Frequently Asked Questions
Answers to the questions we hear most often.
What legal services does Ament Law Group offer?
We provide comprehensive legal services in estate planning and administration (drafting wills, trusts, powers of attorney, and guiding clients through probate and trust administration), real estate transactions (property purchases and sales, lease agreements, landlord-tenant issues, assessment appeals, and settlement services), and business law (business formation, contract drafting and review, compliance, dispute resolution, and general counsel services for small businesses).
Do I need a will or a trust?
It depends on your circumstances. A will directs how your assets are distributed and names a guardian for minor children, but it goes through probate. A trust can help you avoid probate, provide privacy, and maintain control over how and when beneficiaries receive assets. During your consultation, we'll help you determine which approach—or combination—best fits your situation and goals.
What is probate, and can I avoid it?
Probate is the legal process of administering a deceased person's estate through the Register of Wills. In Pennsylvania, probate involves validating the will, paying debts and taxes, and distributing assets. While probate cannot always be completely avoided, there are strategies to minimize its scope and cost, including revocable living trusts, joint ownership, and beneficiary designations. We can help you plan accordingly.
What is a "Short Certificate" and how do I get one?
A Short Certificate is a legal document issued by the Register of Wills that certifies the appointment of an executor (if there is a will) or an administrator (if there is no will) of an estate. Banks and financial institutions typically require a Short Certificate before they will allow you to access or manage a deceased person's accounts. Obtaining one requires filing a petition with the Register of Wills in the appropriate county. Our attorneys can guide you through the entire process.
How much does probate cost in Pennsylvania?
Probate costs vary based on estate size and complexity. Common expenses include Register of Wills filing fees ($200–$500+), attorney's fees (typically 2–5% of estate value or hourly), executor compensation, appraisal costs, and tax preparation fees. Read our guide to minimizing probate costs for detailed strategies.
What should I bring to my first estate planning meeting?
It's helpful to bring a list of your assets and their approximate values (real estate, bank accounts, retirement accounts, life insurance), information about your debts, the names and contact information for people you'd like to name as executors, trustees, guardians, or agents, and any existing estate planning documents you may have (prior wills, trusts, powers of attorney).
Do you handle real estate closings?
Yes. Our attorneys are licensed title insurance agents through Chicago Title and First American. We handle residential and commercial closings, title examinations, and title insurance, ensuring our clients have peace of mind when purchasing or selling property.
Can you help me form a business?
Absolutely. We guide clients through selecting the right business structure (LLC, corporation, partnership), filing formation documents with the Pennsylvania Department of State, drafting operating agreements or bylaws, and handling initial compliance requirements. We also assist with ongoing business legal needs including contract drafting, dispute resolution, and succession planning.
What is Medicaid planning, and when should I start?
Medicaid planning involves developing strategies to protect your assets while qualifying for Medicaid to cover long-term care costs. Pennsylvania has a five-year look-back period, meaning asset transfers made within five years of applying may result in penalties. The earlier you begin planning, the more options are available. We recommend discussing Medicaid planning well before any anticipated need for nursing home care.
What areas does Ament Law Group serve?
Our office is located in Murrysville, PA, and we serve clients across six counties in Western Pennsylvania: Westmoreland, Allegheny, Washington, Butler, Fayette, and Indiana Counties. See our areas we serve page for more details.
How do I schedule a consultation?
Call us at (724) 733-3500 or use our contact form. We offer consultations at our Murrysville office and can accommodate evening appointments by arrangement.
Estate Planning & Probate
How do I avoid probate in Pennsylvania?
Several strategies can help minimize or avoid probate. Holding assets in joint tenancy with right of survivorship allows them to pass automatically to the surviving owner. Naming beneficiaries on retirement accounts and life insurance keeps those assets out of probate entirely. Payable-on-death (POD) and transfer-on-death (TOD) designations on bank and investment accounts work similarly. A revocable living trust can hold other assets outside probate. The right combination depends on your assets, family situation, and goals, which is why we tailor every plan to the individual client rather than offering a one-size-fits-all approach.
What happens if you die without a will in Pennsylvania?
Pennsylvania's intestacy statute (20 Pa.C.S. Chapter 21) determines who inherits when there is no valid will. If you are married with no children, your spouse inherits everything. If you have a surviving spouse and children who are also your spouse's children, your spouse receives the first $30,000 plus half of the remaining balance, and the children share the rest equally. If you have children from a prior relationship, the spousal share is different, your spouse receives one-half of the estate with no preferential share. Without a spouse, children inherit in equal shares. Without a spouse or children, parents inherit. Without parents, siblings inherit. These default rules rarely match what most people would choose, which is why having a will is so important.
