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 Is a Trust and Is It Right for Your Family?

Estate Planning

May 19

Written By William Onofry

Trusts have a reputation for being complicated, expensive, or only for the wealthy. None of that is really true. A trust is simply a legal arrangement, a contract, where one person holds and manages assets for the benefit of another — and for many families, it's a smarter option than a will alone.

The most common type is a revocable living trust. You create it during your lifetime, transfer assets into it, and manage it yourself. When you die, those assets pass directly to your beneficiaries — without going through probate. That means no court process, no public record, and often a much faster and simpler transfer.

Trusts are especially valuable if you own real estate in multiple states (avoiding probate in each), have minor children (you can specify when and how they receive assets), have a blended family, want to provide for a person with special needs, or simply want more control over how your assets are distributed.

A trust does require more upfront work than a simple will — and it needs to be properly "funded" (assets actually transferred into it) to work as intended. But for the right family, the long-term benefits far outweigh the cost.

Wondering if a trust makes sense for you? Let's talk. Call (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.

Estate PlanningTrust PlanningTrustRevocable TrustIrrevocable TrustElder LawPike CountyMilford PAMilfordWillWillsLast Will and TestamentProbateProbate Avoidance

William Onofry

What Is a Trust and Is It Right for Your Family?

Understanding Medicaid's Five-Year Look-Back Period

Healthcare Proxies vs. Living Wills: What's the Difference?