Get Help From a Top Pennsylvania Probate and Estate Administration Attorney
At Keystone Elder Law P.C., we are leaders in probate law and estate administration. Our firm puts your needs first. With a focus on helping middle-class people and middle-class families protect their rights and their interests, we put clients first. If you have questions about probate law or estate administration more broadly, we are here to help. Contact us at our Mechanicsburg office today for a confidential consultation with a top-tier Pennsylvania probate and estate administration lawyer.
We are Leaders in Estate Administration
Keystone Elder Law P.C. is a boutique law firm that is proud to lead the way in estate administration. We invest the time, the resources, and the attention to detail to help people and families protect their rights and their interests. We know that estate administration is complicated, and we know that your family does not want to take on the process alone. Our attorneys have earned a reputation as trusted leaders in estate administration across Pennsylvania. We guide families, executors, and personal representatives through every stage of the probate and estate settlement process. Along with other things, our Pennsylvania estate administration lawyers are prepared to help you with:
- Probate Filing: We handle all filings with the Register of Wills and represent you in Orphans’ Court as needed.
- Guidance for Executors: Our Pennsylvania attorneys advise executors and administrators on their legal duties, helping them avoid liability and delays.
Asset Identification and Asset Valuation: We help locate and accurately value estate assets, including real estate, financial accounts, and personal property.
- Debt Settlement and Creditor Claims: Our lawyers ensure valid debts and final expenses are handled properly and defend against improper claims.
- Distribution of Inheritance: Finally, when the time comes, we prepare accountings, assist with tax filings, and ensure beneficiaries receive their rightful share.
- Dispute Resolution: Estate administration is complicated. Disputes can arise for a wide range of different reasons. We work to resolve family or beneficiary disputes and litigate contested matters when necessary.
What is Probate?
Probate is the legal process through which a deceased person’s estate is administered and distributed. In Pennsylvania, probate typically begins when the named executor files the decedent’s will with the Register of Wills. The court then oversees the validation of the will, the payment of outstanding debts and taxes, and the distribution of remaining assets to beneficiaries. The goal of probate is to ensure that the decedent’s affairs are properly settled, but it can be complex, time-consuming, and public.
Note: Confirming the validity of the will is a big part of probate. However, if no will exists, then probate may still be required. However, the estate will be governed by the Pennsylvania intestacy laws instead of by the decedent’s wishes.
An Overview of Probate Law in Pennsylvania
Probate is governed by state law. If the decedent (person who passed away) is a Pennsylvania resident, then his or her estate will be handled under Pennsylvania Commonwealth law. While there are plenty of similarities, there are also many important differences in the probate laws from state-to-state. Here are some key points to know about the probate process in Pennsylvania:
- The Will Opens Probate: Probate begins when the will (if one exists) is submitted to the Register of Wills in the county where the decedent resided. The Register appoints an executor (if named) or an administrator (if not). If there is no will, probate will be controlled by the Pennsylvania intestate laws.
- Executor/Administrator Duties: The personal representative is responsible for collecting all assets, paying valid debts and taxes, preparing an inventory, and distributing the estate according to the will or intestate laws.
- Small Estate Procedures (Special Option): Estates valued at $50,000 or less (excluding some real estate) may qualify for simplified procedures. It is a process that allows for quicker and less costly administration. However, it cannot be used if there is a dispute.
Why Trust Our Pennsylvania Probate and Estate Administration Attorney
Probate law and estate administration is complicated. It is normal to have a lot of questions about your rights, your options, and what you need to do next. The founder of Keystone Elder Law P.C., Patrick Cawley is an estate planning and elder law attorney with extensive experience with probate and estate administration. We put clients and their families first. You do not have to figure out everything on your own. Along with other things, our Pennsylvania probate and estate administration lawyer is prepared to:
- Hear what you have to say and answer questions about your case;
- Gather and prepare all supporting documents, records, and information; and
- Handle all of your probate and estate administration issues.
Probate and Estate Administration in Pennsylvania: Frequently Asked Questions (FAQs)
How long does estate administration typically take in Pennsylvania?
It depends. The process usually takes between 9 to 18 months, but it can vary depending on the complexity of the estate. Some of the most important factors, including disputes among heirs, tax issues, or the need to sell real estate can cause delays. A qualified Pennsylvania estate administration attorney can help you and your family navigate the process.
How does the probate process work in Pennsylvania?
In Pennsylvania, probate is the legal process of proving a will, appointing a personal representative, and administering the decedent’s estate. Notably, the Register of Wills oversees probate, and the estate must be settled in accordance with Pennsylvania law, including paying debts and distributing assets. The complexity of probate depends on the size and nature of the estate. Though, it can be a complex process for anyone to navigate. A top Pennsylvania probate lawyer can help.
Do all estates have to go through probate in Pennsylvania?
No. In Pennsylvania, not all estates require formal probate. If the total value of the estate is $50,000 or less (not including certain real estate), Pennsylvania allows for a simplified process. You may hear it referred to simply as a small estate affidavit.
Note: It is important to remember that jointly owned property and assets with designated beneficiaries usually pass outside of probate.
Contact Our Pennsylvania Probate and Estate Administration Attorney Today
At Keystone Elder Law P.C., our Pennsylvania probate and estate administration lawyers have the knowledge, skills, and legal expertise that you can rely on. If you have any questions or concerns about your rights or your options, we are here to help. Call us now or contact us online today for your fully confidential, no-obligation initial consultation. We provide probate law and estate administration services throughout the Commonwealth of Pennsylvania.
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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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