How much does Pennsylvania inheritance tax cost?
Pennsylvania imposes an inheritance tax based on the relationship between the deceased person and the beneficiary. The rates are: 0% for transfers to a surviving spouse, 4.5% for transfers to lineal descendants (children, grandchildren) and lineal ancestors (parents), 12% for transfers to siblings, and 15% for transfers to all other beneficiaries including nieces, nephews, friends, and unmarried partners. Life insurance proceeds paid to a named beneficiary are exempt from Pennsylvania inheritance tax. There are also exemptions for certain farmland and family-owned businesses. Our free PA Inheritance Tax Guide covers this in detail.
What is a power of attorney and do I need one?
A power of attorney is a legal document that authorizes someone you trust (your "agent") to act on your behalf. A financial power of attorney covers decisions about your money, property, and financial affairs. A healthcare power of attorney (or healthcare directive) covers medical decisions if you cannot make them yourself. Every adult over 18 should have both documents in place. Without them, your family may need to petition the court for guardianship if you become incapacitated, a process that is expensive, time-consuming, and public. A properly drafted power of attorney avoids that entirely.
How do I transfer a house after someone dies in Pennsylvania?
The process depends on how the property was titled. If the property was held in joint tenancy with right of survivorship, it passes automatically to the surviving owner, you will need a death certificate and typically an affidavit of survivorship recorded with the county recorder of deeds. If the property was held solely by the deceased, it must pass through probate. The executor or administrator transfers the property by executor's deed after the estate is opened with the Register of Wills. If the property was held in a revocable living trust, the successor trustee handles the transfer by trustee's deed without going through probate.
Real Estate & Business
Do I need a lawyer for a real estate closing in PA?
Pennsylvania does not legally require an attorney at closing, but having one provides significant protection. An attorney reviews the agreement of sale for issues, conducts or reviews the title search for liens and encumbrances, explains the legal implications of every document you sign, identifies potential problems before you get to the settlement table, and ensures the transaction is recorded properly with the county. For most people, buying or selling a home is the largest financial transaction of their life, attorney representation is a wise investment.
What is the difference between an LLC and a corporation in Pennsylvania?
Both LLCs and corporations provide personal liability protection, but they differ in structure, taxation, and formality requirements. An LLC offers flexible management (member-managed or manager-managed), pass-through taxation by default, and fewer ongoing formality requirements. A corporation has a more rigid governance structure with officers, directors, and shareholders, and may be subject to double taxation at the corporate and individual level, unless it elects S-corporation status. LLCs are generally better suited for small businesses and real estate holdings, while corporations may be advantageous for businesses seeking outside investment or planning to go public. We help clients choose the right structure based on their specific goals and tax situation.
How-To Guides
How do I start the estate planning process?
Start by gathering a list of your assets and their approximate values, real estate, bank accounts, retirement accounts, and life insurance. Think about your goals: who should inherit your property, who should make financial and medical decisions if you become incapacitated, and who should care for minor children. Then schedule a consultation with an estate planning attorney who will review your situation and recommend the right documents. You can download our free Estate Planning Preparation Worksheet to help you organize your information before your meeting.
How do I become executor of an estate in Pennsylvania?
If you are named as executor in the decedent's will, take the original will and a certified death certificate to the Register of Wills in the county where the decedent lived. You will complete a probate petition, pay the filing fee, and the Register will issue Letters Testamentary and Short Certificates, these documents give you the legal authority to act on behalf of the estate. If there is no will, you can petition the court to be appointed administrator by filing with the Register of Wills along with consent from the next-of-kin. Our guide for executors walks you through the full process.
How do I update my estate plan after a divorce?
After a divorce, you should update your will, revoke or amend any trusts that name your former spouse, execute new powers of attorney and healthcare directives, change beneficiary designations on life insurance and retirement accounts, and retitle any jointly owned property. Under Pennsylvania law (20 Pa.C.S. § 2507), a divorce automatically revokes bequests to a former spouse in a will, but it does not affect beneficiary designations, joint accounts, or trusts, those must be changed manually. The sooner you update your plan after a divorce, the better protected you and your children will be.
How do I protect my assets from nursing home costs in Pennsylvania?
