Why Estate Planning Is Essential in Pennsylvania

Nicole Marzzacco, Esq. (717) 221-7977, nmarzzacco@tuckerlaw.com 

Let’s face it, we don’t necessarily want to start planning for what happens when we die—who gets all my “stuff”? Where do I want to be buried? How do I make sure my wishes are followed? Often, people push this to the back burner and fail to take the necessary steps to solidify their plans. Creating a valid estate plan early makes things easier for a person’s family and ensures that their final wishes are fully carried out.

When a person creates a will, they decide who will inherit what, who will care for their minor children, and reduce the stress and costs for their family.

What is an estate plan?

 Typically, a simple estate plan consists of the following documents: a will, a durable power of attorney, and an advanced health care directive. The power of attorney and advanced health care directive operate during a person’s lifetime and become ineffective when a person dies. When a person dies, the will takes over and distributes what the person had as set forth in the document.

Power of Attorney and Healthcare Directive

A power of attorney allows you to name a person to act on your behalf in the event you are unable. This includes the ability for property management, access to bank accounts, and almost anything else a person might need when acting on your behalf. The power of attorney is very broad, because in the event your agent must use it, we don’t want them stuck and unable to act in your best interest.

Like a power of attorney, a healthcare directive allows a person to name an agent during their lifetime to make medical decisions if they are unable to. This includes the ability for a person to hire or discharge medical staff, consent to different procedures, and make other medical decisions.

Will

A will lets you decide exactly who receives your property. Without one, Pennsylvania’s intestacy laws apply, and the state follows a strict formula that may not reflect your wishes or your relationships. Often times, the intestacy laws fail to take into account long term partners that may have never married or leave part of the estate to a family member you have a strained relationship with.  

If you have minor children, a will allows for you to appoint a guardian for your children if something happens to both you and their other parent. Without naming a guardian, the Court will need to decide, which takes some time.

A clear estate plan helps streamline probate, minimize expenses, and prevent disputes. It also ensures someone you trust is managing your affairs.

 If you’re ready to put a plan in place connect with Nicole Marzzacco at (717) 221-7977 or nmarzzacco@tuckerlaw.com.