FAQs

After an individual passes away, the process by which you satisfy their debts, transfer/distribute assets, and wrap up the individual’s legal affairs is generally referred to as estate administration. Many times, to do so, an estate needs to be formally opened through the Register of Wills, in which case it is referred to as probate. There are times a formal estate does not need to be opened to handle the transfer of assets, for example, (1) if assets were held in a trust, (2) if the value of the assets is below the statutory threshold, a Small Estate Petition may be brought after the payment of debts and Inheritance Taxes, or (3) if all assets had beneficiary designations or were held jointly with right of survivorship. At your initial free consultation, we can evaluate the circumstances, and we will take the most cost-effective and inexpensive option available.

The length of the probate process can vary widely depending on the complexity of the estate, whether any disputes arise, and how quickly required court and administrative steps can be completed. While some straightforward estates may close within six months, others—particularly those involving complications or contested issues—can take significantly longer. In Pennsylvania, one of the primary factors affecting the timeline is the processing of the Pennsylvania Inheritance Tax Return. Because this return is due nine months after the date of death and often takes additional time for the Department of Revenue to review, even a routine estate with no litigation or unusual circumstances typically requires 1 to 2 years to complete. Working with an experienced probate attorney can help minimize delays, ensure compliance with all requirements, and keep the process moving as efficiently as possible.

An asset protection trust is a legal instrument created to protect your assets from creditors, lawsuits, and other financial threats. People of all income levels can benefit from an asset protection trust. An asset protection trust can help your family avoid probate, reduce inheritance taxes, and possibly avoid Medicaid spend-down requirements should you need Long-Term Care at the end of your life. Additionally, business owners and individuals with substantial assets can use asset protection trusts to preserve wealth, protect assets, and control how funds are used by beneficiaries. Trusts can be tailored to a wide variety of circumstances and provide both flexibility and protection.

If you pass away without a Last Will & Testament, there are default rules under the Pennsylvania statutes which dictate who receives certain property after your death. There are also default rules about who is in charge of handling your affairs and administering your estate. Often, these default rules are not what people want to happen. Additionally, some assets will go through the court probate process, and some will not. It is important to understand what will go to whom after you pass away so that you can plan ahead and make sure the people you care about most receive what you want them to receive. In the event you do not have a Last Will & Testament, often the person designated to be in charge of handling your affairs will be required to pay for and post a bond with the court, which can be avoided if there is a Last Will & Testament.

Just like there are default rules regarding who receives your property if you die without a Will, there are default rules as to who will be selected or is able to be sworn in by the Register of Wills to administer (handle) your assets and debts. The person in charge of administering your estate should be someone you trust who is able to handle finances and act responsibly.

A Power of Attorney is a document wherein you designate a person who is able to act for you in a certain situation. The person you designate to act for you in your Power of Attorney is referred to as your “Agent.” Typically, when people use the term "Power of Attorney,” they mean a Durable Financial Power of Attorney, which permits an individual to handle financial decision-making on your behalf. Having a Power of Attorney can be important in the event something tragic happens, or you are in a position where keeping up with your financial matters becomes too difficult for you. If you do not have one in place, and you are not able to handle your own finances, such as if you are hospitalized and unable to manage your own affairs, your only resort is for a family member to institute Guardianship proceedings before the Orphan’s Court, which is a lengthy and expensive process. In the meantime, you could default on mortgages or car payments, lose life insurance policies for lack of payment, or be unable to pay medical bills for your current care. Powers of Attorney can either be effective immediately after they are signed, or they can include a provision where they will only be effective upon a certain condition being met, such as if you are incapacitated.

In Pennsylvania, the term "Advanced Healthcare Directive" encompasses two documents combined, a Medical Power of Attorney and a Living Will. The Medical Power of Attorney designates another individual to make medical decisions for you if you are unable to make them for yourself. On the other hand, a Living Will explains for medical providers and your agent, what your wishes are for your care in the event you are at an end-stage or terminal condition, or if you are in a state of permanent unconsciousness. These can be agonizing decisions for loved ones if something unexpected does happen to you, and can cause arguments among family members. It is often best to choose the best person to make decisions for you in advance, and to be sure they know what you truly want regarding your care. This also creates a document that healthcare providers must consult and follow and can protect your interests when you cannot speak for yourself.

When a loved one passes away, wrapping up the legal aspect of their assets & debts is often a challenge and can feel overwhelming. Unfortunately, it can be a complicated and detail intensive process in Pennsylvania due to the fact that Pennsylvania imposes an Inheritance Tax, regardless of the size of your loved one’s estate. We understand that this is a hard time, and can assist you in navigating the process, whether you desire to be a hands-on executor, or you would like us to shoulder more the burden for you.

Trusts can be created for a variety of reasons to meet a wide variety of needs and can be either revocable or irrevocable. Depending on how a trust is crafted, it can meet a variety of different objectives including, but not limited to protecting assets from Medicaid Estate Recovery after you pass away, protecting your heirs from paying Pennsylvania Inheritance Taxes, qualifying for Government Benefits, ensuring property can be used by multiple generations, and protecting assets from creditors. We can help you evaluate whether you would benefit from creating a trust, as well as the pros and cons, so that you can make the best decision for yourself and your family.

We offer packages for a Last Will & Testament, Durable Financial Power of Attorney, and Advanced Healthcare Directive. Discounts are available for spouses, and we offer complimentary notarization.