Several legal strategies can protect your assets while maintaining Medicaid eligibility, including irrevocable trusts established at least five years before needing care, caregiver agreements with family members, exempt asset conversions, and community spouse protections. Pennsylvania imposes a five-year look-back period on asset transfers before a Medicaid application, which means early planning provides the most options. Even when care is needed immediately, crisis planning strategies can preserve a meaningful portion of the family's assets. Consult with an elder law attorney as early as possible to evaluate your options.
How do I sell a house without a real estate agent in Pennsylvania?
Selling for-sale-by-owner (FSBO) in Pennsylvania requires pricing your home accurately, marketing the property, completing the required Seller Disclosure form under 68 Pa.C.S. § 7301, negotiating the agreement of sale with the buyer, coordinating inspections, arranging title services and title insurance, and attending the settlement table. An attorney can handle the legal aspects, drafting or reviewing the agreement of sale, ordering the title search, preparing closing documents, and conducting the settlement, while you save on real estate commissions. Our FSBO guide covers the complete process step by step.
How do I find out if someone left a will in Pennsylvania?
Wills are filed with the Register of Wills in the county where the decedent resided. You can contact the Register of Wills office in the appropriate county and ask to search their records. Once a will is filed, it becomes a public document and anyone can request a copy for a small fee. If you believe the decedent had a will but it has not been filed, check with the decedent's attorney, bank safe deposit box, home safe, or personal files. If a will is found after probate has already been opened under intestacy, the will can still be submitted — Pennsylvania law allows probate of a will within one year of death.
How do I dissolve a business in Pennsylvania?
Dissolving a Pennsylvania LLC or corporation requires several steps: obtaining a vote of the members or shareholders to approve dissolution, winding up business affairs and paying all outstanding debts and obligations, filing a Certificate of Dissolution (for LLCs) or Articles of Dissolution (for corporations) with the Pennsylvania Department of State, filing final state and federal tax returns, and canceling any business licenses, permits, and registrations. An attorney ensures the dissolution is done properly so that you are not personally liable for any future obligations that surface after the business is closed.
Other Questions
Does Ament Law Group handle personal injury or criminal cases?
No. Our firm focuses on estate planning, probate, real estate, elder law, and business law. We do not handle personal injury, medical malpractice, workers' compensation, criminal defense, family law, bankruptcy, or immigration matters. However, if you need help in one of those areas, we are happy to listen and connect you with a trusted local attorney at no charge. Visit our Other Legal Needs page or call (724) 733-3500 for a referral.
How do I add a beneficiary to my deed in Pennsylvania?
Adding a beneficiary to a deed, or more accurately, adding a person to the deed or creating a transfer-on-death designation, requires careful consideration. Simply adding a child's name to your deed creates an immediate ownership interest, which can trigger gift tax implications, expose the property to the new owner's creditors, and complicate a future sale. A better approach may be a transfer-on-death deed (if available), a revocable trust, or a life estate deed, each with different legal and tax consequences. Consult with an attorney before making any changes to your property title.
How do I contest a will in Pennsylvania?
To contest a will in Pennsylvania, you must file a caveat with the Register of Wills within one year of probate. Common grounds include lack of testamentary capacity (the person did not understand what they were signing), undue influence (someone pressured or manipulated the person into signing), fraud, or improper execution under 20 Pa.C.S. § 2502. Will contests are heard by the Orphans' Court. You must have standing to contest, meaning you would inherit if the will were overturned. These cases are factually and emotionally complex, so early consultation with an attorney is essential.
What is the Pennsylvania inheritance tax rate?
Pennsylvania imposes inheritance tax on assets passing at death at the following rates: 0% to a surviving spouse, 4.5% to lineal descendants (children, grandchildren) and lineal ancestors (parents), 12% to siblings, and 15% to all other heirs including nieces, nephews, and non-relatives. Certain assets are exempt, including life insurance proceeds, certain farmland, and small family-owned businesses meeting specific criteria. The tax is due within nine months of death, and a 5% discount is available if paid within three months. Our Inheritance Tax Guide provides a detailed breakdown.
How long does it take to settle an estate in Pennsylvania?
A straightforward estate in Pennsylvania typically takes nine to twelve months to settle. The timeline includes obtaining Short Certificates, notifying creditors and beneficiaries, gathering and valuing assets, filing the Pennsylvania inheritance tax return (due within nine months), obtaining tax clearances, and making final distributions. Estates involving real estate sales, disputed claims, tax audits, or litigation can take significantly longer. Under 20 Pa.C.S. § 3532, executors are expected to settle estates within a reasonable time but are generally protected from suit by beneficiaries during the first year after appointment.