Skip to Content
Klenk Law

The Possible Types of Wills in Montgomery County, Pennsylvania

Posted on Mon Mar 3, 2014, on Estate Planning

From Our “Ask a Question” mailbag: “What are the possible types of Wills in Montgomery County, Pennsylvania?”

Most recently updated April 28th, 2018.

The Possible Types of Wills in Montgomery County, Pennsylvania

Estate Planning Attorney, Tatyana Gleyzer.

What Is a Will?

Simply put, a will is a writing that specifies the beneficiaries who are to inherit the testator’s assets, names a representative to administer the estate and who is responsible for distributing the assets to the beneficiaries. To be valid a testator you must have legal capacity when the will is written and follow state law.

Wills vary widely in degrees of complexity and can help you achieve any number of wealth and tax goals.

What Type of Wills are Possible in Montgomery County?

Montgomery County estate planning attorneys use different terms to refer to wills that address various goals. Most names we use for wills reflect the will’s characteristics. For example, a simple will is a basic document giving all assets outright to one or more persons without any specific bequests, protective trusts and without addressing tax planning. In short, a “simple will” is “simple.”

Beyond a simple will, there are many more complex wills that each address a specific type of estate plan. For example, a testamentary trust will refers to a will that within its terms creates one or more trusts upon your death, while a pour-over will refers to a will that transfers probate estate assets into a revocable living trust formed by the testator separately from the will.

Types of Wills Signed by Couples.

Couples can sign three types of wills:

  • Contracts to will refer to wills that contain terms that bind two people, typically spouses to specific conditions in their wills, which take effect at death. For example, a married couple might have contracts to will terms stating that the second to die is obligated to leave all Montgomery County land to child 1 and all liquid assets to child 2. Once the first spouse dies, the survivor is legally bound to follow these terms no matter how long the second spouse might outlive the first. If the survivor attempts to change the terms, the beneficiaries can bring a claim before the Montgomery County Orphans’ Court.
  • Reciprocal Wills are in which two people, usually spouses, can have wills that are identical with the exception of referring to each other as the heir. Unlike a contract to will, the survivor is free to change the terms after the first person dies.
  • Joint Wills allow two persons, usually spouses, to sign a single will. Typically these wills give all assets to the surviving person in the trust and then document states where the remainder will pass at the survivor’s death. Usually, the terms cannot be changed after the first person’s death.

Other Wills.

Some other types of wills include:

  • A holographic will, which describes a handwritten, unwitnessed will. Most states do not recognize holographic wills.  Holographic wills tend to create ligation over the testator’s intent. But, the Montgomery County Register of Wills will accept a correctly executed Montgomery County holographic will.
  • An Oral Will is A verbal will not in writing is an “Oral Will.” Few states recognize oral wills, including Pennsylvania. The Montgomery County Register of Wills will not accept an oral will.

For more detailed information, see my article, “Last Will and Testament, Everything You Need to Know.”

 

In Conclusion: What are the possible types of Wills in Montgomery County, Pennsylvania?

In this Post, I tried to address the various types of Wills.  Hopefully, you now understand the types of Wills. But, if you have more questions, please call to speak with one of our experienced estate planning lawyer who is ready to answer your questions. Further, I included links to even more detailed information on my website.  So, let me know how I did, comments and questions are welcome!

Furthermore, I would be happy to answer your questions.  If you have any other matters feel free to contact our office for a free consultation. We try to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

Tags:

Contract To Will, Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Holographic Will, Montgomery County, Pennsylvania, Peter Klenk, Tatyana Gleyzer, Wills

What Our clients are saying

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.

Stars

When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...

Stars

AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!

Stars

Great friendly staff

Stars

Tremendous firm with bright, kind and tenacious people. Great representation for our family.

Stars

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Stars

Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!

Stars

Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.

Stars

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

Stars

Answered my question quickly and referred me to a colleague that could handle my problem

Stars

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

Stars

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Stars

Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!

Stars

You & your staff are the best thank you for everything.

Stars

Peter and his staff handled all of our needs in a very professional and timely matter.

Stars

Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

Stars

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Stars

Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.

Stars

Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.

Stars

Surprisingly easy

Stars

Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

Stars

Peter and his associates made things easy for us.

Let us put our expertise to work for you.

Free consultation within 24 hours.