligible individuals who want to start their coverage on the right foot. Current Medicare beneficiaries seeking to optimize their plan or save money. Caregivers or family members assisting loved ones with Medicare decisions. Anyone feeling overwhelmed by Medicare's complexity and needing personalized support. Why Choose Inman Medical Insurance Services? Experienced Medicare Specialists: Knowledgeable in local and national Medicare regulations. Personalized Service: Tailored recommendations based on your health, budget, and goals. Trusted Advisor: Committed to education, transparency, and ethical guidance. 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A: Programs like Medicaid, Extra Help for prescription drugs, and Medicare Savings Programs can lower premiums and out-of-pocket costs. Inman Medical Insurance Services helps you find and apply for these.Take the Next Step Toward Medicare ConfidenceNavigating Medicare can be complicated, but you dont have to do it alone. Let Inman Medical Insurance Services guide you through the process with clarity and confidence. Their expert support ensures you select the right plan for your needs and budget, now and in the years ahead. For personalized Medicare help and a no-obligation consultation, call us today at 724-306- 8802. 6-8802
As more older adults express a strong desire to age in place, families across Pittsburgh are seeking solutions that allow their loved ones to remain in the comfort of their own homes while still receiving the care and companionship they need. Aging in place means staying in ones own residence as one grows older, rather than moving into assisted living or a nursing facility. For many seniors, this choice represents independence, familiarity, and dignity. But aging in place doesnt mean aging alone. Thats where Seniors Helping Seniors in Pittsburgh is making a meaningful difference. This unique in-home senior care provider offers a compassionate and innovative model: pairing older adults who need assistance with other active, caring seniors who can provide that help. Meeting the Real Needs of Seniors The challenges of growing older can feel overwhelmingespecially when tasks that were once routine become more difficult. From help with grocery shopping and meal preparation to medication reminders and transportation to doctors appointments, the day-to-day needs of aging adults can pile up quickly. Many family caregivers try to manage it all, often at the expense of their own health and peace of mind. In-home senior care in Pittsburgh through organizations like Seniors Helping Seniors provides crucial support that eases this burden. But what makes this service truly unique is its peer-based approach. By matching older adults with other compassionate seniors, care feels less like a transaction and more like a trusted friendship. According to numerous studies, social interaction and companionship play a critical role in senior mental health, often improving mood, reducing isolation, and even slowing cognitive decline. Seniors Helping Seniors doesnt just provide helpit brings real human connection into the home. The Benefits of Aging in Place with Homecare Support 1. Safety and Comfort in Familiar Surroundings Home is more than just four walls. It holds memories, routines, and a deep sense of identity. Homecare services allow seniors to stay in this familiar environment, reducing stress and anxiety often associated with relocation. With the help of a caregiver, even small modifications and daily assistance can dramatically improve safety, especially for those with mobility issues or chronic health conditions. 2. Personalized, One-on-One Attention Unlike institutional settings, in-home care is tailored to the individual. Seniors Helping Seniors Pittsburgh creates personalized care plans based on each persons unique needs, routines, and preferences. Whether its light housekeeping, help with errands, or simply a daily check-in, every service is delivered with a level of attentiveness and compassion that is hard to match in larger care facilities. 3. Maintaining Independence and Self-Worth One of the hardest parts of aging for many seniors is the loss of independence. With in-home elder care, seniors maintain a greater level of autonomy. Rather than having tasks done for them, care providers often assist with tasks alongside themencouraging participation and preserving dignity. 4. Companionship and Emotional Support Aging in place can sometimes feel isolating, especially for seniors who live alone or have lost a spouse. But Seniors Helping Seniors understands that emotional well-being is just as important as physical health. Their caregiversmany of whom are also retireesoffer heartfelt companionship. Theyre there to chat, play cards, take a walk, or just be present. This kind of peer support builds trust and fosters a sense of community within the home. 5. Peace of Mind for Families For family caregivers, knowing their loved one is not just cared for, but truly seen, is priceless. Many adult children struggle with guilt or burnout trying to juggle caregiving with their own work and family responsibilities. Having a reliable, trustworthy in-home care partner can ease that stress and ensure consistent, compassionate care. Seniors Helping Seniors: A Neighborly Approach to Senior Care What sets Seniors Helping Seniors Pittsburgh apart is its community-based model. By employing active seniors to care for other seniors, the organization fosters a deep sense of empathy and mutual understanding. Caregivers arent just service providerstheyre peers who can relate to the experience of aging. Many clients find this not only reassuring, but genuinely uplifting. Founded on the belief that seniors can help each other age gracefully and joyfully, the organization provides flexible, affordable homecare services throughout the Pittsburgh area, including non-medical support, companionship care, light housekeeping, transportation, and respite care for family members. And because all caregivers are carefully vetted and trained, families can feel confident their loved ones are in good hands. A Growing Demand for In-Home Senior Care in Pittsburgh As Pittsburghs population ages, demand for reliable senior homecare services continues to grow. According to the U.S. Census Bureau, by 2030, more than 1 in 5 Americans will be over 65. For many, the goal is clear: stay at home, stay safe, and stay connected. Affordable homecare for seniors is no longer a luxuryits a critical component of healthy aging. And thanks to organizations like Seniors Helping Seniors Pittsburgh, more families than ever can make that vision a reality. Final Thoughts: Supporting Independence, One Home at a Time Aging in place is about more than avoiding a moveit's about preserving quality of life. It's about honoring a lifetime of independence while recognizing the very real need for help. With thoughtful, respectful in-home care, seniors can continue to live on their own terms, surrounded by their memories, their community, and the comforts of home. For family caregivers, the peace of mind that comes from partnering with a trusted provider like Seniors Helping Seniors is immeasurable. If you're caring for an aging loved oneor planning your own path forwardconsider how homecare might be the key to aging in place with dignity, support, and joy.
