Lemoyne Estate Planning Attorney
Planning for the future is one of the most important things you can do for yourself and the people you love. An effective estate plan can help you determine what happens to your property, identify the people you trust to make important decisions, and provide direction for your family if you become incapacitated or pass away.
For individuals and families in Lemoyne, Pennsylvania, estate planning can also involve considerations specific to Pennsylvania law, including probate, inheritance tax, long-term care planning, and asset protection.
At Keystone Elder Law, P.C., we help families throughout Lemoyne and the surrounding Cumberland County communities develop comprehensive estate plans based on their individual circumstances. Our attorneys understand that every family has different priorities, financial circumstances, relationships, and concerns.
Whether you are creating your first estate plan, updating an existing plan, or dealing with more complicated issues involving trusts, long-term care, Medicaid planning, or asset protection, our team can help you understand the legal issues involved and develop a plan designed around your goals.
Take the next step toward protecting your future. Contact Keystone Elder Law, P.C. to schedule a consultation or call (717) 697-3223.
Estate Planning Is More Than Creating a Will
Many people associate estate planning exclusively with writing a will. A will is an important document, but comprehensive estate planning can address much more than the distribution of property after death.
Your estate plan can also address what happens if you become unable to manage your own financial affairs or make your own healthcare decisions.
Depending on your circumstances, your estate plan may include:
- A Last Will and Testament
- Financial powers of attorney
- Healthcare powers of attorney
- A living will
- Revocable or irrevocable trusts
- Beneficiary-designation planning
- Asset protection strategies
- Long-term care planning
- Medicaid planning
- Special needs planning
- Probate and estate administration considerations
The right combination of documents and planning strategies depends on your family, assets, health, goals, and other circumstances.
Last Will and Testament
A Last Will and Testament allows you to establish instructions concerning the distribution of property after your death. It can also address the appointment of a personal representative and, where applicable, the nomination of guardians for minor children.
A will is an important part of an estate plan, but it does not necessarily address every issue that may arise during your lifetime.
Financial Power of Attorney
A financial power of attorney allows you to designate someone you trust to act on your behalf concerning financial and legal matters.
This can become particularly important if an illness, injury, cognitive decline, or another circumstance prevents you from managing your affairs yourself.
Without appropriate planning, your family may face additional court proceedings to obtain authority to manage certain aspects of your affairs.
For more information, review our Power of Attorney FAQ.
Healthcare Power of Attorney and Living Will
Healthcare planning allows you to identify someone you trust to make healthcare decisions if you cannot communicate or make those decisions yourself.
A living will can also communicate your preferences concerning certain end-of-life medical treatment.
These documents can give your family clearer direction during difficult circumstances and help ensure your wishes are known.
Learn more about Powers of Attorney and Living Wills as you consider your own advance planning needs.
Estate Planning for Individuals and Families in Lemoyne
Estate planning should reflect where you are in life.
A young couple may need to focus on protecting children and identifying guardians. Parents with adult children may be concerned about preserving assets and creating an organized inheritance plan. Retirees may be more focused on healthcare decisions, long-term care, taxes, and protecting assets accumulated throughout their lifetime.
For Lemoyne residents, some of the questions that may arise during estate planning include:
- Who should inherit your property?
- Who should manage your finances if you become incapacitated?
- Who should make medical decisions for you?
- Should your beneficiaries receive their inheritance immediately or over time?
- Would a trust make sense for your circumstances?
- How can you prepare for potential long-term care?
- Could your estate be subject to Pennsylvania inheritance tax?
- What happens to your property if you become incapacitated?
- How should your estate be administered after your death?
There is no universal estate plan. Your documents should be based on your circumstances rather than a generic template.
Why Work With a Pennsylvania Estate Planning Attorney?
Estate planning involves state-specific legal requirements and considerations. Pennsylvania has its own rules governing wills, estates, probate, inheritance tax, powers of attorney, and other areas that can affect your plan.
Using an online form may provide a document, but it does not necessarily provide a comprehensive strategy for coordinating that document with the rest of your financial and legal affairs.
A local estate planning attorney can help you identify potential issues and consider how different documents and strategies work together.
At Keystone Elder Law, P.C., our approach is centered on understanding your individual circumstances and developing a plan that addresses your goals.
