Recently, I have been helping an Executrix settle her uncle’s estate. She was his “favorite niece” and his Will provided that she would receive his entire residuary estate. The Will also provided that any inheritance taxes to paid as a Read More …
Category: Wills, Trusts, Estates, Elder Law
Spousal Election Against the Will
An issue has come up in my practice recently involving a spouse’s election against her husband’s will. I prepared the will, which named his three children by previous marriage and second wife as co-equal beneficiaries. In addition, the will permitted Read More …
Gifting Under Powers of Attorney
After eight years of litigation, I recently settled a case, In Re: Betty J. Fiedler, Nos. 2264 MDA 2013 and 35 MDA 2014 (Pa. Super.), involving gifting by an agent under a durable power of attorney. The case is illustrative Read More …
Advantages of Using a Solo Practitioner
I am bullish in recommending a solo practitioner for your legal needs. I have been a solo practitioner for most of my 27 year law practice career. There are some distinct advantages in working with a solo practitioner. In my case, in particular, Read More …
Gifting as Part of Estate Planning
Often times I get inquiries about the ramifications of making gifts as part of the estate planning process. There are a number of issues to consider before gifting should be done, including tax, Medicaid eligibility, control of assets and the nature of the assets Read More …
Powers of Attorney
Powers of attorney can be an especially tricky legal documents. They are subject to profound financial abuse if the agent selected by the principal to handle his or her financial affairs proves to be incompetent or unscrupulous. Accordingly, even though by Read More …
Estate Administration Guidance
If you are the named Executor under a will this is intended to give you guidance on what you should expect to occur during the estate administration process. Initially, you will need to obtain a death certificate from the funeral Read More …
Checklist for Preparing a Will, Power of Attorney and Living Will
Before meeting with a lawyer (and I do strongly recommend using a lawyer) about your will, power of attorney and living will a/k/a advance health care directive, there a number of things to think about. With respect to a will, Read More …
Estate Planning Considerations
Most of my clients in Lancaster, Pennsylvania who desire an effective estate plan can achieve their goals with well-crafted wills, powers of attorneys and advance health directives. There is no advantage to having a living trust from an inheritance tax Read More …
Wills, Powers of Attorney & Advance Care Health Directives
Most people do not have wills, powers of attorney and advance health directives. This can create unintended consequences in a variety of ways. For example, if a person who is married and has children should die his or her spouse Read More …