Wills & Estate Planning in Lancaster County

Wills

Whether you’re looking to prepare your own will or need assistance determining a plan after the passing of a loved one, our team of experts in probate and estate administration law in Lancaster, Pennsylvania can help you navigate the difficult process of handling an estate or planning for your estate.


The Benefits of Having a Will

A will is a legal document that designates how your possessions will be distributed after you die. When drafting a will, you will be asked to choose an individual, called an executor or executrix (if female), who will carry out your wishes as dictated in your will. This person will handle the administration of your will, with the assistance our experienced Estate Administration team, including paying all the debts and taxes and distributing what remains as per your wishes.


As part of your will, you also may choose to appoint a guardian to take care of minor children in the event of a tragedy or a Trustee to handle the finances for any minor children.


Typically, passing without a will (intestate) complicates the administration process and your hard-earned assets may end up in the hands of someone unintended. As we always say, a will is one document that everybody is guaranteed to need at some point.


Powers of Attorney in Lancaster, PA

A financial power of attorney lets you name a trusted person, your agent, to handle banking, bills, taxes, real estate and other financial matters if you cannot. Pennsylvania's rules are found in 20 Pa.C.S. Chapter 56. To be valid, the document must be signed and dated, acknowledged before a notary, and witnessed by two adults (your agent cannot serve as a witness). You must also sign the notice required by statute, and your agent must sign an acknowledgment of their duties before acting. Without a power of attorney, your family may have to ask the Orphans' Court to appoint a guardian, a process that takes time and money.

A health care power of attorney names a health care agent to make medical decisions for you when you are unable to make them yourself. It is governed by Chapter 54 of Title 20 (20 Pa.C.S. § 5451 et seq.) and must be signed, dated and witnessed by two adults.

Health Care Directives and Living Wills

A living will (20 Pa.C.S. § 5441 et seq.) states your wishes about life-sustaining treatment if you have an end-stage medical condition or are permanently unconscious. It must be signed and witnessed by two adults. Many clients combine a living will and a health care power of attorney in one advance health care directive, so their doctors and family have clear instructions and a named decision-maker. We recommend giving copies to your agent and your physician.

Trusts

Trusts in Pennsylvania are governed by the Uniform Trust Act, 20 Pa.C.S. Chapter 77. Common options include:

  • Revocable living trust: you control the trust during your lifetime and can change it at any time. Assets titled in the trust pass to your beneficiaries without going through probate, though they remain subject to Pennsylvania inheritance tax.
  • Special needs trust: holds assets for a loved one with a disability without disqualifying them from means-tested benefits such as SSI and Medical Assistance.
  • Testamentary trust: created in your will and funded at your death, often used to manage an inheritance for minor children or young adults until they reach an age you choose.

Estate Planning and Probate

A good plan makes the job easier for the people you leave behind. When the time comes, our probate and estate administration team helps executors carry out your wishes. You can also read what happens if you die without a will in Pennsylvania and the duties of an executor.


Setting Up Your Estate To Avoid Probate

Many people want to know how they can protect their assets from the probate

process. Some assets do automatically bypass probate, including:

  •  Retirement accounts
  •  Life insurance
  •  Funds in payable on death, or POD, accounts
  •  Pension plans
  •  Property held in joint tenancy with right of survivorship
  • Assets owned jointly by spouses

The general rule is that assets that are owned only in the name of the deceased person will go through probate. Additionally, the Pennsylvania Small Estate Affidavit states that estates valuing $50,000 or less, excluding real estate, can bypass the probate administration process in favor of an expedited method of distributing assets. However, any real estate within that small estate will still need to go through probate.

If you are settling a loved one's estate rather than planning your own, see our probate and estate administration page. For questions about how a property can be used, developed or passed on, visit zoning and land use.