In this article, you can discover… Which debts continue after a person passes away in Pennsylvania. Whether creditors can take money or assets intended for beneficiaries. When to involve an estate planning attorney in your loved one’s debts. What Debts Continue After A Person’s Death Under Pennsylvania Law? Nearly all valid debts will continue after a person passes away, and their estate will be responsible for paying those debts using estate funds or property. It is one of the executor's responsibilities to identify which debts exist that are valid and still owed by the estate so creditors can be paid before beneficiaries receive anything. It’s a crucial step and, if skipped, means that creditors can come after the executor for the money they’re owed. When identifying debts, don’t forget to check with the Pennsylvania Department of Human Services to see whether the Commonwealth has a…Read More
In this article, you can discover… What qualified as a “small estate” in Pennsylvania law. Whether a small estate petition can be used in light of outstanding debts. When to choose a full instead of simplified probate, and how an attorney can help. What Qualifies As A “Small Estate” Under Pennsylvania’s Small Estate Law? In Pennsylvania, a “small estate” is any probate estate with a value of $50,000 or less. If your loved one’s estate qualifies and if assets are accessible, then there is a streamlined process that is much less expensive than traditional probate. With small estate probate, you’ll be able to avoid appointing an executor, publishing newspaper ads, and formally filing an inventory for the estate. Many steps can be skipped, and the process is much simpler. Is “Small Estate” Probate Automatic If Assets Are Under A Certain Amount? “Small estate” probate is…Read More
In this article, you can discover… The legal responsibilities of an estate administrator in Pennsylvania. Whether it’s feasible to turn down a request to execute an estate. How to manage disputes between heirs, and how an attorney can help. What Are The Legal Responsibilities Of An Executor Handling An Estate In Pennsylvania? An executor (or administrator) of an estate has a fiduciary duty to the estate, and that is the highest standard of care. They are going to be responsible for identifying assets and debts, securing and protecting the assets, and ensuring all expenses and debts are paid. There is a lot of work to do, and it’s not an easy job. If you are selected as an executor, you must take the job seriously, as you can be held accountable by the court for failing to do your job properly. If I Find Out…Read More
In this article, you can discover… How to navigate leaving assets to someone with an addiction or mental health issues. The best ways to plan for your troubled child’s future and inheritance. How an estate planning attorney can offer seasoned guidance and make this process simpler. What Challenges Arise When Leaving Money To A Child With A Mental Illness? A major challenge can arise when your child is on Social Security Disability, Medicare, or Medicaid for mental health issues. In these cases, the inheritance they receive could disqualify them from receiving those benefits. Say you leave such a child $100,000. The large amount of money suddenly in their bank account will kick them off their benefits and may be quickly eaten up by medical costs. After the inheritance is depleted, they’re left with no money and no benefits, either. To navigate these concerns, a “special…Read More
In this article, you can discover… The key steps to estate planning as an older adult. What to do if you’ve put off planning for a while or aren’t sure where to start. How an attorney can help you protect your medical and healthcare wishes. What Are The Most Important Steps In Estate Planning For Seniors In Pennsylvania? First, we’ll sit down and identify your assets, determine how they’re titled, and see if any assets (such as a money market account) already have named beneficiaries associated with them. Many people don’t realize that once you’ve named a beneficiary on certain types of assets, that’s who it will go to upon your death, even if your will states something different. Next, I’ll help you identify your goals. You may wish to leave each grandchild $10,000, for example. Next, we’ll begin to talk about the best way…Read More
In this article, you can discover… The value and importance of estate planning for unmarried couples. Legal protections to have in place to protect your shared life. How an attorney can help unmarried couples better plan for the future. What Makes Estate Planning For Unmarried Pennsylvania Couples Especially Important? It has always been important for unmarried couples to plan their estate carefully. And while Pennsylvania law makes provisions to ensure a surviving husband or wife is cared for (even if there was no estate plan in place), no such legal protections exist for unmarried partners. Cohabitation agreements can help answer these questions. These are legally binding documents for unmarried couples that help define financial responsibilities, property rights, and what should happen to assets if the couple splits up or one partner passes away. Think of it as a prenuptial for an unmarried couple. I’ve helped…Read More
In this article, you can discover… The biggest challenges faced by blended families when estate planning. The role of prenuptial agreements in blended families’ estate plans. How an attorney can help ensure your estate plans are fair to all children. What Are The Biggest Challenges Blended Families Tend To Face When Estate Planning? One of the toughest aspects of estate planning for blended families is often simply talking about your estate plans. Family dynamics, hard questions, and the practical challenges of fairly dividing up your estate can make it difficult to begin these conversations. When I work with blended families, I start by helping couples articulate their expectations, which I can use as a basis to create tailored, formal documents. Remember, the worst thing you can do if you’re in a blended family is to do nothing and make no estate plans. If you’ve been…Read More
In this article, you can discover… The key legal differences between kinship adoption and guardianship. How parental rights differ in guardianship vs. kinship adoption. How to know whether guardianship or kinship adoption is the right choice. What Are The Key Legal Differences Between Kinship Adoption, Foster Care, And Guardianship? An adoption, whether it’s kinship, agency, or stepparent adoption, always involves terminating the biological parents’ rights and creating a new legal family relationship. In contrast, foster care is usually a temporary arrangement, often overseen by an agency, where a family or individual cares for a child without gaining legal parental rights. Foster parents provide care while the agency works with the biological parents to either help them improve their situation or make decisions about terminating their parental rights and possibly moving forward with adoption. Kinship adoption differs significantly from foster care because it legally establishes the…Read More
In this article, you can discover… The emotions that come with stepparent adoption. How attorney Deborah Lesko supports stepparents who are nervous about the process. How children are involved in the stepparent adoption process. What Inspires Families To Begin The Journey Of Stepparent Adoption? In most stepparent adoptions, the journey begins because the stepparent has already found themselves stepping into that parenting role and filling a gap that was left by an absent biological parent. For example, let’s say a biological mother has two children from a previous relationship and later marries. If the biological father has abandoned the children (providing no contact, no support, and no presence), then the stepfather often becomes the one who provides that love, structure, and support over the years. Other times, the stepparent has been in the child’s life since they were two or three years old. In those…Read More
In this article, you can discover… What families should understand when considering private adoption. What pitfalls adoptive families should avoid when seeking private adoption. How an adoption lawyer can support adoptive families. What Should Families Know When Considering Private Adoption In Pennsylvania? The first thing is to understand what we mean when we say “private adoption.” In Pennsylvania, a private adoption is a term we use for situations where the adoptive family and birth family connect outside of a licensed adoption agency. If an agency is involved in making the match, it’s considered an agency adoption. Otherwise, all others are considered private. One of the biggest challenges in private adoption is simply finding a connection to a birth mother seeking a better home for her child. Since there’s no agency actively searching for a match on your behalf, it often comes down to word of…Read More
