The Sojourner's Journey

Estate Planning Myth - a will avoids probate A will does not avoid probate. In Pennsylvania, a will is the document that gets probated. Probate is the process, centered at the Register of Wills in the county where the person lived, of proving the will, appointing someone to act, and supervising the transfer of property that was in the decedent's name alone. The Register issues letters of testamentary to the executor named in the will. Banks, brokerages, and title companies

Adulthood, not age 65, is the trigger. A Pennsylvania will names a guardian, and powers of attorney cover incapacity long before retirement. "We will get to it when we are older" is the most expensive sentence in estate planning. It assumes the risk shows up at retirement. It does not. Two things trigger a plan. The first is adulthood. The second is anyone who depends on you, or any asset in your name alone. Age 65 is not on the list. Start with incapacity, because that

Marriage is not a power of attorney, and Pennsylvania intestacy does not leave everything to a spouse who has children. Beneficiary forms can override both. “My spouse will handle it” is a kind sentence. It is not a legal rule. It helps to split the problem in two. One is the year you are alive and cannot manage your affairs. The other is the year after you die. Marriage does not solve either one by itself. Start with incapacity. If the house is in your name alone, your spou

Pennsylvania inheritance tax has no general dollar threshold. A basic plan is about the house, the children, and who can act if you cannot. Most people hear "estate planning" and picture a family office. That picture comes from the federal estate tax. The federal tax reaches only very large estates. For 2026, the basic exclusion amount is the multi-million-dollar range, on the order of $15 million per person. If that is the only tax you have heard of, the myth is underst

What Is a Financial Power of Attorney? A Financial Power of Attorney is a legal document in which you (the principal) appoint another person (your agent or attorney-in-fact) to make financial and property decisions on your behalf. This can include tasks like paying bills, managing bank accounts, filing taxes, buying/selling property, or handling investments. In Pennsylvania, these documents are governed by Chapter 56 of Title 20 of the Pennsylvania Consolidated Statutes. They

Pennsylvania Estate Planning is for everyone! Estate planning isn’t only for the wealthy or elderly—it’s for every adult who wants to protect their loved ones and have their wishes honored. The most common starting point is a will-based estate plan. These core documents cover both death and incapacity. Here are the key pieces: Last Will and Testament: This names your executor, directs how your assets should be distributed, appoints guardians for minor children, and can create

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.” If you’re in the middle of a green card process, this headline may sound alarming. Here’s the clear, straightforward explanation of what it actually means for you. What the Memo Does NOT D

As uncomfortable and uninspiring it is to think about this possibility, we all know it is a real possibility. The common scenario I will review is what I call the classic family - first marriage, children are biological children of husband and wife; four children in the family. The will is structured such that the first to die passes the estate to the surviving spouse. But what happens if one child dies before mom and dad pass away? In the wills we draft, the typical scena

Pennsylvania does not impose many requirements on the writer of the will (testator). Any person who is over 18 years old, and of sound mind, may make a will. 20 Pa.C.S. § 2501. To execute a will, the writer of the will must sign it at the end. Pennsylvania does not require witnesses, nor is there a requirement to sign the will in front of a notary. Written by a person who is at least 18 years old, is of sound mind, and the will is signed at the end. However, there are l

The biggest estate planning mistake is simple: doing nothing. Many people assume estate planning is only for the wealthy. In reality, every adult benefits from basic documents such as: - A will - Financial power of attorney - Healthcare power of attorney Without these documents, the state and the courts make decisions about your finances, healthcare, and property. Estate planning is not just about wealth. It is about protecting your family and ensuring your wishes are respect

Estate planning is not something you do once and forget. Life changes, and your estate plan should change with it. You should review your estate plan after major events such as: - Marriage - Divorce - Birth of a child - Purchasing property - Starting a business - Moving to another state Even without major life changes, reviewing your plan every three to five years is a good practice. Regular updates ensure your documents reflect your current wishes and your family’s needs.

A revocable living trust is a legal tool used in estate planning to manage assets during life and transfer them after death. You create the trust and typically serve as the trustee while you are alive. You maintain full control of the assets in the trust. The trust becomes important if you become incapacitated or after you pass away. At that point, a successor trustee can manage or distribute the assets according to the instructions you created. Many people use revocable trus