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Creating a Will in Pittsburgh

Estate Planning Process in Pittsburgh, PA

The creation of a will is an important step to any estate planning process. It will assist in the proper and fair distribution of your estate after you pass away. It makes sure that your children, spouse, pets, and home are provided for even when you can no longer personally make this occur. At Temple & Frayer Law, we can verify that the creation of your will follows all relevant Pennsylvania and federal laws. It is also important to make a profound decision on who will administer the will in the event of your death.

Requirements of a Will

Last Will and Testament
The document you will need to file is called a Last Will and Testament which deals with both real and personal property. There are certain requirements when creating a Last Will and Testament in the state of Pennsylvania. The administrator of your will (also called a testator) must be above 18 years old, fully capable of reasoning and decision making, and must personally sign the will. Witnesses are not mandatory by law, however many Registers of Wills insist upon no less than two witnesses to be present at the time of probate. The beneficiaries of the will can be either an individual or a charitable organization.

Living Will
A Living Will is the document you can use to ensure that your wishes regarding medical treatments are precisely followed. This document is often referred to as an advance directive because it will inform your health physicians on what you require for medical treatment. It is beneficial when you need medical attention and cannot speak for yourself. It is mandatory that the will be in writing or else it will not have legal consideration.

Pour-Over Wills
For persons who wish to avoid the stress and worry that can come from trying to transfer all of their assets and property into a living trust before they pass away or become incapacitated, the pour-over will is a good alternative option. Utilizing a pour-over will can ensure that any assets which are not transferred into a living trust before an individual's passing will instead be poured-over into the living trust.

Creating a Will in Pennsylvania

Pennsylvania law establishes how you can create a will within the state. In order to create a legally recognized will, you will need to prove that you are creating the document of your own accord and have not been pressured to do so by another individual. You also must be mentally competent at the time that you create the document. If you are in question able condition then the courts may require that you submit to a checkup before you are able to draft the document. This is because at your death, if your heirs do not agree with the terms of your will, they may argue that you were not of sound mind when you wrote it. You will need a medical inspection that will confirm that these truly were your desires concerning the future of your estate.

If you meet these two important requirements, then you need to comply with the elements of the Pennsylvania probate code. A legal professional can stand alongside you as your create your will and can help you to determine whether or not you have been able to adhere to the state codes. If there are elements in your will which won't be upheld in probate court, an attorney can help you to edit these aspects of the document. If you don't have a legal professional there to help you make sure your will is in line with the law, there is a chance that it could be deemed invalid in the court after your death and your estate would be subject to the intestate probate procedure. This means that the court will use their method to determine who gets what elements of the estate. This may be contrary to your wishes so it is very important to make sure that your will is drafted correctly.

The estate administration process can be complicated, especially if the conditions set forth in a person's will do not seem to accurately reflect what he or she would have typically wanted. In these cases, the family and friends of the decedent might need to contest the will in order to ensure that it was not created in any manner that could have altered the conditions set forth in the document.

Purpose of a Will

The primary intent of a will is to list the plans of a decedent in matters involving his or her estate post death. If you are planning for your future and desire to create a will, a lawyer from our firm can help lead and direct you through the process, seeing to it that each portion of the document abides by Pennsylvania laws. A second important purpose of a will is to charge a guardian for your children in the event of your death and to delegate a trusted friend or family member to administer your will. You have the right to distribute your property and assets to your liking. The creation of a will, with the proper assistance of a legal professional, protects your estate from undesirable distribution.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.