At Heritage Elder Law & Estate Planning, LLC, we advise our clients to look back at their established Last Will and Testament document every few years or so. If they find that their life circumstances have changed since the creation of their will, we then recommend that they return to…
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You may have already decided to forgo a Last Will and Testament for a trust. Or, at the very least, incorporate both documents into your overall estate plan. But from here, you must also decide which trust type to proceed with. That is, there are two main options of revocable…
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In your pursuit of establishing a valid and enforceable trust document, you may have already been informed of the necessity of naming a trustee. Specifically, a trustee is an individual or institution you call on to manage the assets funding your trust to benefit your designated beneficiary. Well, you may…
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Baby boomers are the generation of people born between 1946 and 1964. If you are a part of this generation and have yet to get started on your estate plan, we strongly encourage you that you do so, sooner rather than later. With that being said, please read on to…
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While you may still possess significant amounts of debt, you may have a comprehensive plan and schedule for dutifully paying them off. However, you cannot predict nor control when you are going to sadly pass away. So, your passing may happen at a time when your debts are still left…
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You may have worked tirelessly to put together your Last Will and Testament document. So with this, you may wonder why you would ever want to remove it from your estate plan. Well, believe it or not, our firm sees many clients who come in asking for help revoking or…
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Soon after the date of your unfortunate passing, the Pennsylvania probate court may read your will document and begin distributing your estate's assets according to your written wishes. However, this is, obviously, made impossible if there is no will document to begin with. This may leave the probate court with…
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At the reading of your loved one's Last Will and Testament, you may view their expressed wishes as confusing, and overall the whole plan may not make sense to you. This may have you start thinking about whether or not your loved one held a proper mental capacity when signing…
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You may have been warned more than once about the importance of establishing a Last Will and Testament before it is seemingly too late. Well, what may make this a doubly tricky scenario is if you not only sadly pass away without a will, but also pass away without any…
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When your loved one was still alive, and when they created their Last Will and Testament document, they may have chosen a particular individual to assume the role of executor. With this, they may have trusted this individual to carry out their wishes and manage their estate appropriately upon their…
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When your loved one sadly passes away, their estate will likely be administered through the legal process of probate. But if you have any doubts or disagreements with how this legal process is going, you may find yourself pleading your case in what is known as probate litigation. With that…
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You may feel secure in your marriage and not fear about your hard-earned assets being lost in a divorce. What's more, you may not be actively pursuing any business ventures that have your assets tied up. So, you may feel certain that your assets are protected and are almost guaranteed…
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It is quite admirable if you built your business from the ground up and made it the success it is today. This is also likely the most significant piece of your legacy you wish to pass down to your descendants upon your unfortunate passing. However, this transfer does not happen…
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Elder law is a legal practice that focuses on the legal needs of older individuals. With that, it slightly differs from estate planning law because it exclusively concentrates on the legal issues that arise with age; while estate planning laws may apply to just about anyone ready and willing to…
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When you establish a trust document, you must also name someone to serve as its legal owner and manager. This is otherwise known as the trustee. Appointing someone to step into this role is not a task that should be taken lightly. That is, it may be the determining factor…
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You may have led your life as a very modest, humble, and private individual. So it is understandable if you believe that the information you write down in your Last Will and Testament should be kept between you, your appointed executor, and your designated beneficiaries. However, this sense of privacy…
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Throughout your lifetime, you may have collected an innumerous amount of personal items, which may be of value to you both monetarily and sentimentally. You may have even forgotten about some of the smaller pieces of property in your possession. But it is important that, within your estate plan, no…
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Continue reading to learn more about a grantor trust and how one of the experienced Butler County trust attorneys at Heritage Elder Law & Estate Planning, LLC can help figure out whether this is a well-worth asset to your estate plan. What should I know about a grantor trust? In…
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Your stepchildren may have been a part of your life for many years, to the point you may consider them as your own children. Well, even if you see it this way, Pennsylvania estate planning laws may not. This means that you may have to make extra efforts to ensure…
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Your family home may hold great monetary and nostalgic value. For these reasons, you may want to pass it down to your children at the unfortunate time of your death. Well, there is a way that you can execute such a transfer within your estate plans. So please continue reading…
