Estate Law

We Handle All Aspects of Estate Law

Keller, Lisgar & Williams, LLP has developed a substantial Estate Law practice. Our attorneys have a great deal of experience representing individuals involved in probate litigation, estate planning, and administration. We can help you get through this difficult time.

Estate Law Practice Areas

Our experienced attorneys handle a wide range of Estate law cases. Click on any category below to learn more about how we can help you.

Estate Planning

Estate planning provides for the disposition of real and personal property after death.

Wills (Drafting and Probating)

Codicils

Living Will

Power of Attorney

Durable Power of Attorney (Health Care Directive)

Estate Administration

We assist clients in managing and settling a loved one’s estate, whether there is a will or not.

Probate

Letters of Administration

Intestate Estates (No Will)

Estate Disputes

We assist clients in resolving conflicts related to wills, estates, and guardianships.

Will Contests

Tax Matters

We assist clients with inheritance tax preparation, ensuring compliance with applicable laws while helping to minimize tax liabilities during estate administration.

Inheritance Tax Preparation

Why Choose Our Firm?

Experience, dedication, and results that speak for themselves

Power of Attorney

A power of attorney gives someone written authority to act in your name with regard to your financial and business affairs. The agent may have the authority to control bank accounts, transfer or sell personal property and real property, trade stock, sign legal documents, etc. A power of attorney can be revoked at any time. A power of attorney is only operative while the principal is living.

Durable Power of Attorney (Advanced Healthcare Directive)

The specific powers of a DURABLE power of attorney include the ability to authorize admission into a medical facility; enter into agreements for the principal’s care; and to consent, arrange, and authorize medical and surgical procedures including the administration of drugs.

In PA, the POA must be made in writing and be signed by the principal (presumed durable) in the presence of two adult witnesses.

A durable power of attorney is not affected by subsequent disability or incapacity. An agent must have actual notice of revocation for it to be effective. Divorce revokes power of attorney for a spouse.

Living Will

In PA, any person of sound mind, 18 yrs. of age or who has graduated from high school or is married may create a living will. The living will must be signed by declarant in the presence of 2 adult witnesses. The living will becomes operative when the declarant is determined to be incompetent by the attending physician and is certified in writing. A living will is generally not operative during pregnancy.

Intestate Estate

A person who dies without a will in PA is said to have died “intestate.”

The Commonwealth of Pennsylvania has developed a set of intestate laws which guide the disposition of a person’s property if he or she dies without a will. These laws can be found at 20 Pa.C.S.A. § 2101 et seq. These laws dictate which heirs have entitlement to the estate. Whether a person is an heir depends on his or her relationship to the deceased.

If the decedent is survived by a spouse, the amount of the estate due the spouse varies depending on who the other then living relatives are. The law controlling what portion of the decedent’s estate the surviving spouse is entitled to can be found at 20 Pa.C.S.A. § 2102.

If there is no surviving spouse, the laws of Intestate Succession at 20 Pa.C.S.A. § 2103, provide for the passing of the estate to the decedent’s heirs in the following order:

  • Children, first, to the children of the decedent;
  • Parents, if no children survive the decedent, the decedent’s parents share the estate equally; if only one parent survives, the surviving parent takes the entire estate;
  • Brother, Sister, (or their Children), if no parent survives the decedent, then the estate will be distributed to the children of the decedent’s parents (or their children);
  • Grandparents, if no siblings survive the decedent, then the grandparents of the decedent shall receive one-half to the paternal grandparents and one-half to the maternal grandparents, (or their children);
  • Uncles, Aunts, and their Children and Grandchildren, if no grandparents survive the decedent, the estate is distributed to the decedent’s uncles, aunts, and their children and grandchildren;
  • Commonwealth of Pennsylvania, if no one mentioned above survives the decedent, then the Commonwealth of Pennsylvania assumes the estate.

Before an estate can be administered, the probate court must appoint an administrator. An administrator’s duties are similar to an executor. The court does this by granting letters of administration to the person so entitled. In some instances, the heirs agree to the appointment of a certain individual. In others, a hearing is held at which time a judge will decide who the administrator will be.

Get Your Free Consultation Today

Our firm offers a free consultation where we will evaluate your case and answer all of your questions. If you are unable to visit our office, we will even visit you in the hospital or come to your home.

Important: Statute of Limitations

An estate is the net worth of a person. It is the sum of a person’s assets – legal rights, interests and entitlements to property of any kind – less all liabilities (debts).

You do not have to be wealthy to plan your estate. Planning ahead may allow you to avoid certain tax liabilities, prevent unnecessary lawsuits and provide for the implementation of your wishes, giving you peace of mind.

In the event of a loved one’s death, his/her estate must be probated. How this process will occur depends on whether he/she died with a will or without a will (i.e. intestate).

Our attorneys have a great deal of experience dealing with estate matters and we can help you get through this most difficult time. Contact us today for your free consultation.

Disclaimer

The information contained herein is dedicated to providing public information regarding Family Law issues in Pennsylvania. None of the information on this site is intended to be formal legal advice, nor the formation of an attorney-client relationship. Please contact our law firm for information regarding your particular case. This website is not intended to solicit clients outside the Commonwealth of Pennsylvania.