Frequently Asked Questions ...

About Last Wills & Testaments ...

What's wrong with a DIY will?

You should be cautious about creating a DIY will since the laws regarding estate planning are complex and a DIY will may not achieve your testamentary goals. Some common issues with DIY wills include:
• They may not comply with legal requirements for creating a valid will, which means intestacy laws could apply and your estate may not be distributed according to your wishes. See the explanation of intestacy below.
• A licensed attorney does not usually review the will.
• It may not properly dispose of your entire estate.
• It may not address your unique needs if, for example, you own a business, have a blended family, minor children, special needs family members, or own a second home.

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I'm not wealthy - do I really need a will?

This is a common myth; everyone over the age of 18 should have an estate plan that includes a last will & testament.

A will allows you to outline your wishes upon your death, specifically who you desire to receive your probate assets such as your money, real estate, posessions, etc. If you were to die without a will, the state would determine who inherits your probate assets based upon PA's intestacy laws, which may not be the same as your wishes. Additionally, if you have minor children, a will allows you to name your desired guardian for your children. You don't want to wait until you're in the middle of a stressful health crisis to begin thinking about your estate plan.

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How long do wills last?

Wills do not expire, but over time, your life circumstances will certainly change and the laws may be modified as well. It's important for your estate documents to reflect your current property and life situation. It's good to revisit your estate planning documents with an attorney every few years, but particularly if you have life changes like marriage, divorce, children, acquisition or loss of property, or if one of your agents becomes incapacitated or dies.

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I no longer live in the state where I had my will prepared - is my will valid?

Each state has specific requirements for wills that may vary from other states. For example, states may have different specifications required for elements of a will such as signatures, notarization, format, witnesses, etc. If you move to a new state, a will that satisfied the legal requirements of the state where it was drafted may be acceptable in the new state, but there could be additional or different legal requirements in the new state complicating the probate and estate administration process for your personal representative after you pass away. You should consult with an experienced in-state estate planning attorney to review and update your will as needed.

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What happens if I die without a will?

If you die without a will, the court determines who inherits the assets of your estate acccording to PA's intestacy laws. This intestate succession is based upon relationships and may not match the your wishes. In PA, if there are not heirs within defined relationship degrees, the estate will escheat to the state...which means the Commonwealth of Pennsylvania inherits your estate (property, assets, possessions, money, etc.). It's important to have an estate plan that outlines your wishes and states who should inherit your estate when you pass away.

Contact Twin Valley Law today.

This information is for general purposes only and should not be taken as legal advice. This information is not intended to create an attorney-client relationship, and receipt or viewing of this information does not constitute an attorney-client relationship.

About Advance Health Care Directives ...

What is an advance health care directive?

An advance health care directive is a set of written instructions that express your wishes for medical treatment and end-of-life care; it often includes the Health Care Power of Attorney and the Living Will. While most of us don't want to think about being sick or dying, considering these issues now can ease the future burden for your loved ones by providing guidance on your health care wishes and priorities. Without an advance health care directive, your wishes may not be followed because your family may not know what to do or may disagree about what care you should receive.

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What happens if I don't have an advance health care directive?

If you do not have an advance health care directive and are unable to make or communicate your health care decisions, a health care representative may be selected for you according to PA law. This representative may not be the person you would choose to make medical decisions on your behalf. Without an advance health care directive, your wishes may not be followed.

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What is a health care agent?

A health care agent is the person you choose to make health care decisions on your behalf. Your health care agent can authorize, withhold, or withdraw treatments. You should select a health care agent who is familiar with your beliefs and values and who you trust to make decisions based upon your wishes and priorities. You should provide your agent with a copy of your advance health care directive and discuss the details with your agent. Additionally, you should name at least one back-up health care agent in case your first choice is unavailable to act on your behalf.

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Will my health care agent be responsible for my medical bills?

No. Although your health care agent may make decisions about your care, the cost of your medical care is your responsibility.

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What if my health care provider doesn't want to follow my advance health care directive?

Your physician or health care provider must inform you or your health care agent if they cannot in good conscience follow your wishes or if the institution is preventing them from honoring your wishes. The health care provider must assist you in transferring to another provider willing to carry out your directives (if one exists).

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This information is for general purposes only and should not be taken as legal advice. This information is not intended to create an attorney-client relationship, and receipt or viewing of this information does not constitute an attorney-client relationship.

About General Powers of Attorney ...

Who are the principal and agent?

• The principal is the individual granting to another person (the agent) the ability to act on their behalf.
• The agent is the person nominated by the principal to act on the principal's behalf in a fiduciary matter; also sometimes referred to as the "attorney-in-fact".

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How do I choose my agent?

Because you are granting your agent the power to act on your behalf, it's important that your agent is someone you can trust. While people often choose family members to be their agent, it's not required. Your choice of agent is up to you. You should also select at least one back-up agent in case your first choice agent cannot act for some reason such as illness, incapacity, or death.

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What does durable power of attorney mean?

A durable power of attorney remains valid unless the principal either revokes it or dies. In other words, a durable power of attorney remains valid even if the principal becomes incapacitated. People don't generally plan to become incapacitated. With a durable power of attorney in place, you can ensure that the individual you trust is the one that will handle financial and legal decision making for you if and when you are unable to do so on your own.

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What is the difference between a limited power of attorney and a general power of attorney?

