Larmore Scarlett, LLP

Do wills allow you to disinherit a spouse in Pennsylvania?

2026-01-05T16:22:38Z

Many people believe a will lets them decide exactly who receives their property. In Pennsylvania, marriage limits that control. If you create a will, you should understand how state law protects a surviving spouse and how those protections affect your written wishes.

Pennsylvania’s spousal protection rules

Under Pennsylvania law, a surviving spouse may choose an elective share instead of what a will provides. The elective share equals one‑third of the property defined by statute as subject to election, which often includes more than just assets that pass through the will. These rules apply even when the will attempts to leave the spouse nothing.

When disinheritance through a will does not work

You cannot fully disinherit a spouse simply by excluding them from your will. If the surviving spouse files a timely election, the court adjusts distributions so the spouse receives the statutory share, regardless of the will’s instructions. A will alone cannot override this right.

Situations that affect spousal rights under a will

Certain situations change how spousal rights apply to a will. Divorce generally revokes provisions in a will that benefit a former spouse, but separation by itself does not automatically remove spousal rights. In limited circumstances, a spouse may forfeit inheritance rights based on conduct or established divorce grounds, as defined by statute.

How spousal election affects will planning

Spousal election laws shape what a will can realistically accomplish. If you plan to leave property to children, relatives, or charities, the elective share may reduce those gifts. Asset ownership, beneficiary designations, and timing of transfers all influence how much property remains available to pass under the will. Pennsylvania law balances testamentary freedom with protections for surviving spouses. You may state your wishes clearly in a will, but the law gives a spouse the option to claim a guaranteed share. Knowing how these rules work helps set accurate expectations for how a will operates after death.

What is the impact of creditor claims during Pennsylvania probate?

2025-12-19T19:07:12Z

When someone dies, their debts do not disappear. In Pennsylvania, probate includes a process that addresses creditor claims against the estate. Understanding how those claims work helps you know what happens to estate property and what beneficiaries may receive.

How creditors make claims against an estate

During probate, the personal representative must notify creditors that the estate is open. Creditors then have a limited time to submit formal claims. These claims may include credit cards, medical bills, loans, or unpaid taxes. If a creditor misses the deadline, the estate may not have to pay that debt.

Which debts the estate must pay first

Pennsylvania law sets a clear order for paying estate debts. Administrative costs, funeral expenses, and certain taxes usually come first. After those payments, the estate may address secured and unsecured debts. If funds run short, lower‑priority debts may go unpaid, which can reduce distributions to heirs.

How creditor claims affect beneficiaries

Creditor claims can delay distributions and reduce what beneficiaries receive. You may expect property or funds, but the estate must resolve approved debts before making transfers. If the estate lacks enough assets, beneficiaries may receive less than expected. Understanding this process helps set realistic expectations during probate.

When creditor claims can be challenged

Not every claim gets approved. The personal representative can object if a debt looks incorrect, inflated, or unsupported. The court then reviews the dispute and decides whether the estate must pay the claim. This review protects the estate from improper demands while following probate rules.

What this means for the probate timeline

Creditor claim periods often extend the probate timeline. The estate usually remains open until the deadline passes and disputes are resolved. While this waiting period may feel frustrating, it ensures debts receive proper review before assets change hands. Once claims conclude, probate can move toward closing.

What is a generation-skipping trust and who should use one?

2025-12-09T17:17:54Z

A generation-skipping trust gives you a way to pass wealth to grandchildren or later descendants. You bypass your children as direct beneficiaries, which can reduce taxes and protect family assets.

How a generation-skipping trust works

This type of trust places your assets under the control of a trustee. The trust benefits people who are at least one generation younger than you. You set the rules for how and when your grandchildren or other younger beneficiaries receive trust property. The trust structure lets your wealth move forward without extra layers of taxation. This approach helps your family hold on to more of what you built.

