Most people put off estate planning because it does not feel urgent. Then a parent dies without a will, a health crisis arrives with no power of attorney in place, or a family discovers that an account they assumed would pass automatically is sitting in probate. Our attorneys help clients get the right documents in place before that moment arrives, and guide families through the process when it already has.
Whether the goal is to build a plan from scratch, update documents that no longer fit, or administer an estate after a loss, we handle every stage of the process.
A will is the foundation of most estate plans. It tells the court and your family exactly how you want your assets distributed, and names the people responsible for carrying out those wishes. Without one, Pennsylvania intestate succession laws control what happens. At Bumbaugh | George | Prather | DeDiana, the attorneys draft wills that reflect the actual situation, not a one-size template, and explain exactly what will happen at each stage after death.
A trust holds assets during your lifetime and transfers them to beneficiaries after death, often without going through probate. Revocable living trusts can be changed at any time and are commonly used to keep the estate process private and efficient. Irrevocable trusts trade flexibility for protection and may serve Medicaid planning or tax purposes. Which type makes sense depends on the estate. Our attorneys help clients think through the tradeoffs before making that choice.
A power of attorney grants someone the legal authority to act on your behalf. The scope depends on the type of document. A financial POA covers accounts, property, and business decisions. A health care POA names someone to make medical decisions if you cannot. Without these documents in place, your family may face a court-supervised guardianship process just to access your accounts or make care decisions. Bumbaugh | George | Prather | DeDiana drafts powers of attorney that are specific, properly executed, and built to hold up when they are needed.
If you have minor children, your will is where you name a guardian. Without that designation, a court makes the decision. That process takes time, costs money, and produces no guarantee of the outcome you would have chosen. For incapacitated adults without a power of attorney in place, guardianship proceedings become necessary to authorize even basic decisions. The Orphans Court Division oversees these matters in Pennsylvania. Planning avoids this process entirely.
Elder law planning covers the legal and financial decisions that become urgent as people age: long-term care costs, Medicaid eligibility, protecting assets while qualifying for benefits, and making sure documents are in place before a health crisis forces the issue. Pennsylvania Medicaid rules are specific and change periodically. Planning done too close to the time care is needed may not accomplish what the client hopes. The earlier the conversation happens, the more options are available.
A beneficiary with a disability who inherits assets outright can lose eligibility for Supplemental Security Income, Medicaid, and other government benefits. A special needs trust holds assets for the beneficiary while keeping those benefits intact. These trusts require careful drafting. The rules governing what the trust can and cannot pay for are specific, and an error can trigger the exact disqualification the trust was meant to prevent.
Probate is the legal process of settling a deceased person's estate under court supervision. In Pennsylvania, the process begins at the Register of Wills in the county where the decedent lived. In Westmoreland County, that is in Greensburg. In Allegheny County, it is in Pittsburgh. The executor gathers assets, pays debts and Pennsylvania inheritance tax, and distributes what remains. Inheritance tax is due nine months after death. Paying within three months earns a five percent discount. Our attorneys guide executors through every stage.
Not every estate settles without conflict. When a will is challenged, an executor's decisions are disputed, or beneficiaries cannot agree on distribution, the matter moves to the Orphans Court Division of the Court of Common Pleas. In Westmoreland County, that is in Greensburg. In Allegheny County, it is in Pittsburgh. Our attorneys appear regularly before the Orphans Court in both locations and understand the procedural requirements under Title 20 of the Pennsylvania Consolidated Statutes.
Whether the goal is to build a plan from scratch, update documents that no longer fit, or administer an estate after a loss, we handle every stage of the process.
| Factor | Will | Revocable Living Trust |
|---|---|---|
| Goes through probate? | Yes, filed at the Register of Wills | No, assets transfer directly to beneficiaries |
| Public record? | Yes, probate filings are public in Pennsylvania | No, trust terms remain private |
| Effective when? | At death only | Immediately upon signing; can be amended during lifetime |
| PA witness requirement? | Two witnesses required; notarization not required | Notarization recommended; no witness requirement |
| Best for? | Straightforward estates; naming guardians for minor children | Larger estates; privacy concerns; avoiding probate delays |
After losing someone, the last thing most families want to think about is paperwork and court filings. But the estate does not wait. Pennsylvania inheritance tax is due nine months after death, creditors need to be notified, and assets need to be gathered and protected before anything can be distributed. We handle all of that.