Yes! Whether you are seeking to start a non-profit, and need assistance gaining 501(c)(3) and/or tax-exempt status, or whether you are a start up business and you need assistance forming an LLC or Corporation, we can help you create a solid foundation that will reduce stress and anxiety and help you accomplish your goals. We can also provide ongoing guidance as your organization/business continues to grow. Vanda Raszewski has a Non-Profit Management Certificate from Duke University, and a background in counseling closely held businesses. Starting with a solid foundation is the key to growth and reduced stress and anxiety, and we can craft documents to prepare you for to both planned and unexpected changes. For business owners who have spent their lives building their business, we can help you prepare to pass it on to your children, whether you want to do so during your lifetime, or after you've passed away. If you are unsure of how you want to organize your new business, we can assess your situation and help guide you to the right fit for your needs and your future plans.

No, unless you severely mishandle estate assets, creditors are not entitled to payment from anything but probate assets.

Step 1: Open the Estate: A Petition to Probate must be prepared and the Executor (or Administrator if there is no Last Will & Testament) sworn in at the Register of Wills. After the Estate is opened, the Executor or Administrator will receive Short Certificates, authorizing them to act on behalf of the Estate and will enable them to open a bank account for the Estate. The Estate must also be advertised to a local newspaper and legal journal, and legal notices must sent to beneficiaries (or heirs if there is no Last Will & Testament). Step 2: Gather Information about Assets: Generally speaking, there are two categories of assets: probate and non-probate. Probate assets are those which must pass through the court process to be distributed to beneficiaries or heirs after all debts, expense and taxes have been paid. Non-Probate assets are those that pass outside the court process, such as those with beneficiary designations, like Life Insurance, or TOD Bank accounts; or assets that are held jointly with right of survivorship, which transfer automatically under the law to the surviving owner. Each asset needs to be properly categorized to determine if it is subject to Inheritance Tax and to determine its taxable value and whether it is necessary to report the asset on the Inventory. Step 3: Gather information about debts: Not all debts are treated equally, some have priority over others under the law. If an Executor or Administrator pays low priority debts over high priority debts, they may be held liable to the high priority creditors. So especially in cases where an estate does not have enough money to pay all the debts, they must be paid in the proper order to protect the Executor or Administrator from liability. Step 4: Prepare and File Pennsylvania Inheritance Tax: The PA Inheritance Tax Return is due nine months from the date your loved one passed away. All probate and many non-probate assets are subject to taxation, but many deductions can be taken to reduce the Estate’s tax liability. Current Inheritance Tax Rates are as follows: 0 percent: on transfers to a surviving spouse or to a parent from a child aged 21 or younger; 4.5 percent: on transfers to direct descendants and lineal heirs (children, grandchildren, great-grandchildren; 12 percent: on transfers to siblings; and 15 percent: on transfers to other heirs, except charitable organizations, or other exempt institutions and government entities. Step 5: File the Inventory: An Inventory must be filed nine months from the date your loved one passed away. This is a snapshot of the value of your loved one’s probate assets on the date they passed. Step 6: Liquidate Assets & Pay Debts: Depending on the specifics of the estate, assets must be transferred and/or liquidated to pay debts, expenses and/or taxes. The funds remaining after all debts, expenses and taxes are paid, is what is available to be distributed to beneficiaries according to the Last Will & Testament, or to the heirs according to the laws of Intestacy. Step 7: Estate Accounting: Before closing an estate, an accounting must be prepared and filed with the court. It can be closed with a Family Settlement Agreement, which is a written agreement between the heirs/beneficiaries. A Family Settlement Agreement can be used if all heirs and beneficiaries agree, and all valid debts, expenses and taxes have been satisfied. If a Family Settlement Agreement cannot be used, then a Final Account must be presented before the court, and the distribution to creditors, taxing bodies, and beneficiaries or heirs must be approved by the court. Step 8: Distribution and Closing: After the accounting is accepted, the Executor or Administrator will distribute the estate according to the Family Settlement Agreement or court order, the Estate Bank Account will be closed, and a final filing made with the court to report the conclusion of the estate. This list is not exhaustive and outlines the fundamentals of the process. The specifics of each estate vary based on the types and amounts of assets and debts as well as the details of the heirs/beneficiaries. Throughout the process certain legal notices, status updates and court filings and fees will also be required.

Vanda Raszewski specializes in Estate Planning (Wills & Trusts), Medicaid and Long-Term Care, Powers of Attorney, and Business Formation.

#1 Respect: Every client deserves to be treated with respect. We strive to listen carefully to what you want, how you feel, and what you need, so that we can provide solutions that address your concerns and are tailored to your values and priorities. Our clients are people, not cases or fact-patterns, and we take care of our clients with the same care we would for our own family members. #2 Commitment: We promise to give you our absolute best effort! This includes exploring creative legal solutions and diving into the critical details of your case or situation. We don’t want to give you just any legal answers, we want to give you the best legal solution. Additionally, you will not be handed off to someone else, but will be in direct contact with your attorney from beginning to end. #3 Transparency: Hiring an attorney to represent you requires you place a great deal of trust in that individual, which we do not take lightly. When entrusted with such a responsibility, we want our clients to be at ease that they made the right choice. We prioritize transparency with our clients, strive to always be available to answer questions, and maintain honesty and integrity in all that we do. #4 Reasonable Prices: We understand that many times when people are in need of legal help they are not on the soundest financial footing. If we can get steeper you towards a less expensive, but equally effective option, we certainly will. Additionally, we provide discounts for veterans and their spouses, and can work with you regarding flexible payment arrangements if needed. #5 Clear Explanations: Legal terms and concepts can be confusing so we make every effort to ensure it is explained clearly to you in plain English. You should never sign anything you do not understand, so we take extra steps to clearly explain the scope and consequences of your legal decisions. Additionally, we excel at breaking down complex legal concepts in a way that makes them easy to comprehend and not so overwhelming.