How Hiring a Caregiver Can Help with Activities of Daily Living: A Guide for Seniors and Family Caregivers Aging brings both beauty and challenges. With years of life experience come stories, wisdom, and resiliencebut also, often, a gradual decline in physical and cognitive function. For many seniors and their families, the day arrives when assistance with routine daily tasks becomes necessary. These are the activities of daily livingbathing, dressing, preparing meals, managing medication, and getting from place to place. Its here that organizations like Seniors Helping Seniors Pittsburgh Northeast step in to make a profound difference. This editorial is for family caregivers who are doing their best to support aging parents or loved ones, and for seniors who may be quietly struggling to keep up with the basics of independent living. If youre asking yourself whether its time to get help, or what kind of help is best, the answer might be simplerand more empoweringthan you think. Understanding the Importance of Activities of Daily Living (ADLs) Activities of daily living (commonly known as ADLs) are the essential tasks a person must perform every day to take care of themselves. These include bathing, toileting, dressing, eating, walking or transferring, and maintaining personal hygiene. Instrumental activities of daily living (IADLs), like managing finances, transportation, cooking, cleaning, and medication management, are equally vital for independence but often more complex. As individuals age, even one or two of these tasks can become difficult. Family members often try to step in, but caregiving can become overwhelming, particularly when balancing work, children, and household responsibilities. This is where in-home caregiving services can be a life-changing solution. Why In-Home Care Makes a Difference Hiring a caregiver from a trusted provider like Seniors Helping Seniors allows seniors to stay in the comfort and familiarity of their own home while receiving the personalized support they need. Unlike assisted living facilities, in-home care is flexible and deeply tailored to the individuals unique needs and personality. Caregivers can assist with: Personal care: helping with hygiene, bathing, and dressing Meal preparation: ensuring nutritional needs are met with care Medication reminders: helping avoid missed doses or incorrect use Mobility support: reducing fall risk and maintaining independence Transportation: getting to appointments, social events, or grocery stores Companionship: offering emotional support, reducing isolation, and improving mental health This isnt just about assistanceits about preserving dignity, building trust, and enhancing quality of life. Seniors Helping Seniors: A Unique and Human Approach What makes Seniors Helping Seniors Pittsburgh Northeast unique is their peer-based model. Many of their caregivers are seniors themselves, offering an unmatched level of empathy and understanding. This dynamic creates a bond that feels less like receiving care and more like sharing life with a trusted friend. That relationship matters. For seniors who may feel that accepting help means surrendering independence, working with someone of a similar age and shared experiences can shift that perspective. It becomes a partnershipnot a dependency. Seniors are more likely to accept support when it comes from someone they can relate to, someone who gets it. Supporting Family Caregivers Through Professional Help Family caregiving is a noble and loving act, but its not without its toll. Burnout, stress, and even resentment can build up when caregivers stretch themselves too thin. Hiring a caregiver to support activities of daily living gives families breathing room. It ensures that their loved one receives professional, consistent care while allowing family members to return to their roles as spouses, sons, daughters, and friends. Instead of spending time worrying about whether medications were taken or if mom made it up the stairs safely, family members can focus on enjoying time together, knowing that the essentials are in trusted hands. Promoting Healthy Aging and Independence When seniors receive the help they need with ADLs, something beautiful happensthey often regain confidence and a sense of control over their lives. Instead of feeling defeated by daily tasks, theyre empowered to focus on what matters: hobbies, conversations, faith, memories, and relationships. Research continues to show that aging at homewith the right level of supportleads to better physical health, stronger emotional well-being, and longer life expectancy. Services like those offered by Seniors Helping Seniors dont just make life easier. They make it better. Why Now is the Right Time Too often, families wait until theres a crisisafter a fall, hospitalization, or health emergencybefore considering home care. But proactive planning is far more effective and less stressful. Hiring a caregiver before things become unmanageable allows seniors to ease into support without fear or resistance. It also creates a smoother transition for everyone involved, including family caregivers who can gradually hand off responsibilities without guilt. Seniors Helping Seniors Pittsburgh Northeast offers flexible scheduling, affordable care options, and a personal touch that makes all the difference. Their caregivers aren't just helperstheyre companions, encouragers, and lifelines for both seniors and their families. A Call to Action for Families If youre a caregiver whos starting to feel stretched, or a senior beginning to notice that simple tasks are more exhausting than they used to be, now is the time to explore in-home caregiving. Visit Seniors Helping Seniors Pittsburgh Northeast or call their local office to learn more about how their team can support you or your loved one. It might be the most important step you take toward peace of mind, independence, and a life filled with care and dignity Lets stop thinking of caregiving as a last resort. Its an investment in independence, a gift to the whole family, and a compassionate bridge to better days.
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.
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 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.