Our attorneys guide executors and families through probate in Westmoreland County and Allegheny County, handling filings, creditor notices, tax obligations, and distribution to beneficiaries. Clients who come in overwhelmed leave with a clear sense of what needs to happen and in what order.
| Beneficiary | Relationship to Decedent | PA Inheritance Tax Rate |
|---|---|---|
| Surviving spouse | Spouse | 0% |
| Children / grandchildren | Lineal descendants | 4.5% |
| Siblings | Brothers and sisters | 12% |
| All other individuals | Non-lineal heirs, friends, unmarried partners | 15% |
| Charitable organizations | Qualifying nonprofits | 0% |
A Westmoreland County man in his fifties dies without a will. He has two adult children from his first marriage and has been living with a partner for several years. He owns a home, a retirement account, and a bank account.
Under Pennsylvania intestate succession rules, his estate passes entirely to his children. His partner receives nothing. The retirement account still names his ex-spouse as beneficiary because he never updated it after his divorce. That designation overrides the intestate rules, and his ex-spouse collects the account.
His children must open probate in Greensburg, pay inheritance tax at 4.5%, and work through an estate that was never organized for them. The process takes over a year.
A will, a beneficiary designation review, and a power of attorney would have changed this entirely.
Estate planning questions have a way of sitting on the back burner until something forces the issue. If any of the following sound familiar, it is worth having a conversation sooner rather than later:
Want to learn more about our estate planning and probate estate administration services? Book an Estate Planning Legal Consultation with Bumbaugh | George | Prather | DeDiana Attorneys at Law. Just call 724-864-6840 or fill out our Case Evaluation form.
Bumbaugh | George | Prather | DeDiana serves clients throughout Westmoreland County, Allegheny County, and Fayette County from our Irwin office. A consultation is a direct conversation about your situation. You leave with answers and an honest picture of what happens if you do nothing.
There is no fixed timeline. A straightforward estate with a clear will, no disputes, and cooperative beneficiaries can close in six to twelve months. More complicated situations take longer. The nine-month inheritance tax deadline runs regardless of where the estate stands, so waiting has a real cost.
Transfers to children and grandchildren are taxed at 4.5%. Spouses pay nothing. Siblings pay 12%. Everyone else pays 15%. The tax applies to the value of assets passing to each beneficiary. Paying within three months of the date of death earns a five percent discount.
Pennsylvania law does not require an attorney. But a will that is improperly witnessed, ambiguously worded, or fails to account for assets like retirement accounts can cause problems that cost far more to fix than the original planning. Most clients find the investment is worth it.
A will takes effect at death and goes through probate, a public court process administered through the Register of Wills. A revocable living trust takes effect immediately, can be changed during your lifetime, and passes assets to beneficiaries without probate. Trusts are not right for everyone, but for larger estates or clients who value privacy, they are worth a conversation.
Several strategies can reduce or eliminate the probate estate: a revocable living trust, joint ownership with right of survivorship, beneficiary designations on retirement accounts and life insurance, and payable-on-death designations on bank accounts. An attorney can help figure out what makes sense for the specific estate.
Pennsylvania intestate succession laws control who inherits. The rules follow a fixed hierarchy: spouse and children first, then parents, then siblings. There is no named executor, no named guardian for minor children, and no way to leave anything to a friend, partner, or charity.
Marriage, divorce, the birth of a child, the death of a named beneficiary, a significant change in assets, or a move to a new state are all reasons to revisit the plan. Review it every three to five years even when nothing has changed, and immediately after any major life event.
When an estate is disputed or a will is challenged, the matter moves to the Orphans Court Division of the Court of Common Pleas. In Westmoreland County, that is in Greensburg. In Allegheny County, it is in Pittsburgh. These proceedings require legal representation and can become expensive, which is one reason a well-drafted plan matters before the fact.
While estate planning, probate, and administering an estate can feel overwhelming, our website provides a wealth of resources to simplify the process.
"Excellent attention to detail, proactive, great advice on multiple items including business agreements and estates. I highly recommend their legal services, the attorneys and their team are great."
"Mallard George is an excellent attorney. He really listened to my concerns, was very professional & always returned my calls in a timely manner. I highly recommend this firm."
"Took care of legal need courteously and professionally."
"Excellent attention to detail, proactive, great advice on multiple items including business agreements and estates. I highly recommend their legal services, the attorneys and their team are great."
"Mallard George is an excellent attorney. He really listened to my concerns, was very professional & always returned my calls in a timely manner. I highly recommend this firm."
"Took care of legal need courteously and professionally."
