Secure Your Future with Keystone Elder Law
In old movies, you often see relatives gathered at a lawyer’s office for the “reading of the will.” This is not common practice in modern times. But if you have recently experienced the death of a family member, you may be responsible for carrying out the final wishes contained in their will or trust. Your first step should be to seek out an attorney to advise you.
Keystone Elder Law, P.C., is a team of dedicated New Kingstown estate and trust administration attorneys. We can sit down with you and explain your duties and responsibilities under the law. We know that for many people, this will be their first time dealing with the probate or trust administration process. That is why we offer professional representation and counsel at all stages of the process. We can help you get through this emotional period and help to ensure that your loved one’s memory is respected.
How Does Estate Administration Work in Pennsylvania?
Not every person who dies leaves a probate estate. A probate estate consists of any property owned by the deceased in their sole name that does not have a designated beneficiary. Any property in the probate estate must be disposed of either according to the terms of the decedent’s will or if there is no will according to Pennsylvania law governing what are known as “intestate” estates.
A probate estate also excludes any property that the deceased individual placed into a trust. Living trusts are commonly used in Pennsylvania estate planning for the express purpose of reducing the amount of property subject to probate distribution. Such property is administered by a successor trustee rather than the personal representative of the probate estate, although in some cases that may be the same person.
The actual process of administering an estate and/or trust can include the following:
- gathering all of the assets that belong to the estate or trust;
- paying any final taxes, debts, and expenses of the deceased;
- paying the costs of administering the estate or trust; and
- distributing any remaining property according to the terms of the will, trust, or Pennsylvania intestacy law.
How long the administration process will take depends on a number of factors. If the deceased left little or no property in their probate estate, then a formal administration may not be necessary. A trust is also not subject to the same degree of court supervision as a probate estate. But every trust and estate administration is different, which is why it is critical to speak with a knowledgeable attorney as soon as possible following your loved one’s death.
Contact Keystone Elder Law, P.C., Today
Many family members have no idea what to do when it comes to dealing with a recently deceased family member’s property. Our New Kingstown estate and trust administration attorneys can answer your questions and help set you on the right path. Contact Keystone Elder Law, P.C., today to schedule an initial consultation.
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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.
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