Pennsylvania Inheritance Tax and Estate Planning
Pennsylvania imposes an inheritance tax on certain property transferred after a person’s death. The applicable rate can depend on the relationship between the person who died and the beneficiary.
Current Pennsylvania Department of Revenue guidance identifies a 0% rate for transfers to a surviving spouse and certain other exempt recipients, 4.5% for transfers to direct descendants and lineal heirs, 12% for siblings, and 15% for other heirs subject to the applicable rules. (Pennsylvania Department of Revenue)
This means beneficiary relationships can be an important consideration when developing an estate plan.
Estate planning cannot necessarily eliminate every tax obligation, but understanding the potential consequences in advance can help you make more informed decisions about how property is owned and transferred.
Trust Planning in Lemoyne, PA
Trusts can be useful in a variety of estate planning situations.
A trust is a legal arrangement that can allow property to be managed according to instructions established by the person creating the trust. Depending on the type of trust and how it is structured, a trust may provide greater control over when and how beneficiaries receive assets.
Trust planning may be considered when families have concerns involving:
- Probate
- Minor beneficiaries
- Beneficiaries with special needs
- Asset management
- Long-term inheritance planning
- Family circumstances
- Privacy
- Creditor concerns
- Charitable giving
- Business or succession planning
Not everyone needs a trust. Determining whether a trust is appropriate requires an understanding of your assets, family circumstances, and objectives.
An estate planning attorney can help you evaluate whether trust planning fits into your overall strategy.
Planning for Incapacity
Estate planning is not only about what happens after death.
A comprehensive plan should also address what happens if you are alive but unable to make decisions for yourself.
An accident, serious illness, cognitive decline, or other unexpected event can leave a person unable to manage financial accounts, pay bills, communicate with financial institutions, or make healthcare decisions.
Financial and healthcare powers of attorney can provide a mechanism for someone you trust to act on your behalf.
This type of planning can be particularly important for older adults, but incapacity can happen at any age.
That is why estate planning matters at every stage of life.
You can learn more about this topic in our article, Why Estate Planning Matters at Every Stage of Life.
Estate Planning and Long-Term Care
For many families, estate planning eventually intersects with long-term care planning.
The cost of nursing home care or other long-term services can have a significant impact on an individual’s assets and the financial security of a spouse or family.
Long-term care planning can involve reviewing assets, income, property ownership, existing estate planning documents, insurance, family circumstances, and potential eligibility for government benefits.
Medicaid planning is also highly dependent on an individual’s circumstances and applicable eligibility requirements. Planning should be approached carefully rather than waiting until a crisis occurs.
At Keystone Elder Law, P.C., our elder law practice allows us to consider estate planning alongside long-term care planning, Medicaid planning, and asset protection when those issues are relevant to your situation.
Asset Protection and Estate Planning
Protecting assets is another consideration for many Lemoyne families.
Asset protection planning may involve examining how assets are titled, how beneficiaries are designated, whether trusts may be appropriate, and how potential long-term care expenses could affect a family’s financial resources.
The best strategy depends on your individual circumstances.
Planning earlier can provide more opportunities to evaluate available options. Waiting until a financial or medical crisis may limit the strategies that are available.
Our attorneys can help you consider estate planning and asset protection as parts of a larger plan for your family’s future.
What Happens If You Do Not Have an Estate Plan?
If you die without a valid will, Pennsylvania’s intestacy laws determine how certain assets are distributed.
That may result in property passing differently than you would have chosen.
Failing to establish appropriate incapacity documents can also create problems during your lifetime. Family members may not automatically have the legal authority to handle every financial or healthcare matter simply because they are related to you.
Estate planning gives you the opportunity to make these decisions in advance.
Instead of leaving important questions unanswered, you can establish documents that provide your family with direction.
When Should You Update Your Estate Plan?
Your estate plan should change when your life changes.
You may want to review your plan after:
- Marriage
- Divorce
- Birth or adoption
- Death of a beneficiary
- Death or incapacity of an executor or agent
- Significant changes in your assets
- Retirement
- Sale or purchase of real estate
- Starting or selling a business
- Moving to a different state
- Changes in tax or estate laws
- Changes in your healthcare or long-term care circumstances
Even if none of these events has occurred, periodically reviewing your estate plan can help confirm that your documents still reflect your wishes.
