Wills & Estates

If you die without a will or will substitute, then your intestate property will pass under the intestacy statute. Not all property is intestate. For example, insurance policies with a beneficiary designation will go according to the designation. The intestacy statute is essentially the default estate plan created by the legislature. This is why it is so important to have a will or will substitute in place because it is very possible that the way politicians in Harrisburg choose to disperse your property may be very different from the way that you would have otherwise wanted. Having a valid will or will substitute in place ensures that your hard earned property will go exactly the way that you want.  

Under the intestacy statute, how your property would be disbursed depends on whether you have living parents or descendants, which includes children, grandchildren, and great-grandchildren. If you die with a spouse and no descendants, then your spouse would receive the first $30,000 from your estate, plus 50% of the remaining balance. Likewise, if you die with a spouse and descendants from the surviving spouse (i.e., biological children/grandchildren), then your spouse will get the first $30,000, plus 50% of the remaining balance. However, if you die with a spouse and with descendants that are not related to the surviving spouse (i.e., the surviving spouse's stepchildren/step-grandchildren) then your spouse will receive 50% of the intestate property.  

If you want to change your existing will, then a codicil may very well be the best way to do that. A codicil allows you to amend your existing will without creating an entirely new will. Through a codicil, you can add a new provision, revise an existing provision, or entirely remove a provision. If you are considering amending your will, please give me a call!  
 

 In order to challenge a will, the challenger must have somehow been harmed by provisions in the will. However, just because a will is not beneficial to someone is never enough grounds to challenge it. In order to challenge the validity of the will, the challenger is going to have to argue some specific defect. 

Grounds to Challenge the Validity of a Will

• A lack of capacity means that the challenger will have to argue that the testator was not of sound mind when they signed the will. To be of sound mind, the testator must generally understand what they have, who would get the property, and what they want to be done with the property. 

• Undue influence requires the challenger to argue that the testator was susceptible to being influenced, the alleged influencer had a confidential relationship, and the alleged influencer had a substantial benefit under the will. 

• Fraud requires that the challenger show that someone deceived the testator into making some provision in the will. 

• Forgery is simply arguing that the testator wasn't the one that signed the will, or that someone else added content to the will.

• Insane delusion requires the challenger to show that some provision in the will was based on some false figment of imagination due to illness. 

• Revocation is where the challenger tries to show that the testator revoked or modified the will prior to their death; therefore, the current will is no longer valid. 

There are two parties to any power of attorney--the "principal" and the "agent". Through a power of attorney, the principal conveys to the agent legal authority to the act on the principal's behalf. You can choose any adult to act as your agent, so long as they are competent. However, it is imperative that you choose someone that you trust. As the principal, you get to choose exactly how broad or limited you want the agent's powers to be. For example, you may grant the agent only the authority to do one specific thing, like sell a particular item. Conversely, you can grant broad authority to make financial and healthcare decisions on your behalf. If you are looking to create any power of attorney, please contact my office so we can discuss it further! 

No, your will does not have to be notarized, but it can make things easier to have a notary involved. The law only requires that the will be in writing and signed by the testator in order to be valid. Additionally, the will does not need to be signed in the presence of any witnesses. However, after the testator dies, at least two witnesses must acknowledge to the court that it is in fact the testator’s signature. Therefore, it is much easier to have the witnesses sign a notarized affidavit so that they do not later have to come to court.   

 An advanced healthcare directive is a legal document in which you declare your choices with regard to medical care in the event you develop a condition that prevents you from making your own decisions. It is your right to accept or decline medical procedures. For example, there may come a point where you would prefer not to be placed on a ventilator or have a feeding tube inserted. It is important to have an advanced healthcare directive in place so that if you are incapacitated due to a condition or medical emergency, your loved ones and medical team know exactly what you want to be done. An advanced healthcare directive allows you to give your medical team precise instructions.  

When you enter a hospital or a nursing facility, the medical professionals are required to ask if you have an advanced healthcare directive. At this time, you can simply provide them with a copy of the document so that it can be placed in your medical record. Additionally, you should provide a copy to a trusted friend or family member so that they can provide your medical team with the document.  

Absolutely! You can revoke an advanced health care directive through another writing or an act that clearly shows your intent to revoke. (such as ripping up the document). 

In most cases, the doctors will comply with your desires outlined in the directive. However, there are times when the medical team can reject the directive if it goes against policy or healthcare standards.  

The simplest answer is that you worked hard for the things that you have, so you should decide exactly how your property is distributed. Without a will, the intestacy law written by the politicians in Harrisburg will decide how your property is divided. Through a will, you can accomplish a number of important estate planning tasks. For example, you can disperse property, name a guardian for your surviving children and/or pets, and name the executor of your estate. No matter what stage of life you are at, whether young or old, it is important for everyone to have a valid will in place. If you are considering a will, please schedule a free consult with me so we can discuss your specific circumstances!  

At the heart of estate planning is the famous saying "you can't take it with you when you go"--Because you can't take property when you pass, it's important to describe how you want your property to be distributed. An estate plan is a proactive decision-making method that allows you to provide detailed instructions. An estate plan is not one specific document; rather, it is the utilization of a variety of different legal tools. It is important to meet with an attorney to discuss which legal tools will best accomplish your specific estate planning goals. I invite you to schedule a free consult with me so we can discuss your circumstances further. I hope to hear from you soon!