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There may have been a time when you could not imagine not wanting to leave your loved one with continued financial support upon your unfortunate passing. However, your relationship with this loved one may have changed, along with other life circumstances, and you may no longer find it appropriate to…
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These days, it seems as though everything has its own holiday or designated day or week of recognition. Well, it is easy to say that our firm's favorite celebration is National Estate Planning Awareness Week, which kicks off this week. Without further ado, please continue reading to learn what you…
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It is probably unbearable for you to think of a world where your minor children have to live without your guidance, support, and care. But when it comes to estate planning, you must think of and prepare for a worst-case scenario. So in a worst-case scenario where you sadly pass…
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It is sad but true that with age comes more and more medical complications. And though it is difficult to think about, there may come a time when you struggle or become unable to communicate your preferences in handling these complications. So you should make an effort to have all…
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Generally speaking, the first part of the estate administration process is probate. Without further ado, continue reading to learn whether all your assets will have to go through probate and how one of the experienced Butler County estate & trust administration attorneys at Heritage Elder Law & Estate Planning, LLC…
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A living trust is an estate planning tool that allows you to control how your assets are distributed to your beneficiaries when you, sadly, pass on. But to control how these assets are handled later on, you must place these assets into the trust itself now. With that being said,…
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You may have put in a lot of time, effort, and commitment to finalize your Last Will and Testament. So, understandably, you may not want to worry about looking back at it ever again. But any attorney would say it is important to readdress this estate planning document whenever you…
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Especially as you get older, you may hear more and more people talking about their estate plans or considerations for establishing one. With this, you may wonder whether you should follow suit. Well, please continue reading to learn who is recommended for an estate plan and how one of the…
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You may have worked hard throughout your lifetime to set yourself up nicely for retirement. Well, it is more common than you may think that retirees do not even come close to using all the funds saved in their retirement account before they, sadly, pass away. This is why it…
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When you think about creating an estate plan for yourself, your mind may automatically go to a Last Will and Testament. With this, you may wonder if a will is or can be the extent of your estate planning. In other words if your "estate plan" and "will" are interchangeable…
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One of your biggest fears may lie in sadly passing before your spouse without leaving them with enough financial security to take care of themselves adequately. For this reason alone, you may feel a sounder peace of mind if you establish a joint will rather than a standard, individual will.…
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There is more than one type of will to choose from. And you should become well-versed in every last type before incorporating one into your estate plan. Namely, this blog covers the specifics of a holographic will. Continue reading to learn the function of a holographic will and how an…
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You may have a loved one with special needs who is financially dependent on you. So you may want to, obviously, ensure that they continue to be financially taken care of when you are no longer around to do so yourself. This may have you looking into a special needs…
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Creating a comprehensive estate plan means never letting a stone go unturned. This is to say that you often have to decide between differing estate planning document types and ultimately establish one that will be the most effective for you and your desired beneficiaries. A common struggle that many individuals…
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You may establish your trust and other estate planning documents to make it easier for your beneficiaries when you are, sadly, no longer around. So the last thing you may want is to make an error in any of these documents that subsequently leads to complications in your estate administration.…
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As you have been getting older, you may have heard it stressed more and more just how important it is to establish a valid and enforceable estate plan. You must understand that this is a general rule of thumb that applies across the board, regardless of your marital status; whether…
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Dementia is a devastating condition that leaves individuals suffering from two or more brain impairments at a time (i.e., memory loss, communication struggles, problem-solving struggles, etc). You may think this could never happen to you, but you truly never know what complications may come with your older age. For this reason…
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Unfortunately, you must accept that there will come a day when you will no longer be around your children. However, you do not have to accept a reality where you can no longer financially support your children. That is, you may still uphold your duty as a financial provider of…
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You may have thought to leave your beneficiaries' inheritances in trusts instead of in your last will and testament so that they may reap a bigger payout. However, you may be tentative in giving them access to these funds straightaway, as they may have never handled such a large amount…
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Many prefer transferring their assets into a trust rather than simply listing them in their Last Will and Testament. This is primarily because a trust functions to forgo the Pennsylvania probate process, among other benefits. With this, you may wonder about the extent to which types of assets you can…
