Tag: estate planning

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WHAT IS INCLUDED IN ESTATE PLANNING?

ALSO, WHAT SHOULD I DO WHEN MY CHILD TURNS 18?

Many times, people wonder what documents are contained in comprehensive Estate Planning.  They may be as follows:

  • A Will.
  • A Power Of Attorney
  • A Living Will.
  • A Medical Power Of Attorney.
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common law marriage

COMMON LAW MARRIAGE IN PENNSYLVANIA

Common Law Benefits

Pennsylvania stopped recognizing Common Law Marriages as of January 1, 2005; however, if you had established a Common Law Marriage in Pennsylvania prior to that date, Pennsylvania Law preserves the validity of such marriages.  An established Common Law Marriage may provide you with certain benefits such as spousal death benefits, Social Security surviving spouse benefits, or zero percent inheritance tax (as opposed to 15% for unrelated persons). 

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DIVORCE AND ESTATE PLANNING

What You Need to Know During a Divorce

Many legal issues surround divorce, such as the determination of custody, support, and equitable distribution of marital property. In addition to all of this, there are often emotional issues.  Updating an estate plan is generally at the bottom of your list, if it even makes the list, when you are going through a divorce.  However, updating estate planning documents, such as a Will, Power of Attorney, Health Care Power of Attorney, Advanced Medical Directive (Living Will), and Revocable Trusts should be a top priority.

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The Importance Of Reviewing & Updating Your Estate Plan

ESTATE PLAN UPDATES & REVIEWS

There are three main documents that encompass an estate plan: 

  1. A Will
  2. A Power Of Attorney
  3. A Health Care Directive or Living Will

In addition, certain situations merit creating a Trust or retitling real estate.  Estate planning documents should be reviewed every few years and revised as life changes require.  Some examples of life events that may prompt a review of your estate plan include marriage, separation or divorce, birth of a child, death of a family member, acquisition or sale of significant assets, receiving an inheritance, moving into Pennsylvania from another State or Country, retirement from employment,  eldercare parent or spouse situations, and changes to existing tax laws.

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WHY YOU NEED A POWER OF ATTORNEY

When we prepare an estate plan for our clients, we strongly recommend that it include a will, a power of attorney, and often an advanced health directive.  A power of attorney often referred to as a POA is a legal document that allows you as the principle to appoint another person to act as your agent or attorney-in-fact. The agent has the authority to act on your behalf and handle financial and personal affairs.

A power of attorney is important because a will has absolutely no effect until after the death of the person who wrote it.  A POA allows a person (or persons) that you name as your agent (or agents) to act on your behalf while you are incapacitated or are unable or unavailable to act on your own behalf.  You may also include a provision which allows your agent to receive medical information and give instructions to medical providers.

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ESTATE PLANNING:

TRUSTS FOR ANIMALS/PETS

Section 7738 of the Decedents, Estates and Fiduciaries Code of Pennsylvania provides for the creation of an Animal Trust to provide for the care of pets upon the owner’s death or disability. Learn about Estate Planning, Trusts for Animals/Pets.

It is not generally recommended that a formal trust be established for the care of a pet.  A better approach may be to discuss this issue with a family member or friend and obtain their agreement to care for the pet upon your death or disability. In this scenario, a specific sum of funds is set aside in your Will to provide for the expenses related to your pet’s ongoing care.  This eliminates the need to establish a formal trust account which would require additional, unnecessary expenses. The informal animal care approach is certainly is the more cost effective approach.

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COVID 19 Impacts That May Require Estate Planning Review

glasses, examine your estate plan

There are many compelling reasons to review your Estate Plan. The impact of COVID-19 is currently among the most important reasons. We offer specific factors here. The attorneys at Pyfer Reese are ready to assist you with your Estate Plan needs.

In reviewing your Estate Plan, you may want to consider the following:

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