Protecting Freedoms And Futures

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The Process Of Creating A Will In Pennsylvania

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, 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

Your last will and testament typically covers your financial and tangible possessions. It can also specify your preference for a guardian for your minor child(ren). To ensure that your will is valid, work with an attorney who can guide you through the correct process of signing it according to the laws of Pennsylvania. Your beneficiaries may be whomever you choose – typically closest family members and favorite charitable organizations.

Living Will

A living will is the document you can use to ensure that your wishes regarding medical treatments are precisely followed. It is often referred to as an advance directive because it will inform your health physicians on what you require for medical treatment. This document 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 Valid 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 you create the document. If you are in questionable 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 you 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 that 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.

Understand The Purpose Of A Will

The main purpose of a having a will is to organize what will happen to your estate after death. An attorney from our firm can assist you during the will creation 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.

Get A Lawyer’s Advice And Guidance

We are here to help you create or update the estate planning documents that you need.

Schedule a consultation by calling 412-998-1197 or sending an email message for a prompt response.