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You may have heard of a Last Will and Testament as being the most important estate documents to incorporate into your plan. However, depending on your specific financial circumstances, you may want to take your estate plan one step further by establishing an irrevocable living trust. Read on to discover the…
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You cannot escape your obligation to pay taxes, even upon your unfortunate passing. That is, there may be tax implications on your estate plan that you must be wary of. Read on to discover whether you can minimize the taxes imposed on your estate and how one of the seasoned…
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With the existence of a trust comes the involvement of three parties: a grantor, a trustee, and a beneficiary. Arguably, a trustee is tasked with the most responsibility to ensure the trust is executed properly. So if you are propositioned to be a trustee for your loved one's trust, you…
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It is sad to think about a time when your beneficiary finds themself in a financially dire situation. It is worse if this occurs when you are not around to provide them with financial aid yourself. You may do everything possible to leave enough behind for them in your estate…
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Whether it be your spouse or your parent composing their estate plan, they may eventually approach you to ask your willingness to serve as the executor of their last will and testament. This is a big ask and your response to it should be thought out wholeheartedly. Continue reading to…
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In estate planning terms, a trustee is an individual or firm you choose to hold or administer your property or assets within your established trust. As the grantor of a revocable trust, you may also serve as the trustee and then name a successor trustee when you, unfortunately, pass on.…
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Your designated executor is supposed to administer your estate in the explicit way you set out in your last will and testament. To conduct this administration properly, your executor must be fully transparent with your designated beneficiaries on their every move. In other words, this administration may not work if…
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You may have a special bond with your niece or nephew, making you view them more like a daughter or son. This may be especially true if you do not have children of your own, have been appointed as their legal guardian, or otherwise. With this, you may want to…
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You must not rush to the finish line in executing your last will and testament. In other words, you must not sign the bottom of this estate planning document before you confirm that it is valid and enforceable. After all, how you sign this document may make or break its…
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Once you provide your signature at the bottom of your last will, you may figure that you have, once and for all, squared away this important estate planning document. However, it may not be safe to assume this. This is because you may have undergone significant life changes not reflected…
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Understandably so, deciding who should be the executor of your estate may be more difficult to determine than the contents of your estate plan itself. However, this should not deter you from establishing an estate plan altogether. In actuality, the solution to this may seem quite simple with proper legal…
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In establishing your living trust, you are essentially transferring your assets to the ownership of the trust. Then, upon your unfortunate passing, your assigned trustee may distribute these assets to your designated beneficiaries. This may be a tough concept to grasp at first, but it should not force you to…
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When considering an estate plan, the first tool that individuals may gravitate towards is a last will and testament. However, the possibility of establishing a living trust must not be written off right away, as there are many benefits that you and your beneficiaries may reap from this. Follow along to…
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A revocable living trust is an estate planning document in which you give someone else the authority to make decisions about the money and other property that you have transferred into the trust. This "someone else" is known as a successor trustee. Follow along to find out how to choose…
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It is an unfortunate statistic that financial abuse is the third most common type of elder abuse that is reported in the Commonwealth of Pennsylvania. More specifically, in the fiscal year 2020 to 2021 alone, there were a reported 1,857 cases. This is all to say that you must make…
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Your last will and testament is arguably the most important document you may incorporate into your estate plan. For this reason, you may want to maintain full control over its writing and its overall establishment. However, without seeking legal advice at one point or another, you may risk it being…
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You may have been conscientious in planning to leave behind certain parts of your estate for your beneficiaries. So it is understandable that you do not want your efforts to be jeopardized by any external factors, such as collection activities by your creditors. Rest assured, certain planning documents may work…
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Before your trip, your itinerary may consist of packing your bags, confirming all your reservations, and even getting your house in order. The last thing you may consider doing at this time is locating your estate planning documents, let alone making edits to them. However, you may want to start…
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Your last will and testament is arguably the most important legal document that you may incorporate into your estate plan. This is because this document allows your assets to be distributed to your desired beneficiaries at the time of your unfortunate passing. However, this may only be made possible if…
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You may be generous with the assets that you have collected over the years. That is, you may consistently gift your loved ones with your assets while you are still around to offer them your financial support. However, if the gifts you are issuing are of considerable value, then you…
