Divorce | Wills | Living
Wills | Estates and
Probates | Trusts
This material is intended to be a general
statement of Will laws in Pennsylvania and is not a detailed guide.
Be sure to consult with an attorney if you have specific questions.
What is a Will?
What is a Living Will?
What is a
Power of Attorney?
What Happens if I Die Without a Will?
Can I prepare my own
Will?
How Much Does a Will Cost?
Can I give Money or Property to a Charity?
What Happens if there are Children Under Eighteen Years of
Age?
Who Should I Appoint as Executor of my Estate or Guardian of
my Children?
What if I have a Live-in Companion or am Gay?
What is a Will?
A will is a document that disposes of your property when you
die. You can change it any time before you die. Generally speaking,
every person over the age of 18 should have a will to instruct
his personal representative (Executor or Executrix) on what
to do when you die.
Your will should do several things:
1. Identify your property;
2. Divide the property;
3. Identify who gets the property;
4. Identify who handles the Estate and
5. If you have children under the age of 18, identify
someone who will handle
their affairs until they turn 18.
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What is a Living Will?
A Living Will is a written document that, in colloquial terms,
allows someone to “pull the plug” if you are in
a coma, state of permanent unconsciousness or otherwise disabled
and there is no hope of recovery. Living Wills are now very
popular since the Pennsylvania legislature has recognized their
validity. To learn more about living wills, visit the Living
Wills Information Page
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What is Power of Attorney?
A Power of Attorney is a written document that designates
someone to handle your affairs. A Power of Attorney is
popular for people who are elderly or who otherwise fear
becoming incapacitated.
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What Happens if I Die Without
a Will?
Through what is called “intestacy”, Pennsylvania
directs who gets what from your Estate. Without a will,
someone you barely know or even dislike might get part
or all your assets when you die.
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Can I prepare my own Will?
Sure. It has been my experience, however, that wills
obtained over the Internet, from formbooks or which are
otherwise “canned” cause
nothing but trouble. I have often advised people: “Sure,
go ahead and write your own will. You will save a few
bucks initially. But when I or someone else handles the
Estate,
your Estate will be charged more money than if an attorney
wrote the will initially. No will is so expensive that
it will not save you money in the long run.”
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How Much Does a Will Cost?
Generally speaking, a will is very inexpensive compared
to the benefits. If you telephone my office I will give
a “ballpark” price for a Will after asking
some basic questions.
Obviously, if your Estate is substantial (generally speaking,
over $650,000.00), a more complex Estate means a higher
fee. You may also need a written estate plan that will
get the right amount of assets to the right individuals
or charities at the lowest possible tax or cost.
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Can I give Money or Property
to a Charity?
Certainly. Make sure you know the exact name of the charity
and what you want to give and we can put a gift into your
will.
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What Happens if there are
Children Under Eighteen Years of Age?
Barring any unusual circumstances, upon the death of a
parent, children under 18 are subject to the control of
the surviving parent, who has “custody of the person” of
the child and “custody of the property” of
the child. If no parent survives the child, someone else,
a “guardian” has custody of the person and
custody of the property of the child.
Custody of the person generally means where the child lives,
and under what conditions. A child under 18 cannot live
where he or she wishes, and is subject to the control of
an adult.
Custody of the property of a child generally means making
investments, paying bills and administering the assets
of the child. A child under 18 does not have the right
to do so.
If you have children under 18, you should nominate someone
in your will to be the guardian of the person and assets
of your child. If you don’t the Court will appoint
someone to do so.
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Who Should I Appoint as Executor
of my Estate or Guardian of my Children?
Someone you trust and who you know will do a good job.
Obviously, if that person will take care of your child
and your assets until that child turns 18, you should discuss
many things well in advance.
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What if I have a Live-in Companion
or am Gay?
If you have a live-in companion or are gay, it is probably even
more important to have a Will. If you die without a Will, your companion
or partner will not get your assets. Depending on circumstances,
your property (including your house) will go to your heirs, who
might be your children, your parents, or maybe even brothers and
sisters or cousins. If there is hostility between those relatives
and your companion, they can virtually throw your companion out
of the house overnight. Under those circumstances, it is almost
always a disaster to die without a Will.
Attorney Banks has represented GLBT clients and will
handle any legal issues for these individuals tactfully
and appropriately.
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For more detailed answers on these
or any other legal matters,
please feel free to contact me at my office.
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