ESTATE PLANNING

• Do I need a Will?

YES!

A Will, formally known as a Last Will and Testament, is the lynchpin of your estate plan.  It is the document that you create to dictate how your assets will be distributed upon your death. If you have minor children, you will name the Guardian who will be the person you select to care for your children.  A properly drafted Will should include a trust with a named trustee to manage any funds or assets that are left to a minor. This is particularly important if you care for children with special needs. Without a Will, Pennsylvania law determines how your assets are distributed, which may not be consistent with what you want, and the court will decide who will serve as the guardian for minor children. 

Every adult should have a Will.  You do not need to be wealthy or own property. If you have one person you care about or one furry friend, or a cause that you want to protect, a Will is essential. Without a properly drafted Will, you create undue stress ‘and anxiety for your loved ones, often resulting in family disagreements.  You also leave your family with additional financial costs and delays in processing your affairs.

• When my children turn 18 years old, do they need any special documents?

Yes ! “ Adulting “Adult children are legally independent, even if they continue to reside in their parents’ home or attend college.  To ensure that you, as a parent, can continue to obtain information about your child these documents should be created and signed by the “adult child”:

            . Financial Power of Attorney- giving you access to their financial affairs

. Healthcare Power of Attorney-giving you authority of their medical care if    they become unable.

. HIPPA Authorization

. Emergency Contact letter

.FERPA Release- It is a form that allows you to have access to student education records including both academic and financial information. 

.Access to digital accounts- This includes usernames and passwords.

.Optional tracking authorizations- this can be useful to help locate your child.

• Should I create a Will or a Trust?

This is an excellent question and one which we always discuss with our clients.  The answer depends on the specific assets and goals of each client and the overall estate plan.   When properly prepared, a Trust should avoid the probate process, protect privacy and provide a seamless way to manage the assets of someone who becomes incapacitated or passes away.  There are multiple forms of trusts serving a variety of purposes.  We evaluate whether a Will, Trust or combination of both, best protects you and your loved ones and satisfies your goals during your lifetime and after your death.

• Can I avoid paying inheritance taxes?

This is a common concern because nobody wants to see their hard-earned savings going to the government instead of to their loved ones.  It is important to recognize that the Inheritance tax rates in PA in 2026 are: 

Surviving spouse (0%)

Child/Grandchild (4.5%)

Sibling (12%)

Other Relative or Friend (15%)

Charity (0%)

Therefore if your assets are being inherited by a spouse, there is no inheritance tax consequence.  We review the assets and goals of each client to determine what actions are most beneficial. For instance, some people deed their real estate to their children to avoid the imposition of inheritance tax upon their death.  However, when one considers that a child who inherits property, gets the tax advantage of a stepped-up basis, they often get a better financial outcome later on than if they are deeded the property during the parents’ lifetime and then have to pay capital gains tax using a lower basis when the property is sold. 

In general, if a person retains control and/or use of property during their lifetime, it will be subject to inheritance tax.  There are various tools that can be used to limit inheritance tax, but they must be considered in conjunction with the entire estate plan. In some instances, we refer clients to their accountants or financial planners for more in-depth financial counseling.

• Do I need a Living Will?

Living Wills, also known as Advanced Directives, are very significant documents.  These documents outline the type of care you want withheld if you are in the “end stages of a terminal illness” or “permanently unconscious”. This document is provided to your health care provider so that life and death decisions can be quickly made when a patient is unable to speak. The medical providers try to abide by their patients’ desires and will ask the patient directly if the patient can speak.  This document usually names the person who is empowered to speak to the doctor on behalf of the patient.

These documents include multiple medical terms and allow a person to be specific and write details of their wishes.  I advise that my clients speak with a qualified nurse or health care practitioner to be educated on the meaning of the medical terms. I will connect my clients with someone who can provide that information.

I have witnessed many end-of-life scenarios, and I have learned that these emotional and emergent situations are much more complicated than the words on the documents.  For that reason, I spend time with clients and advise that they consider these forms carefully and share their thoughts with their closest loved ones. Often a person’s spiritual beliefs serve as a guide and help provide peace.

WORKERS’ COMPENSATION

• When should I notify my employer that I got hurt at work?

The PA. Workers’ Compensation Act requires that notice of a work injury be given to the employer within 120 days of an injury.  The date of injury is when the employee knew, or had reason to know, that an injury occurred. If notice is given within 21 days of the injury, the employee is entitled to benefits retroactive to the date of injury. If notice is given after 21 days but within 120 days, benefits are payable from the date  notice was given. Some employers have a policy that notice of injury should be given as soon as it occurs. 

Notwithstanding the above, it is always best to notify the employer IMMEDIATELY after an injury.  The notice should include what happened, when it happened, how it happened and what body part is injured.  Credibility is often an issue, and immediate notice adds credence to the report.  A Notice of Injury should be completed and medical attention offered.  

The employer can either accept or deny that an injury occurred.  If a Notice of Denial is issued it is the employee’s responsibility to file a Claim Petition and prove before a Workers’ Compensation Judge that he or she was injured and is disabled from work. 

There is also a 3-year Statute of Limitations, which means that if an injury is not accepted as compensable by the employer, a claim must be formally filed with the Workers’ Compensation Bureau, or else the claim is forfeited.

At this point, the injured employee needs an attorney to present the case which includes gathering the facts and the medical evidence and properly presenting the case according to the Judge’s Rules and the Rules of Evidence.

• Should I file a Workers’ Compensation claim if I aggravated an old injury at work?

YES!!  All injuries that occur while an employee is within the course and scope of employment are intended to be protected. The Workers’ Compensation Act broadly defines “injury” such that if work activities aggravate or worsen a pre-existing condition it is covered. However, the employee bears the burden of proving that the injury occurred and that the employee is losing wages as a result of the injury. 

Oftentimes, when an employee has a pre-existing condition, the Employer will deny the claim and force the employee to file a Claim Petition to prove that the work activities impacted the previous condition. These cases can get medically complicated and require us to get all the information about the prior condition.