Why families choose this type of trust

Families often use this trust when they want long-term protection for assets. You may want to keep a business, property, or investments available for grandchildren. You might also want to prevent rapid spending by the next generation. This trust allows you to shape the way your assets support younger family members. You decide how the trustee may use funds for education, health needs, or other expenses.

Tax advantages of skipping a generation

Federal law allows a separate tax exemption for generation-skipping transfers. When used correctly, this trust helps you reduce or avoid the federal generation-skipping transfer tax. Your children do not receive the property outright, so it does not increase their taxable estates. This strategy can help families lower long-term tax burdens. It also ensures that more of your wealth goes to younger descendants instead of taxes.

When a generation-skipping trust makes sense

This trust works well when you want to plan for multiple generations. It also helps when your children already have enough resources and do not need further assets. You may choose this structure if you want control over how wealth supports your grandchildren over many years. A clear trust plan helps younger beneficiaries use inherited assets wisely. It also keeps your long-term goals in place as your family grows.

Planning for the future

A generation-skipping trust gives you structure, predictability, and long-term direction. You set the rules, protect family wealth, and support future generations in a controlled way.

How can you talk to your parents about estate planning?

2025-11-25T20:15:41Z

As your parents age, you might find yourself concerned about their estate. After all, if they don’t have a plan in place, then the distribution of their assets could be muddled, and their potential need for medical care and competent healthcare decisions might be compromised. Sadly, many people put off estate planning until it’s too late, creating a lot of hardships and difficulties for them and their families. You don’t want that to happen to your parents, which is now may be the time to start the estate planning conversation.

How can you talk to your parents about estate planning?

Discussing estate planning with your parents can be difficult. It’s uncomfortable for many people to confront their own mortality, and discussing estate planning may also force your parents to face the realities of strained relationships. Here are some tips for effectively having that conversation, though:

Find a natural way to spark the conversation, such as a recent news story or an estate planning-related event that involved people you know.
Listen to what’s important to your parents so that you can help them prioritize.
Don’t rush the conversation and expect it to span multiple discussions.
Ask open-ended questions to help facilitate information sharing and to put your parents at ease.
Get help from other family members who can help support your parents during the talk.
Avoid pushing your parents to do something that they’re uncomfortable doing.
Take notes so that you can help your parents revisit topics that are important to them.

Do you have questions about what your parents can do to build an effective estate plan?

If so, then it might be wise to reach out to your or your parents’ estate planning attorney to discuss the matter further. By doing so, you’ll hopefully get a better idea of how to support your parents as they embark on their estate planning journey.

Why is a financial power of attorney part of an estate plan?

2025-11-19T17:03:20Z

Among other basic estate planning documents, most Pennsylvania residents will want to sign a durable power of attorney to give a loved one or other trusted person authority to manage the person’s finances and to make certain financial and business decisions. Unlike a will or a trust, a durable power of attorney takes effect while the creator of the power of attorney, called the principal, is alive. It gives another person, called the attorney-in-fact, authority to make financial decisions as listed in the document. Those wanting a power of attorney can also put restrictions on the attorney in fact, name a backup or even name several people as co-attorneys in fact. In most cases, the principal will reserve the right to revoke or replace their power of attorney document so long as they are competent to do so.

I can handle my own bills, so why would I need a power of attorney?

Some Chester County residents may want a power of attorney for the sake of convenience. For example, it can be helpful to give one’s spouse or adult children authority to manage the person’s individual accounts that, for security and legal reasons, a person may otherwise have to manage themselves. A power of attorney can also help when someone must travel often or go to remote places for their jobs. A significant benefit of having a power of attorney is that, if the principal becomes unable to make financial decisions for themselves, the family will not need to go to court to get a legal guardianship. The attorney in fact can step in immediately to handle the principal’s property and financial affairs without an additional court order. A power of attorney is a standard estate planning document. However, the decision about who to appoint as attorney in fact and other details requires careful thought. A person considering an estate plan should make sure they understand what is in their best legal interests.