• A limited power of attorney restricts an agent's authority to certain transactions that are identified within that power of attorney document.

• A general power of attorney gives the agent broad authority to make decisions on behalf of the principal.

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This information is for general purposes only and should not be taken as legal advice. This information is not intended to create an attorney-client relationship, and receipt or viewing of this information does not constitute an attorney-client relationship.

About Probate & Estate Administration ...

My loved one recently died and I'm named as the personal representative in the will. What do I do now?

Take some time and grieve the loss of your loved one. Probate and administration cannot begin until after the original death certificates are received, which typically occurs after the funeral. The number of original death certificates needed varies by estate based upon the number and nature of the assets. Estates typically require 5-10 original death certificates.

If you choose to retain Twin Valley Law to represent you in the administration process, we will begin by sending you a link to a secure questionnaire. This questionnaire walks you through the information needed, allows you to save your progress and revisit as needed, and provides a portal for you to securely upload necessary documentation. Note, originals will be required of some documents such as the will and death certificates. The probate and estate administration process can be overwhelming. If you have been named as the personal representative of an estate, Twin Valley Law is here to answer your questions and help you understand and navigate the process.

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What is a decedent?

Decedent (di-see-dent) A dead person, especially one who has died recently. The term is little used outside law. It typically appears in legal proceedings or administrative inquiries.
- "Decedent," Black's Law Dictionary (10th ed. 2014).

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What is a personal representative?

Personal representative is a gender neutral term for the individual responsible for administering an estate. When the decedent dies with a valid will, the personal representative is called an executor/executrix; when the decedent dies intestate (without a valid will), the personal representative is called an administrator/administratrix.

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What are the personal representative's responsibilities in the administration of an estate?

A personal representative's responsibilities include:
• initiating the probate process
• notifying the required parties in accordance with the law
• locating, inventorying, and valuing estate assets
• managing and selling estate assets
• completing financial tasks such as closing bank accounts, filing taxes, etc.
• paying the debts and taxes of the estate (with estate funds)
• acting in the best interest of the estate and its beneficiaries
• filing documents required in accordance with the law
• distributing the assets of the estate to the beneficiaries in accordance with the law and the decedent's wishes
• providing the court and beneficiaries with an accounting detailing how the estate's assets were managed and distributed

Probate and estate administration can be a complicated and overwhelming process. Twin Valley Law can help.

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What is probate?

Probate is the process of the court assessing the validity of the decedent's will and appointing the personal representative of the estate.

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What's the difference between probate assets and non-probate assets?

• Probate assets are owned by the decedent and require probate to transfer the assets in order to give the personal representative authority to transfer the assets to the beneficiaries.

• Non-probate assets do not require probate to transfer. These assets are generally jointly-owned or have designated beneficiaries such as retirement funds, life insurance proceeds, or are payable-on-death accounts (i.e., POD, TOD).

It's important to note that a non-probate asset may still be subject to PA inheritance tax.

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Can I avoid probate?

It depends. Some types of property are considered non-probate assets, meaning the property can be transferred without needing to go through the probate process. Generally, jointly-owned property, life insurance proceeds, and accounts with designated beneficiaries are considered non-probate assets. Additionally, if assets are placed in certain types of trusts, probate may be avoided.

The good news is that if probate is necessary, the probate process in PA is not as complex or expensive as it is in many other states. However, it's important to note that PA inheritance tax and federal estate tax may be owed on non-probate assets.

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What is a fiduciary?

A fiduciary is a person who acts on behalf of another person under a legal duty to act in that person's best interests. A fiduciary can be liable for breach of their fiduciary duty if they fail to act appropriately.

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What is PA inheritance tax?

PA inheritance tax is imposed on the transfer of assets from a decedent to a beneficiary through a will, intestacy, and by operation of law. The tax rate is based upon the relationship between the decedent and the beneficiary.

The inheritance tax is due along with the PA Inheritance Tax Return (REV-1500) nine (9) months after the date of the decedent's death. The state allows a 5% discount on inheritance tax paid within three (3) months of the date of death.

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What is federal estate tax?

The filing of a federal estate tax return is required if the adjusted gross estate of the decedent is valued at more than the threshold amount for the year of the decedent’s death. The 2024 threshold amount is $13,610,000 for an individual; this amount changes every year and is currently set to be significantly reduced after 2025.

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How long does the probate and estate administration process take?

Generally, the estate administration for most estates is completed in about fifteen (15) months. However, each estate is unique and some estates will take longer than 15 months to complete.

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What is intestacy?

Intestacy occurs when a person dies without a will or when their will is invalid. In acccordance with PA's intestacy laws, the court determines who inherits the assets of an intestate estate. This intestate succession is based upon relationship and may not match the decedent's wishes. In PA, if there are not heirs within a defined relationship degree, the estate will escheat to the state...which means the Commonwealth of Pennsylvania inherits your estate (property, assets, possessions, money, etc.). It's important to have an estate plan that outlines your wishes and states who should inherit your estate when you pass away.

Contact Twin Valley Law today.

This information is for general purposes only and should not be taken as legal advice. This information is not intended to create an attorney-client relationship, and receipt or viewing of this information does not constitute an attorney-client relationship.

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The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice. This information is not intended to create an attorney-client relationship, and receipt or viewing of this information does not constitute an attorney-client relationship.