Do I really need a will if I don't have many assets?

Yes — a will isn't just about money. It determines who raises your minor children, who handles your affairs, and how even modest assets are distributed. Without one, Pennsylvania's intestacy laws decide all of that for you, and the outcome may not match your wishes.

What's the difference between a will and a trust?

A will takes effect after you die and goes through probate — a public court process. A trust takes effect immediately, avoids probate entirely, and can manage assets during your lifetime if you become incapacitated. For many families, especially those with real estate or blended family situations, a trust provides far greater protection and flexibility.

When is the right time to start Medicaid planning?

Earlier than most people think. Medicaid has a five-year look-back period, meaning transfers made within five years of applying can result in penalties and delayed eligibility. The best time to start planning is well before a nursing home becomes a possibility — ideally in your 60s or early 70s.

Do I need a Pennsylvania attorney to buy a home in the Poconos?

Pennsylvania doesn't legally require an attorney for a real estate transaction, but it's strongly advisable — especially for out-of-state buyers. Pennsylvania law, title requirements, and disclosure rules differ significantly from New York and New Jersey. An attorney reviews your contract, identifies title issues, and protects your interests at closing in ways a real estate agent cannot.

If I leave money to my child with a disability, will it affect their benefits?

It can — and often does. Leaving assets directly to someone receiving SSI or Medicaid can disqualify them from those programs. A Supplemental Needs Trust allows you to provide for your loved one's quality of life without jeopardizing the government benefits they depend on. This type of planning requires careful drafting, and getting it wrong can have serious consequences.

Do I Really Need a Will? What Happens If You Die Without One in Pennsylvania

Estate Planning

Jan 6

Written By William Onofry

Most people know they should have a will. Far fewer actually have one. Here's the truth: if you die without a will in Pennsylvania, the state decides what happens to everything you've worked for — and its formula may have nothing to do with your wishes.

Pennsylvania uses a set of laws called "intestate succession" to distribute assets when someone dies without a will. If you're married with children, your spouse doesn't automatically get everything. The estate is divided according to a formula that depends on whether your children are also your spouse's children — which can create unexpected and painful outcomes for blended families.

Without a will, you also lose the ability to name a guardian for your minor children, choose your executor, protect a family business, or leave anything to a friend, charity, or anyone outside the legal hierarchy. The court appoints an administrator — often a stranger — to manage the process.

A will doesn't have to be complicated or expensive. For most people, a straightforward document drafted by an attorney takes one or two meetings and provides years of peace of mind. The question isn't whether you can afford to have a will. It's whether your family can afford for you not to have one.

If you've been putting this off, we're here to make it simple. Call us at (570) 904-2098.

Jacobs, Wilson & Onofry · jwolawyers.com · (570) 904-2098

DISCLAIMER: This article is intended for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws vary by jurisdiction and individual circumstances differ. Please consult an attorney for guidance specific to your situation.

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William Onofry

Do I Really Need a Will? What Happens If You Die Without One in Pennsylvania

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