If I die without a Will who receives my estate?

If you die without a Will while a resident of the state of Pennsylvania, the intestacy statute will determine who your estate passes to. If you are married but have no children and your parents are deceased, your entire estate will pass to your surviving spouse. If you are married with no children, but your parents are alive, the first $30,000 and one-half of the balance of your estate will pass to your surviving spouse and the rest will pass to your parents. If you are married with children, the first $30,000 and one-half of the balance will pass to your surviving spouse and the rest will pass to your children.

If you are single your estate passes first to your children. If you have none your estate passes to your parents; or, if you have none, to your siblings; or, if you have none, to your grandparents. Your estate will then pass to uncles and aunts, then to cousins and their children. If you die without any of the above relatives, your estate will pass to the state of Pennsylvania.

Should I have a Will?

You must be at least 18 years of age and mentally competent in order to execute a Will. Consider just some of the situations in which a Will may be warranted:

• A Will allows you to pick your own Executor, the person who is in charge of making sure your wishes are carried out after death. If you do not have a Will, your family members have to decide who will be named to administer your estate.
• Parents can state their wishes for a Guardian, in the event they both die while their children are minors. Similarly, you can make sure their inheritances are put in trust, to be handled by the trustee of your choice, until each child reaches a certain age.
• Stepchildren are not legally the child of the stepparent and are thus, not included as beneficiaries in the intestacy statute. Therefore, if a stepparent wishes to provide for his or her stepchildren at death, they can do so in a Will.
• Property that passes outside of a Will may be taxable for Pennsylvania Inheritance Tax purposes. A Will can determine from which property this tax will be paid.
• More complex estate plans can provide significant tax planning to minimize death taxes.

Do I need a revocable trust (or living trust) to avoid probate?

In general, the probate fees in Pennsylvania do not warrant the charge incurred to create a trust. Probate assets of $1 million will only incur a fee of about $450. Probate assets include any solely-owned property that an individual owns at death, so assets titled in the name of a trust are not probate assets.

What is a power of attorney?

A power of attorney is used in the event someone becomes mentally or physically incapable of handling financial and medical affairs. The person who grants the power ("principal") authorizes another person ("agent") to take over these affairs. Executing such a power before problems arise can prevent family squabbles and legal fees in the future.

What is a living will?

A living will, more formally known as an Advanced Health Care Declaration, reflects your medical wishes, should you become terminally ill or permanently unconscious. If you do not want extraordinary medical measures to be taken in such an event, you should have this Declaration. If you prefer that everything possible be done to keep you alive, you should not have this Declaration.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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