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.

What Happens to Your Poconos Property When You Pass Away?

Real EstateEstate Planning

Feb 16

Written By William Onofry

For many families, a home in the Poconos represents decades of memories — and significant financial value. But when the owner passes away, what happens to that property depends entirely on how it was titled and whether any estate planning was done. The answers aren't always what families expect.

If the property is titled solely in the deceased person's name, it becomes part of their probate estate. That means a court process, public records, potential delays of months or longer, and costs that can add up quickly. If the owner was a New York or New Jersey resident, Pennsylvania still requires its own ancillary probate proceeding — a second process in addition to whatever is required back home.

How you hold title matters enormously. Joint tenancy with right of survivorship means the property passes automatically to the surviving owner without probate. Tenancy in common means each owner's share goes through their estate — which may or may not align with what anyone intended.

A revocable living trust is often the cleanest solution for vacation or second home properties. Title the property in the trust, and at death it transfers to your beneficiaries according to your instructions — no probate, no court, no delay. This is especially valuable for out-of-state owners who want to avoid Pennsylvania's ancillary probate process entirely.

The time to make these decisions is before they become urgent. Transferring a property into a trust, updating how title is held, or simply making sure your will accounts for Pennsylvania real estate — these are straightforward steps when done proactively.

Own property in Pike County? Let's make sure your plan accounts for it. 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.

Real EstateProbatePrimary ResidenceSecond HomePike CountyMilford PAIndividual OwnerDeceasedOne OwnerSingle OwnerWillLast Will and Testament

William Onofry

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