Estate Planning Resources & FAQs — Berkleigh Law, PLLC

Question 1

How much does estate planning cost?

Accepted Answer

The cost depends on the complexity of your plan. A simple will, power of attorney, and healthcare directive package is typically very affordable. A more comprehensive plan involving trusts or business succession planning involves more work and a higher fee. We discuss fees transparently at your consultation — there are no surprises.

Question 2

How long does it take to complete an estate plan?

Accepted Answer

For most clients, a basic estate plan can be completed in two to four weeks. We start with a consultation to understand your situation, then draft your documents, review them with you, and finalize everything at a signing meeting. More complex plans may take longer.

Question 3

How often should I update my estate plan?

Accepted Answer

We recommend reviewing your plan after any major life event — marriage, divorce, the birth of a child, the death of a beneficiary or named agent, a significant change in assets, or a move to a new state. As a general rule, a review every three to five years is a good practice even without a triggering event.

Question 4

What is probate and how can I avoid it?

Accepted Answer

Probate is the court-supervised process of settling a deceased person's estate — validating the will, paying debts, and distributing assets. It can take months and involve court fees and attorney costs. A properly funded revocable living trust is the most common way to avoid probate, as trust assets pass directly to beneficiaries without court involvement.

Question 5

What happens if I die without a will in Pennsylvania?

Accepted Answer

Pennsylvania's intestacy laws determine who inherits your assets. The distribution depends on your family situation — a surviving spouse, children, and other relatives each have defined shares under state law. The result may not reflect your wishes. If you have minor children, a court will appoint a guardian, which may not be the person you would have chosen.

Question 6

What should I bring to my first meeting?

Accepted Answer

You don't need to bring anything formal to the first consultation. It helps to have a general sense of your assets (real estate, bank accounts, retirement accounts, life insurance), the names of people you'd consider as executor, guardian, or agent, and any existing estate planning documents you may have. We'll guide you through the rest.

Question 7

I have a will from another state. Is it still valid in Pennsylvania?

Accepted Answer

Pennsylvania generally recognizes wills validly executed in other states. However, the laws governing trusts, powers of attorney, and healthcare directives vary by state, and documents drafted elsewhere may not fully reflect Pennsylvania law or your current situation. We recommend a review any time you move to a new state.

Question 8

I own a business. Do I need a separate succession plan?

Accepted Answer

Yes — and it's one of the most important things a business owner can do. Without a succession plan, the future of your business is uncertain if you die or become incapacitated. A buy-sell agreement, family gifting strategy, or business continuity plan can protect your partners, your employees, and your family's financial security.

Question 9

Do I need an attorney to make a will in Pennsylvania?

Accepted Answer

Pennsylvania does not legally require an attorney to draft a will, but working with one is strongly advisable. A self-drafted or online will can be invalidated by a single technical error — the wrong number of witnesses, an ambiguous clause, or a missing signature. An estate planning attorney ensures your documents are legally sound, reflect your actual wishes, and work together as a complete plan. The cost of getting it right is far less than the cost of a contested or invalid will.

Question 10

Is a trust better than a will in Pennsylvania?

Accepted Answer

It depends on your goals. A will is simpler and less expensive to create, but it must go through Pennsylvania's probate process, which is public and can take months. A revocable living trust avoids probate entirely, keeps your affairs private, and allows assets to pass to beneficiaries quickly. Trusts also offer more control — for example, staggering distributions to young beneficiaries or protecting assets for a child with special needs. Many Pennsylvania families benefit from both: a trust to hold major assets and a pour-over will to capture anything left outside the trust.

Question 11

Does my college student need a power of attorney?

Accepted Answer

Yes — this is one of the most overlooked estate planning steps for families with college-age children. Once your child turns 18, you no longer have automatic legal authority to access their medical records, speak with their doctors, or manage their finances — even in an emergency. A durable financial power of attorney and a healthcare power of attorney give you the legal authority to help if your student is injured, ill, or studying abroad. It takes less than an hour to put these documents in place and can make an enormous difference in a crisis.

Question 12

Does Pennsylvania have an estate tax or inheritance tax?

Accepted Answer

Pennsylvania does not have a state estate tax, but it does have an inheritance tax — which is different. Pennsylvania's inheritance tax applies to assets passed to most beneficiaries at rates ranging from 4.5% (for children and grandchildren) to 12% (for siblings) to 15% (for other heirs). Transfers to a surviving spouse are exempt. Transfers to children under 21 are also exempt. Proper estate planning — including the use of trusts, beneficiary designations, and gifting strategies — can reduce your family's Pennsylvania inheritance tax exposure significantly.

Question 13

How do I choose an executor for my will?

Accepted Answer

Your executor is the person responsible for carrying out your wishes after you die — gathering assets, paying debts, filing tax returns, and distributing what remains to your beneficiaries. Choose someone who is organized, trustworthy, and willing to take on the responsibility. It does not have to be a family member; a close friend or a professional fiduciary can serve. Name an alternate in case your first choice is unable or unwilling to serve. Discuss the role with whoever you choose before naming them — it is a significant responsibility and they should be prepared.

Question 14

What happens to my digital assets and online accounts when I die?

Accepted Answer

Digital assets — including bank accounts accessed online, cryptocurrency, social media accounts, email, cloud storage, and subscription services — are increasingly significant parts of an estate. Without proper planning, your family may be locked out of accounts or unaware they exist. Pennsylvania's Revised Uniform Fiduciary Access to Digital Assets Act gives executors and trustees legal authority to access digital assets, but only if your estate planning documents explicitly grant that authority. We include digital asset provisions in every plan we draft and recommend keeping a secure inventory of your accounts and passwords accessible to your executor.

Estate Planning Guides & FAQs

Understanding the basics

Why Every Adult Needs an Estate Plan

Will vs. Trust: What's the Difference?

Understanding Powers of Attorney

Healthcare Directives: Speaking for Yourself

Frequently Asked Questions

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