Wills, Trusts, & Medical Power of Attorney in Pennsylvania

Estate planning is a crucial process that ensures your wishes are honored and your loved ones are cared for when you are no longer able to make decisions for yourself. Whether you are preparing for the distribution of your assets or outlining healthcare directives, it is important to have legal documents in place that provide clear instructions. At Fellerman & Ciarimboli Law PC, our estate planning attorneys are committed to helping clients throughout Pennsylvania, including Philadelphia, Scranton, Wilkes-Barre, and beyond, create comprehensive plans that include wills, trusts, and medical powers of attorney.

Why Estate Planning is Important

Estate planning is more than just deciding who inherits your assets. It allows you to protect your legacy, minimize taxes, and ensure your healthcare wishes are followed if you become incapacitated. Without an estate plan, your assets could be subject to Pennsylvania's intestacy laws, which may not reflect your personal desires.

Having a clear estate plan also prevents disputes among family members after your passing and ensures that your medical and financial affairs are handled according to your preferences in the event of an emergency. At Fellerman & Ciarimboli Law PC, we offer personalized legal guidance to help you navigate the complexities of estate planning and secure peace of mind for your future.

Understanding Wills in Pennsylvania

A will is one of the foundational documents of any estate plan. It allows you to specify how your assets will be distributed upon your death and who will manage your estate, known as an executor. If you have minor children, a will also enables you to name a guardian who will take care of them.

What Happens Without a Will?

If you die without a will in Pennsylvania, your estate will be distributed according to the state’s intestacy laws. These laws determine how your assets will be divided among your closest relatives, which may not align with your personal wishes. Furthermore, without a will, the court will appoint an administrator to manage your estate, and family members may face costly and time-consuming probate disputes.

Why You Need an Attorney to Draft Your Will

While it is possible to draft a will on your own, having an experienced estate planning attorney ensures that your will is legally valid and comprehensive. At Fellerman & Ciarimboli Law PC, we assist clients in drafting wills that are tailored to their specific circumstances, ensuring that no detail is overlooked and that your family’s future is protected.

The Role of Trusts in Estate Planning

Trusts are another essential component of estate planning. A trust is a legal arrangement in which one party (the trustee) holds and manages assets on behalf of another party (the beneficiary). Trusts offer a number of benefits, including avoiding probate, reducing estate taxes, and providing a greater level of privacy and control over how your assets are distributed.

Types of Trusts

There are several different types of trusts, each serving a specific purpose:

• Revocable Trusts: These trusts allow you to maintain control of your assets during your lifetime and make changes to the trust as needed. Upon your death, the assets in a revocable trust can be distributed to beneficiaries without going through probate.
• Irrevocable Trusts: Once an irrevocable trust is established, it cannot be altered or revoked. These trusts are often used to reduce estate taxes and protect assets from creditors.
• Special Needs Trusts: Designed to benefit individuals with disabilities, a special needs trust allows beneficiaries to receive financial support without jeopardizing their eligibility for government assistance programs.

Why Set Up a Trust?

Trusts provide flexibility and protection that a simple will cannot. By creating a trust, you can ensure that your assets are managed and distributed according to your exact wishes, even after your death. Trusts can also protect vulnerable beneficiaries, such as minor children or individuals with disabilities, by controlling how and when they receive their inheritance.

At Fellerman & Ciarimboli Law PC, our attorneys can help you determine which type of trust best suits your needs and guide you through the process of establishing it.

Medical Power of Attorney: Ensuring Your Healthcare Wishes Are Followed

A medical power of attorney (also known as a healthcare proxy) is a legal document that designates someone to make medical decisions on your behalf if you are unable to do so yourself. This is especially important if you become incapacitated due to illness or injury and are unable to communicate your healthcare preferences.

Why You Need a Medical Power of Attorney

Without a medical power of attorney, your family members may face difficult decisions about your healthcare without knowing your preferences. Additionally, they may disagree on the best course of action, which can lead to stressful and emotional conflicts. A medical power of attorney ensures that the person you trust most will be in charge of making critical medical decisions based on your values and instructions.

What to Include in a Medical Power of Attorney

Your medical power of attorney should include detailed instructions regarding your medical care preferences, such as:

• End-of-Life Care: Do you want life-prolonging treatments if there is little chance of recovery?
• Organ Donation: Would you like to donate your organs after death?
• Resuscitation Orders: Would you want to be resuscitated if your heart stops?

At Fellerman & Ciarimboli Law PC, we work with clients to draft clear and legally binding medical powers of attorney that reflect their healthcare preferences.

Let Fellerman & Ciarimboli Law PC Help You Plan for the Future

Creating an estate plan is one of the most important things you can do to protect yourself and your loved ones. At Fellerman & Ciarimboli Law PC, our experienced estate planning attorneys serve clients across Philadelphia, Scranton, Wilkes-Barre, and beyond, helping them craft wills, trusts, and medical powers of attorney that offer peace of mind and security.

Whether you are just starting the estate planning process or need assistance revising your existing plan, we are here to guide you every step of the way. Contact us today to schedule a consultation and begin planning for your future with confidence.