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You may have wanted to be ahead of the curve in establishing your estate plan, as wisely so. However, since then, you may have undergone significant life changes that may make your established estate plan an irrelevant and/or inaccurate representation of your present self. For example, you may have since…
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It is commonly recommended to establish a trust over a will if you have significant financial assets. This may especially apply if you have a considerable amount of cash on hand and in your safety deposit box, along with a substantial net total in your checking, savings, and money market…
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A qualified terminable interest property (QTIP) trust is one of the several irrevocable trusts that you may incorporate into your estate plan in the state of Pennsylvania. This type of trust is especially worth considering if you are married and thereby wish for your spouse to be financially taken care…
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Your family limited liability company (LLC) is a legal entity that may serve as a powerful tool in your estate plan. That is, it may allow your family members (i.e., beneficiaries) to reap the maximum amount of benefits when inheriting your assets upon your unfortunate passing. Read on to discover how…
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When composing your estate planning documents, it may be easy to account for your tangible assets; that is, the ones that you can see, touch, and possibly use every day. However, many people forget to incorporate their intangible assets into their plans, as well. Meaning that they forget to create…
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At the time when your loved one, unfortunately, passes away, it is understandable to want to take ample time to mourn. This is why it may be frustrating to have to undergo the probate process. What's worse is if this process creates disputes amongst your family members, when in reality…
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It is an unfortunate truth that, as we grow older, our medical needs become more and more significant. This is why it may be worth establishing healthcare plans in your estate plan. More specifically, a Medicare or Medicaid plan may not be enough, so you may want to also consider…
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As a business owner, your worries concerning your business may never stop. And these anxieties may go as far as what hands your business will be left in after you are gone. Well, you may rest easier knowing you can put these concerns to bed through a comprehensive estate plan.…
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You may think that you set aside enough assets in your estate plan for your loved ones to be comfortably supported when you are no longer around. However, you must consider the serious tax implications of your estate plan. More specifically, Pennsylvania enforces a 4.5 percent estate tax to transfers…
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It may not be enough to simply leave your assets behind for your loved ones. This is because you never know what significant life event your loved one may encounter when you are no longer around to protect them. For one, there may be an incident in which your loved…
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Understandably, you may not want to plan for the day on which you will part from your loved ones. However, making an estate plan is arguably one of the most important things you can do in your lifetime. This is because an estate plan allows you to ensure that your…
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You may have been fortunate enough to allocate a significant amount of assets throughout your lifetime. And you may want to grant your favorite charity with these assets upon your passing. This may especially be your case if you only have a few loved ones you wish to name as…
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You may just think of an estate plan as something that individuals decide to create in the later years of their life; a rite of passage, if you will. However, there are specific reasons behind why many individuals decide to do so. Namely, their estate plan may work to aid…
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Upon remarrying, you may be excited to start a new life with your new spouse, all while welcoming stepchildren into your family. However, you must not forget that with your significant life changes may come necessary tweaks to your estate planning documents. Read on to discover how blended families are supposed…
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You may already have estate planning documents in place so that you may pass down your personal possessions to your loved ones. But if you are a business owner, you must also consider how this is going to be succeeded. Read on to discover what a business owner should consider in…
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It is disheartening to even think about an unfortunate event in which you leave your minor children behind. However, you must cover all of your bases in case this situation reigns true. Continue reading to learn how to protect your minor children and how one of the experienced Butler County estate…
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You may have committed a great deal and effort toward establishing your will. So if you think of things to add or change your mind about certain things afterward, you may be hesitant to go back and start the process over again. Rest assured, there are ways in which you…
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Ironically enough, you may have to plan ahead before you begin planning your estate. Read on to discover how to properly prepare for estate planning and how one of the seasoned Butler County estate planning & probate attorneys at McNerney & McAuliffe can support you through this process. What assets…
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As a trustee, you are obligated to perform many tasks surrounding the grantor's estate. This includes withdrawing money from their trust and using it for necessary expenses or aiding beneficiaries. However, this action must be done at the appropriate time. Read on to discover the right time to withdraw money and…
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You may assume that, since you and your spouse have lived in your house together for years, they will automatically earn rights over it when you pass on. Though, you may be sadly mistaken to hold this expectation. Continue reading to learn who inherits your house if your surviving spouse is…