Estate planning when your loved one has an addiction

2025-10-30T16:01:57Z

Addiction in one form or other grips millions of families across the United States, including several right here in our state. This issue can disrupt nearly every aspect of life, but when it comes to estate planning, it may leave you on edge about how to best support your loved one who has an addiction while still protecting your estate. Although it can seem like a losing proposition at first glance, there are actually several estate planning options that you can rely upon to meet your goals.

Estate planning tools when a beneficiary is battling addiction

You can custom tailor your estate plan to suit the needs of your situation. When it comes to dealing with a loved one who has an addiction, then, you’ll want to fully consider your options. These include:

A discretionary trust that allows the trustee to determine when it’s appropriate to release trust assets to your beneficiary.
An incentive trust that motivates your loved one to acquire treatment and conquer their addiction.
A special needs trust that can be used to cover non-cash needs like treatment, therapy and treatment-based living arrangements.
A spendthrift trust that restricts the amount of money distributed to your beneficiary.
Staggered distribution strategies and emergency release provisions that ensure that your loved one’s needs are met while reducing the risk of your estate’s funds being quickly depleted.

Know how to protect your loved one and the viability of your estate

As you can see, there are many ways to deal with a loved one’s addiction when creating your estate plan. What’s important is that you know your options and how to effectively utilize them to their full benefit. If you’d like to learn more about what those options look like in your unique set of circumstances, then now is the time to start delving deeper into the estate planning strategies that are available to you.

What are optional provisions in a health care power of attorney?

2025-10-21T15:37:46Z

When people create an estate plan in Pennsylvania, they often focus on a will or trust that details as to how their property will be handled after they are gone. This is undoubtedly a key part of the process. However, there are other areas that can be obscured, but are no less important. For people who are concerned about their health care decisions if they become incapacitated, a health care power of attorney is crucial. This lets the person, known as the principal, name a health care agent who will understand their desires and keep their best interests in mind when deciding what type of medical care they will receive in these circumstances. Still, there are aspects that people need to be aware of and must be clear about from the outset.

There are optional provisions in a health care power of attorney

According to the law, the health care power of attorney gives the person choices when they determine what the health care agent can and cannot do. First, the principal gives the agent the authorization to make key health care decisions on their behalf. There is nuance after the principal and health care agent have been identified. For optional provisions, the principal needs to specify what the health care agent can do. There could be limits on their authority. The principal can list their intentions when it comes to life-sustaining treatment. For example, life-sustaining treatment might include the principal having a feeding tube inserted for nutrition. If they do not want that, it must be clear in the document. The document can also disqualify a person who they do not want to serve as the health care representative. It can say they do not want a health care representative. And it can list people in the order of priority who they want to serve as the health care representative. The agent or representative can have the discretion to consult with the principal’s relatives, physician, or a religious leader to decide what would be in the principal’s best interests when deciding how to proceed.

A health care power of attorney can be a complex document

Granting another person the power to make health care decisions is significant. It should be a trustworthy individual who will know and keep the principal’s interests in mind. That includes knowing the parameters and adhering to them. When crafting the document, it is imperative that the health care power of attorney is clear about the duties accorded to the agent. With this or any other area of estate planning, it is vital to have comprehensive and experienced assistance to avoid costly mistakes.

Is it important to update a will when marrying or divorcing?

2025-10-08T15:55:33Z

In Pennsylvania, people should be aware of the importance of proper estate planning. For many, that is limited to a simple will so they can detail how they want their property distributed after they are gone. However, even the most basic will requires vigilance and a grasp of the law. Failing to update a will after a significant life change can cause problems for heirs, lead to legal disputes, and spark costly and time-consuming disagreements. Examples are when a person gets married or divorced. Knowing how to address the document after the marriage or divorce is essential to ensuring it is valid, and the testator’s objectives are met.

