Herr Potts & Potts Blog

Why Should I have a Power of Attorney in Pennsylvania?

Why Should I have a Power of Attorney? There are two types of Powers of Attorney – one governing legal and financial matters and another governing health care decisions.  Nominating a trusted loved one or friend to serve as your “agent” or “attorney-in-fact” by executing a Power of Attorney can make life easier for everyone in certain circumstances.  If you become unavailable or incapacitated, your agent or attorney-in-fact can transact business on your behalf as if they were you.  Whether you are traveling, in surgery, or just want some help with your affairs, your agent can write checks, pay bills, or authorize medical procedures.  Having these document in place can make life much easier for families trying to help their aging parents or spouses with finances and decisions about medical care or moving into a senior living home.  In situations where a loved one is suffering from cognitive decline due

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Why Should I have a Will in Pennsylvania?

Why Should I have a Will? Your Will is more than just a document that governs the distribution of your assets after your death. It contains your final wishes, and protects your family from unnecessary financial and emotional woes. In Pennsylvania, if you die without a Will, your assets will be distributed according to the Pennsylvania Intestacy Laws, which may not coincide with how you would wish your belongings and money to be dispersed. Instead of your spouse inheriting everything you owned, your minor children or elderly parents could end up inheriting assets that you intended for your spouse, and will owe inheritance taxes. Writing a Will lets you choose who will be handling the administrative and financial aspects of your Estate, rather than leaving your grieving family and friends to figure out who should be in charge. Making your wishes clear can prevent disagreements between family members about who

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What are the Executor’s Responsibilities After Probate in Pennsylvania?

Executor Responsibilities Under A Will In Pennsylvania Many people are unsure what they need to do when they are named Executor of a Will. An Executor has many legal responsibilities and has the duty to ensure that the provisions of the Will are fulfilled. First, the Executor will have to decide if the Will needs to be probated. If the Will is probated, there are a number of legal requirements that the Executor must fulfill. The Executor then has the authority to collect the decedent’s assets, pay any bills or taxes and then make distributions to beneficiaries. The Executor also will likely have to file a Pennsylvania Inheritance Tax Return, all income tax returns and possibly a Federal Estate Tax Return. An Account to the beneficiaries is also something that Executors will have to complete. Hiring an attorney is always helpful since being an Executor has many legal duties and

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What is a Special Needs Trust under Pennsylvania Law?

SPECIAL NEEDS TRUSTS Persons with disabilities and their families face significant challenges when designing an estate plan. Lawyers must be able to construct an estate plan to ensure that assets will be received and used for the disabled person as intended without jeopardizing governmental benefits. In Pennsylvania a Special Needs Trust is a trust designed to supplement government benefits. There are three main special needs trust types: 1)Common Law Trust 2)Payback Trust and 3)OBRA Pooled Trust. By utilizing a Special Needs Trust, the disabled family member can continue receiving governmental benefits (Supplemental Security Income, Medicaid, and other services) even though assets are over the eligibility limit . Assets in a Special Needs Trust can be used for such purposes as funeral planning, medical and dental care not otherwise covered by public assistance or private insurance, psychiatric / psychological / recreational / occupational therapy, home care aides, education, transportation, furnishings, and

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