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Estate Planning under Pennsylvania Law

Estate planning is an important aspect of financial and personal planning that can help you ensure your assets are distributed according to your wishes and that your loved ones are taken care of after you pass away. Pennsylvania law offers a variety of estate planning options, including wills, trusts, powers of attorney, and advance health care directives. At TroeseLaw, our experienced lawyer, John Troese, can help you understand the estate planning process and create a plan that meets your unique needs and goals.

Wills

A will is a legal document that outlines how you would like your assets to be distributed after you pass away. In Pennsylvania, a will must be in writing, signed by the testator (the person making the will), and witnessed by two witnesses. A will can also appoint a personal representative (also known as an executor) to carry out the terms of the will and distribute your assets according to your wishes. Wills are an important part of estate planning because they provide a clear plan for the distribution of your assets and can help your loved ones avoid probate, which can be a time-consuming and expensive process.

Trusts

A trust is a legal arrangement in which a trustee holds and manages assets for the benefit of one or more beneficiaries. Trusts can be revocable, meaning you can change or revoke the trust, or irrevocable, meaning the terms of the trust cannot be changed once it is created. There are many different types of trusts, including living trusts, testamentary trusts, and special needs trusts, and each type has its own unique benefits and drawbacks. Trusts can be an effective estate planning tool because they can provide asset protection, minimize taxes, and provide for the care of loved ones with special needs.

At TroeseLaw, John Troese can help you understand the different types of trusts and determine which type is best suited for your needs and goals. He will work with you to create a comprehensive estate plan that includes a trust or other estate planning tools, as appropriate, to ensure your assets are protected and distributed according to your wishes.

Estate planning can be a complex and overwhelming process, but with the help of an experienced lawyer like John Troese, you can ensure that your assets and loved ones are protected. Contact TroeseLaw today to schedule a consultation and learn more about how we can help you with your estate planning needs.

Powers of Attorney

In Pennsylvania, there are two main types of powers of attorney: durable and springing. A durable power of attorney remains in effect even if you become incapacitated, while a springing power of attorney only becomes effective if you become incapacitated. Durable powers of attorney can be either general, which gives the appointed agent broad authority to make decisions on your behalf, or limited, which restricts the agent's authority to specific matters.

A springing power of attorney is typically used when someone wants to grant authority to an agent only in the event that they become unable to make decisions for themselves. The activation of a springing power of attorney typically requires certification by a physician or other medical professional that the grantor is indeed incapacitated.

In addition to general and limited durable powers of attorney and springing powers of attorney, there are also specialized powers of attorney, such as a financial power of attorney, which gives the appointed agent authority to make financial decisions on your behalf, and a medical power of attorney, which gives the appointed agent authority to make medical decisions on your behalf.

Regardless of the type of power of attorney you choose, it is important to choose an agent you trust and to ensure that the power of attorney clearly outlines the agent's authority and responsibilities. At TroeseLaw, John Troese can help you understand the different types of powers of attorney and determine which type is best suited for your needs and goals. He will work with you to create a comprehensive power of attorney that gives you peace of mind and ensures that your wishes are carried out even if you are unable to make decisions on your own.

Advance Health Care Directives

An advance health care directive, also known as a living will, is a legal document that outlines your wishes for medical treatment if you become unable to make decisions for yourself. In Pennsylvania, an advance health care directive must be in writing, signed by you, and witnessed by two witnesses. An advance health care directive can include instructions for medical treatment, the appointment of a health care agent, and your wishes for end-of-life care.

At TroeseLaw, John Troese can help you understand the importance of an advance health care directive and create a document that reflects your wishes and values. He will work with you to ensure that your advance health care directive is comprehensive and provides clear guidance for your loved ones and medical providers in the event that you are unable to make decisions for yourself.

In conclusion, estate planning is an important aspect of personal and financial planning that can help you ensure that your assets are distributed according to your wishes and that your loved ones are taken care of after you pass away. At TroeseLaw, John Troese can help you understand the estate planning process and create a comprehensive plan that meets your unique needs and goals. Contact us today to schedule a consultation and learn more about how we can help you with your estate planning needs.

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