Probate and Estate Administration
Estate planning also involves thinking about what happens after you die.
Your executor or personal representative may need to identify assets, address debts and expenses, communicate with beneficiaries, prepare necessary documentation, and distribute property according to your estate plan and Pennsylvania law.
Depending on the circumstances, probate may be necessary.
Estate administration can become more complicated when a person has multiple properties, business interests, trusts, retirement accounts, significant investments, or complex family circumstances.
Thoughtful planning can help your family better understand what needs to happen when the time comes.
Keystone Elder Law, P.C. assists families with probate and estate administration as part of our broader estate and elder law services.
Why Families in Lemoyne Choose Keystone Elder Law, P.C.
Estate planning can involve deeply personal decisions about family, finances, healthcare, and the future. At Keystone Elder Law, P.C., we recognize that clients often come to us with questions rather than a clear understanding of what documents they need.
Our goal is to help you understand your options and develop a plan appropriate for your circumstances.
Our practice includes estate planning, elder law, estate litigation, estate and trust administration, life care planning, long-term care planning, Medicaid planning and asset protection, powers of attorney and living wills, probate and estate administration, and special needs planning.
You can learn more about our attorneys and professional team through Our Team.
You can also explore client testimonials to learn about experiences shared by people who have worked with our firm.
Educational Resources for Lemoyne Families
Good estate planning begins with understanding the issues that may affect you and your family.
Keystone Elder Law, P.C. provides educational resources for individuals and families throughout South Central Pennsylvania.
Our workshops provide opportunities to learn about estate planning and elder law topics. You can also subscribe to our newsletter for additional educational information.
For answers to frequently raised legal questions, visit our common questions resource.
Our blog also provides additional information about estate planning, elder law, long-term care planning, asset protection, and related topics.
Frequently Asked Questions About Estate Planning in Lemoyne, PA
Q. What does an estate planning attorney do?
A. An estate planning attorney helps individuals and families address legal issues involving wills, trusts, powers of attorney, healthcare directives, asset distribution, incapacity, and other estate planning concerns.
Q. Do I need a will if I do not have many assets?
A. You may still benefit from having a will and other estate planning documents. Estate planning is not only about the amount of property you own. It can also address guardianship, personal representatives, incapacity, healthcare decisions, and how property should be distributed.
Q. What is a power of attorney?
A. A power of attorney is a legal document that allows you to designate another person to act on your behalf within the authority provided by the document. Financial and healthcare powers of attorney can address different types of decisions.
Q. What is the difference between a will and a trust?
A. A will generally provides instructions that take effect after death, while a trust can govern the management and distribution of property according to its terms. Whether a trust is appropriate depends on your circumstances and planning goals.
Q. Can an estate plan protect my assets from long-term care costs?
A. Estate planning can be coordinated with long-term care and asset protection planning. However, the strategies available depend heavily on timing, assets, family circumstances, and applicable Medicaid rules.
Q. Does everyone in Pennsylvania have to pay inheritance tax?
A. No. Pennsylvania inheritance tax depends on the beneficiary and the type of transfer, and certain transfers may be exempt. The applicable rate can vary depending on the relationship between the decedent and beneficiary.
Q. When should I start estate planning?
A. Estate planning can be appropriate at many stages of life. Young adults, parents, homeowners, business owners, retirees, and older adults may all have different reasons to establish or update an estate plan.
Q. What happens if I become incapacitated without a power of attorney?
A. Depending on the circumstances, your family may need to pursue a court proceeding to obtain authority to manage certain affairs. A properly prepared power of attorney can help establish who you want to act on your behalf.
Q. How often should I review my estate plan?
A. You should consider reviewing your plan periodically and whenever a major life event occurs. Changes in your family, assets, health, residence, or applicable laws may affect your planning needs.
Q. How do I begin creating an estate plan in Lemoyne?
A. Start by identifying your family circumstances, assets, existing documents, concerns, and goals. An estate planning attorney can then help you determine which documents and strategies may be appropriate.
Schedule a Consultation With a Lemoyne Estate Planning Attorney
Your estate plan should provide more than a collection of legal documents. It should provide a coordinated strategy for addressing your family’s future, your financial affairs, your healthcare wishes, and the transfer of your property.
Whether you are creating your first estate plan or need to update an existing plan, Keystone Elder Law, P.C. can help you evaluate your options.