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Setting up your life insurance is one of the most helpful things you can do for your beneficiaries. Like other estate planning tools, life insurance works to keep your beneficiaries financially supported when you are, unfortunately, no longer around. Read on to discover how to utilize life insurance in your estate…
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When your grandchild enrolls in a college, you may want to show your support in their journey by financially contributing to their education. However, there may be tax implications when transferring a significant lump sum of money. What's more, there may be financial aid implications for your grandchild. Continue reading…
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You may be making a conscious effort toward saving your assets so that, eventually, they may be passed down to your loved ones. But it is an unfortunate possibility that, with age, you may no longer be able to take care of yourself; and your loved ones may make the…
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You may know a will to be the most common estate planning document there is to establish. But you may not know that there are different types of wills you may incorporate into your plan. For example, there is a document known as a pour-over will. Read on to discover…
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The odds are that you wish for your loved ones to band together when the day comes that you, unfortunately, pass on. And likely the last thing that you wish is for your loved ones to turn against each other for the sake of an inheritance. Rest assured, your estate…
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Though it may be difficult to admit, you may believe that is best for you to remove your child as a beneficiary of your estate plan. Rest assured, we sympathize with the set of circumstances that drove you to this thought. Read on to discover whether it is possible to…
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A common misconception is that your beneficiaries will receive the entirety of the assets that you leave behind for them. But in reality, even with a valid and enforceable estate plan, your beneficiaries may only recover a percentage of this. This is due to the estate taxes that your assets…
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When the day comes that you are no longer around, you may have every intention of having your assets transferred to your loved ones. But at the same time, you may run the risk of having your money and other property collected by your creditors instead. This is when an…
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Though it is unpleasant to think about, you must accept the fact of life that you are not going to be around forever. So, the fact of the matter is that there is no legitimate reason to procrastinate in creating an estate plan. Yet, people still commonly fail to take…
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Your estate plan can be very beneficial in that it may take care of your loved ones financially when you are, unfortunately, no longer around. But this is so long as it is properly prepared. This is especially the case for your living trust. Read on to discover the common…
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In your possession may be family heirlooms that may not hold economic value but, nonetheless, hold sentimental value. With this, you may be unsure as to how they fit into your estate plan. All the while, you may want to ensure that they stay in your family's possession once you…
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When you are working toward establishing your trust, one of the decisions you must solidify is who your executor will be. Namely, your executor will work on your behalf to maintain and distribute your assets in accordance with your wishes. Follow along to find out how you may determine who…
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It is never too early to schedule your initial consultation with an estate planning attorney. But first, you must ensure that you prepare the right documents so that an attorney can best serve you. Though, collecting such paperwork should not deter you from the consultation. Continue reading to learn what…
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As you may likely assume, you must put a lot of thought and attention toward making your estate plan. Any misstep or discrepancy may just make your documents invalid and void. Continue reading to learn what mistakes you should avoid in this process and how one of the experienced Butler…
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You may have designated your spouse as the beneficiary of your estate. But, understandably so, you may want to change this designation if you end up in a divorce. Read on to discover whether it is possible to change your beneficiaries after your divorce and how one of the seasoned…
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It is sad to think about the possibility of leaving your pet behind when you, unfortunately, pass on. But you may rest easier knowing that there is a way to still protect your pet when you are no longer around. Follow along to find out how you can ensure your…
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Depending on what your needs are, there are several powers of attorney options you may choose from. One of these options is the medical power of attorney. Continue reading to learn more about the medical power of attorney and how one of the experienced Butler County power of attorney lawyers…
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While you may remember to grant your executor access to your bank account, you may forget that this entails giving them access to the information to get into your online account (i.e., username, password, PINs, answers to security questions, etc). This is just one example of a digital asset you…
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If you have a loved one with special needs, you likely worry about their well-being every single day. What's more, you likely worry about how they are going to be taken care of once you, unfortunately, pass on. Though it is sad to think about, you must prepare for this…
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If you are married, you and your spouse may have similar wishes when it comes to your estate plans. This is where a mirror will may come into play. Continue reading to learn what a mirror will is and how an experienced Butler County will preparation attorney at Heritage Elder…
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