A will can be modified by circumstances

According to state law, a person does not have to intentionally change their will when they get married or divorced for it to be modified. It is referred to as a modification by circumstances when the person has this type of situational change in their life. A divorce or a pending divorce automatically modifies the will. If, for example, a marital home was left to the spouse in the document, that will no longer be the case when the parties are getting divorced. This is the law if the testator dies after having created the will or dies while they are living in Pennsylvania and the divorce is underway but has not yet been completed. A notable exception is if it is clear in the will that the former spouse should still receive the testator’s property as laid out in the document. If the testator gets married after creating the will and the spouse is not named, then that spouse will receive a share of the estate as if they were married and there was no will. For a person who dies intestate, there are rules in place as to how their property is doled out to relatives. The spouse receives a certain share based on that. However, if the will is clear that it was written in advance of the marriage, then the spouse could receive more than they would have gotten in an intestate case. If the testator has clear desires with how to provide items from their estate to a person they intend to marry, they should spell it out in the will.

Be fully aware of estate planning laws when getting married or divorced

Often, people are unaware of these somewhat understated and potentially confusing areas of the law. Since marriage and divorce can stoke such dramatic changes, it is essential to be cognizant of how an estate plan is impacted by it. Being prepared for every eventuality is crucial to wills and estate planning. Having experienced, professional help is key.

Estate planning can help care for a disabled loved one

2025-09-19T16:16:30Z

Most people, when planning their estates, think about what kind of legacy they want to leave for their loved ones. But for families who have loved ones with special needs, this goal takes on an added importance. If you have an adult child or other loved one who is disabled, you want to make sure they have all the resources they need to carry on long after you are gone. At the same time, you have to be careful that their inheritance does not financially disqualify them from receiving the benefits they need. These two goals can work against each other.

Special needs trusts

Perhaps the best way around this problem is by using a specific type of estate planning tool known as a special needs trust. When you place assets into a special needs trust, you appoint a trustee to manage the assets and name your loved one as the beneficiary. The trustee disburses the assets to your loved one according to the instructions in your trust documents. The biggest factor that makes a special needs trust different from other trusts is that the trustee must disburse the assets in a way that does not put the beneficiary financially ineligible for benefits they need, such as Social Security Disability Insurance or Medicaid benefits. These and other programs are meant for people who are unable to earn an income, and so if a recipient starts collecting income over a certain amount, they become ineligible for the benefits. Pennsylvania law has a number of regulations and rules that are unique to special needs trusts. This type of estate planning tool requires careful work and attention, and should be handled by experienced professionals. When prepared correctly, it can be a great way to make sure your loved ones have the care and resources they need for the rest of their lives.

Think carefully before giving your house to your children

2025-09-11T20:22:34Z

As you start to think about what kind of legacy you want to leave to our loved ones, it's only natural that you should think about what to do with your our home. For many Pennsylvanians, the family home is their most valuable single asset. And, with the cost of housing getting out of reach of many younger people, it might seem like a good idea to simply give their homes to their adult children. You may have the best of intentions, but if you're not careful, this type of gift can cause a lot of problems.

A gift while you're alive

There are several potential problems with the idea of gifting your home to your children while you are still alive. Some of the most serious problems involve the tax consequences. And perhaps the most serious potential tax trap involves your home's gain in value over the years. When a person sells their home, they typically owe taxes on the profit they made. So, if you bought your home 20 years ago for $300,000, and you sell it today for $600,000, you could be taxed on that $300,000 gain. If, instead of selling, you give your home to your daughter, her cost basis is the same as yours: $300,000. If she decides to sell the home 10 years from now for $1 million, she will likely be taxed on a $700,000 gain. That could be enough to make the process a lot harder for her. By contrast, if you gave the home to your daughter in your will, her cost basis is calculated according to the fair market value of the home at the time she inherits it. In our example, this would mean her cost basis is $600,000. If she sells it in 10 years for $1 million, she will be taxed on a gain of $400,000 instead of $700,000.

Get professional advice

The tax issue we've been discussing here is just one of many potential problems with gifting a home, but there are ways to keep your home in your family. Professionals with experience in estate planning can help you assess your options.