A Will is a legal document that states who should receive your property after you pass away. It also allows you to name an executor (the person who handles your estate) and, if applicable, guardians for minor children.

If you do not have a Will, Pennsylvania’s intestacy laws determine who inherits your property. The distribution may not reflect your personal wishes.

While simple forms are available online, mistakes can cause confusion, delays, or disputes. A properly prepared Will helps reduce problems during probate.

Review your Will after major life events such as marriage, divorce, birth of a child, death of a beneficiary, relocation, or significant financial changes.

A Financial Power of Attorney allows you to appoint someone you trust to manage financial matters if you become unable to do so yourself.

It can take effect immediately or only upon incapacity, depending on how it is drafted.

Yes. You can tailor the document to limit or expand authority. Pennsylvania law requires certain powers to be specifically granted.

Yes, as long as you are mentally competent. Revocation should be done in writing.

This document allows you to appoint someone to make medical decisions if you are unable to communicate your wishes.

An Advance Directive (sometimes called a living will) outlines your preferences regarding life-sustaining treatment, end-of-life care, and other medical decisions.

Often yes. A Healthcare Power of Attorney names a decision-maker, while an Advance Directive gives guidance about your wishes.

Choose someone you trust to follow your wishes, communicate clearly with medical providers, and handle emotional decisions under pressure.

Probate is the legal process of administering a deceased person’s estate. In Pennsylvania, probate typically occurs in the Register of Wills office in the county where the person lived.

An executor gathers assets, pays debts and taxes, files required documents, and distributes property according to the Will.

Many estates take about 9–18 months to complete. The timeline depends on asset complexity, debts, tax issues, and potential disputes.

The court appoints an administrator. Assets are distributed according to Pennsylvania intestacy laws.

No. Some assets pass outside probate, such as life insurance with a named beneficiary, jointly owned property, and certain retirement accounts.

Pennsylvania imposes an inheritance tax based on the relationship between the deceased and the beneficiary. Rates vary for spouses, children, siblings, and others.

Some planning tools (such as certain trusts or beneficiary designations) may reduce or avoid probate, depending on the circumstances.

A Will contest involves challenging its validity. These cases can delay estate administration and often require court proceedings.

Guardianship is a court process where a judge appoints someone to make decisions for an adult who cannot manage their personal or financial affairs due to incapacity.

It may be necessary when a person lacks capacity and has not signed a valid Power of Attorney or when the existing agent cannot act.

Pennsylvania allows guardians of the person (medical and personal decisions), guardians of the estate (financial decisions), or both.

A petition is filed with the court, medical evidence is presented, and a hearing is held. The alleged incapacitated person has rights, including legal representation.

It can be limited or plenary (full). Courts are required to use the least restrictive option appropriate for the individual’s needs.

Yes. Guardians must report to the court and act in the best interests of the individual.

If both parents are deceased or unable to care for the child, the court may appoint a guardian.

Yes. While the court makes the final decision, naming a guardian in your Will provides important guidance.

Elder law focuses on legal planning for aging individuals, including estate planning, incapacity planning, guardianship, and estate administration.

Planning is often easier and less expensive when done before a crisis. Many people begin once they acquire assets, start a family, or approach retirement.

Many Pennsylvania residents benefit from having:

• A Will
• Financial Power of Attorney
• Healthcare Power of Attorney
• Advance Directive

Clear documents can prevent court involvement, reduce disputes, and provide guidance during difficult times.

If you have questions about estate planning, probate, or guardianship in Pennsylvania, contact our office to schedule a consultation at (570) 654-4643.