Philadelphia Will Attorney

A last will and testament is one of the most important legal documents you will ever create. Most people know that a will allows you to direct how your assets should be distributed after your death. That said, there is so much more you can accomplish with the appropriate last will and testament, like naming guardians for your minor children or appointing someone to carry out your final wishes.

If you don’t have a will in place, the courts will divide your assets according to state law. This outcome might turn out to be the opposite of what you wanted. At Klenk Law, we work tirelessly to help our clients draft agreements that will provide peace of mind now and protect their interests in the future. Call a Philadelphia will attorney today to get started.

What Is a Will?

A will is a written legal document that outlines how you want your affairs handled after your death. Your will allows you to distribute your estate as you see fit, overriding Pennsylvania intestacy laws that are rigid and arcane. It also allows you to name beneficiaries, appoint an executor to manage your estate, and specify arrangements for minor children.

Of course, there are requirements that a document must meet to qualify as a last will and testament. Under the law, a will must be made by someone at least 18 years old and of sound mind. The will must be in writing and signed by the person making the will, known as the testator, at the end. Alternatively, the will can be signed by someone else in their presence and at their direction. This is common when the testator is physically unable to sign on their own.

Pennsylvania does not require a will to be notarized, but it can be a good idea to make use of a self-proving affidavit. Using this kind of affidavit allows the probate court to accept the will without requiring the witnesses to appear in court and testify to its authenticity.

Types of Wills in Pennsylvania

Pennsylvania allows for different kinds of wills, including the following:

Standard Wills

Also known as attested wills, these common documents are written, signed, and witnessed in compliance with Pennsylvania law. Most estate plans include this type of will because it offers the highest level of certainty in probate court.

Holographic Wills

Pennsylvania law allows holographic wills, which are handwritten and unwitnessed. They must be written entirely by the testator, who must sign them at the end. While the law recognizes these wills, that does not mean challenges won’t be successful.

What is the Process For Creating a Will in Pennsylvania?

Creating a valid and effective will requires more than simply writing down your wishes. Our Philadelphia will lawyers can guide you through the following process:

Step One: Taking Inventory

The first step is to identify all of your assets. This includes real estate, bank accounts, investments, retirement accounts, personal property, and business interests. In addition to your property, it is also necessary to consider your liabilities as well.

Step Two: Choosing Beneficiaries

Next, you must decide who will inherit your assets. This may include a spouse, children, grandchildren, other family members, close friends, or charitable organizations.

Step Three: Appointing an Executor

Your executor is the person responsible for managing your estate during probate. Choosing someone trustworthy and capable of handling legal matters is essential. You may also name a backup executor in case your first choice is unable or unwilling to serve in this important role.

Step Four: Planning for Children or Dependents

If you have minor children or adult dependents, your will allows you to nominate a guardian to care for them if something happens to you. Without this designation, a court will decide who takes over parental responsibilities.

Step Five: Drafting and Executing the Document

Once your decisions are made, your attorney will draft the will in compliance with Pennsylvania law. You will then review and sign it in the presence of two adult witnesses. While notarization is not required, a self-proving affidavit can simplify the probate process and is strongly recommended.

Factors to Consider When Making a Will

You will need to keep in mind a range of factors as you draft your last will and testament. This includes some of the following:

Family Dynamics

Each family is different. If you have children from a prior marriage, a blended family, or estranged relatives, your will can address these complexities in a thoughtful way, especially compared to guidelines for what happens if you don’t have a will in place.

Tax Implications

Pennsylvania imposes an inheritance tax on certain transfers at death. The rate depends on the relationship between the decedent and the beneficiary. It is crucial that you consider tax implications when drafting your will.

Beneficiary Designations

Assets such as life insurance policies, retirement accounts, and payable-on-death accounts are not controlled by your will. These require direct beneficiary designations, which should be coordinated with your overall estate plan.

Charitable Giving

You can also provide for a favorite charitable cause in your will. This might involve a single distribution to a charity or even a fund to carry out your philanthropic wishes for years to come.

Do I Need an Attorney to Draft a Will?

While online templates and DIY will kits may seem convenient, they often fail to meet Pennsylvania’s legal requirements or address the specific needs of your family. A poorly drafted will can be ruled invalid by the probate court, leaving the outcome of your estate in doubt.

A skilled will attorney brings essential knowledge of the law to this process, but they can also offer practical advice. Beyond legal knowledge, an attorney provides peace of mind. You won’t have to worry about missed signatures or unclear language that could put your will into doubt.

Reach Out to a Philadelphia Will Attorney Today

If you are considering an estate plan, your will is the best place to start. At Klenk Law, our attorneys are here to help you create a document that protects your rights and puts your final wishes first. Contact us today to discuss your options with a Philadelphia will attorney.