Our attorneys serve individuals and families in Lemoyne and throughout the surrounding South Central Pennsylvania communities.
Take the next step toward protecting your future. Contact Keystone Elder Law, P.C. to schedule a consultation or call (717) 697-3223.
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REGISTER HERE for LONG-TERM CARE PLANNINGPower of Attorney
A Power of Attorney can be used to give another person the right to sell a car, home, or other property in the place of the maker of the Power of Attorney. A Power of Attorney might be used to allow another person to sign a contract for the maker of the Power of Attorney (the person who makes a power of attorney is called the “principal”). It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the principal cannot do for one reason or another. With few exceptions, Powers of Attorney can give others the right to do any legal acts that the makers of the Powers of Attorney could do them themselves. A General Power of Attorney gives the “power of attorney Agent” or simply “Agent” (the legal name of the person who is authorized to act for the principal) very broad powers to do almost every legal act that the principal can do. When Elder Law Attorneys draft general Powers of Attorney, they still list the types of things the Agent can do but these powers are very broad. People often do general Powers of Attorney to plan ahead for the day when they may not be able to take care of things themselves. By doing the General Power of Attorney, they designate someone who can do these things for them.
Normal Powers of Attorney terminate if and when the principal becomes incompetent. Yet many people do Powers of Attorney for the sole purpose of designating someone else to act for them if they cannot act for themselves. It is precisely when persons can no longer do for themselves that a Power of Attorney is most valuable. To remedy this inconsistency, the law created a Durable Power of Attorney that remains effective even if a person becomes incompetent. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the principal’s incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed. Most Powers of Attorney done today are durable.
Yes. At the time the Power of Attorney is signed, the principal must be capable of understanding the document. Although a Power of Attorney is still valid if and when a person becomes incompetent, the principal must understand what he or she is signing at the moment of execution. That means a person can be suffering from dementia or Alzheimer’s Disease or be otherwise incompetent sometimes but as long as they have a lucid moment and are competent at the moment they sign the Power of Attorney, it is valid even if they do not remember signing it at a later date. At the time it is signed, the principal must know what the Power of Attorney does, whom they are giving the Power of Attorney to, and what property may be affected by the Power of Attorney.
Any competent person eighteen years of age and older can serve as an agent. Certain financial institutions can also serve. There is no course of education that agent must complete or any test that Agent must pass. Because a Power of Attorney is such a potentially powerful document, agents should be chosen for reliability and trustworthiness. In the wrong hands, a Power of Attorney can be a license to steal. It can be a big responsibility to serve as an agent.
For Medicaid
Medicare is health insurance and covers medical services such as physician appointments, therapy, blood tests, x rays, medical procedures and hospitalization. Medicare will sometime pay for rehabilitation in a long-term care facility for a period of 20 to 100 days, but not longer. In long-term care, Medicaid covers the cost of ongoing support services for daily functioning, such as room and board in a nursing home.
Medicaid is a federal program that is overseen by the Center for Medicare and Medicaid Services (CMS). In Pennsylvania, Medicaid is called Medical Assistance and is administered by the Department of Human Services (DHS).
In Pennsylvania, Medicaid funds are not available to pay for assisted living or personal care.
For Medicaid to pay for care in a nursing home, an individual recipient must be determined to need a nursing home level of care by a physician and the local Office of Aging. An individual whose income is not greater than three times the poverty level may keep up to $8,000 of total resources, but may otherwise keep only $2,400. The cash value of life insurance counts as a resource, but one car and a residential home does not count as a resource.
What an amazing team you have!!! Taking charge and getting things done, but also being so understanding and compassionate
Empowering Clients with Holistic Planning at
Keystone Elder Law
At Keystone Elder Law, we believe that the physical, social, legal, and financial considerations of our clients all intertwine. We utilize an interdisciplinary approach to evaluate each area, which allows for the creation of a plan that addresses the concerns of the individual as a whole as well as the family. To this end, our model of practice includes a Care Coordinator (usually a nurse or social worker), whose expertise complements our team of attorneys.
When the road of life is smooth, decisions about legal and financial matters are easy to push aside for “a rainy day.” Planning ahead, however, will allow for more options as you view the map of where you’ve been and where you want to go. Don’t let a crisis limit your choices or derail your plans.
(717) 697-3223