Many people delay creating a will because they don’t think they need one yet (they’re “too young”), their family “knows what they want” to happen with their assets, they believe they don’t own enough assets to even have an estate plan, or because they just keep putting it on the back burner, thinking they will eventually get to it.

 

The reality of estate planning in America: more than half of Americans don’t have a will. On top of that, many Americans' wills are invalid because they don’t comply with specific legal requirements. 

 

Why does this matter? If someone dies without a will in Pennsylvania (i.e., dies intestate), Pennsylvania law determines who inherits and who is in control of the decedent’s estate.

 

Below is important information surrounding why you need an estate plan, specifically a will or revocable trust, and the pitfalls of dying intestate in Pennsylvania.  

 

What Happens If I Die Without a Will?

Not only will dying without a will leave Pennsylvania law to make determinations for your estate, but it often causes family members confusion, conflict, and even delays. 

 

When an individual passes away  without a will, PA’s intestacy laws determine who inherits the decedent’s property. In some cases, intestacy law may align generally with your goals, but in most cases, your assets could end up going to the wrong beneficiaries or in the wrong proportions.

 

For example, someone may have a deteriorating relationship with a child, sibling, or other family member, and depending on who survives that individual, that estranged family member could end up inheriting some or all of their estate. Pennsylvania law would transfer all assets to the family member(s) entitled to them under intestate laws, even though the decedent would have never structured their planning that way had they taken the time to do so.

 

Intestacy asset distribution in PA, in general:

 

Single Decedent:

  • If they have children: children inherit assets equally
  • If no children: parents inherit assets equally
  • If no parents: siblings inherit assets equally
  • If no children or parents: the next closest available family member (i.e., nieces/nephews, aunts/uncles, cousins, etc.)
  • If no living relatives: your assets go to the Commonwealth of Pennsylvania

 

A common misconception: “Everything will just go to my spouse, so I don’t need a will” - this is not always the case. Whether your spouse inherits your entire estate depends on other surviving heirs, including children, parents, and siblings.

 

Married Decedent:

  • If you have children with your spouse: spouse gets the first $30,000 plus ½ of the remaining probate estate and your children get the remaining ½ of the probate estate, in equal shares.
  • If you have children that are not also the children of your spouse: your spouse gets ½ of your estate and your children get the other ½ of your estate, in equal shares.
  • If you have no children but surviving parents: your spouse gets the first $30,000 plus ½ of your estate and your parents would receive the other ½.
  • If you have no surviving children or parents: your spouse gets the entire estate.

 

Other Considerations

In addition to making sure your estate benefits the correct individuals, a proper estate plan will provide:

  • The appointment of an executor that you trust to carry out your wishes and your estate administration process;
  • Asset protection for your beneficiaries;
  • Direct specific property to be distributed to specific people;
  • The appointment of a trustee for trust planning under your will;
  • Guardian designations for minor children;
  • Powers and guidance to your executor and trustees for ease of administration.

 

Anyone who owns assets (big or small) is a good candidate for a will and you are never too young to create one. Unexpected life events can happen to anyone, at any age. Making sure you have a valid will in place will protect your wishes and your loved ones, at all ages and no matter what happens. Remember, your planning can always be updated!

 

If you’re unsure where to begin or unsure if your will is valid and/or meets the legal requirements in PA - we’re happy to help walk you through the process, answer all of your questions, and create a plan that you feel comfortable with. Creating a will does not need to be complicated, but it should be created to carry out your wishes.

 

Call our office at (610) 933-8069 to schedule a review of your current estate planning documents, or to start the process of creating your estate plan.

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