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.

Your Trust Won't Work If It Isn't Funded. Here's What That Means.

Estate Planning

Jan 5

Written By William Onofry

A revocable living trust is one of the most effective estate planning tools available. It keeps your estate out of probate, allows for a smooth and private transfer of assets, and gives you control over how and when your beneficiaries receive what you've left them. But there's a step many people miss — and it renders the entire document useless: funding the trust.

Funding a trust means actually transferring ownership of your assets into the trust. The trust document itself is just a set of instructions. Until assets are titled in the name of the trust, those instructions have nothing to work with.

Here's what that looks like in practice. If you create a trust but never re-title your home, your bank accounts, or your investment accounts into the trust's name, those assets will pass through your estate — through probate — just as if you never created a trust at all. The document you paid to have drafted does nothing.

Funding typically involves re-titling real estate by recording a new deed, changing the ownership on bank and investment accounts, and updating beneficiary designations on life insurance or retirement accounts where appropriate. Some assets are better handled through a "pour-over will" — a companion document that captures anything left out.

This is one of the most common oversights we see. People do the hard work of creating a plan and then don't complete the final step. Sometimes it's because no one explained the funding process clearly. Sometimes life simply got busy.

If you have a trust — whether recently created or sitting in a drawer for years — it's worth reviewing whether it's actually funded. We can help you assess what's in, what's out, and what it takes to finish the job.

Think your trust might be unfunded? Call Jacobs, Wilson & Onofry at (570) 904-2098. It's a quick conversation that could save your family significant time and cost.

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 PlanningIrrevocable TrustRevocable TrustFundingTrust FundingMoving Assets into TrustTrust Owns AssetsPutting Assets into TrustPike CountyMilfordMilford PA

William Onofry

Your Trust Won't Work If It Isn't Funded. Here's What That Means.

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