While no one wants to think about what will happen if they are seriously ill or pass away, making provisions now can prevent serious problems and ensure your wishes are not only known but honored.
 
Will
A will arranges for the distribution of your property in the event of your death and, when applicable, can even make provisions to care for your children. If you do not make a will, property is distributed according to intestate laws and may in fact be costly and confusing for your family.  If you have a will, it is a good idea to have a new one made whenever you have a major change in assets (property) or  there is a major family event, such as the birth of a child or grand-child, retirement or divorce.

Living Wills (also known as an advanced health care directive)
A living will states your wishes for the kind of life-sustaining medical treatment you want, or don't want, in the event that you become permanently unconscious (such as an irreversible coma or vegetative state) and you are unable to communicate. An advanced health care directive is one of the best ways to have a say in your medical care when you can't express yourself and is also a powerful way to assist your family with difficult medical decisions.

Power of Attorney
A Power of Attorney (POA) grants someone you trust the power to manage all of your affairs. Executing a power of attorney does not mean that you can no longer make decisions; it means that another person can also act for you. For example, you may be hospitalized for a brief period of time and need someone to deposit your checks in the bank or pay your bills. As long as you are capable of making decisions, the other person must follow your directions.  You can revoke the agent's authority under the power of attorney at any time. The word "durable" means that your agent can continue to make decisions for you if you become incapacitated. The agent will still be obligated to act in your best interest, making decisions and using your money and property only for your benefit. If you do not establish a durable power of attorney and you become mentally incapacitated, it may be necessary for a court to appoint a guardian or conservator for you. By having a Power of Attorney prepared, you ensure someone you trust takes care of your financial and medical affairs, not someone appointed by the court.

General Information – Estate Administration:
If you are involved with a person who has died, make sure that their home is secure and nothing is lost or destroyed. In Pennsylvania, other than a spouse, no one can enter a safe deposit box without arranging an inventory for the Pennsylvania Department of Revenue. Shortly after the funeral, an attorney should be contacted by the survivors to discuss the decedents (the deceased person) matters and estate.

1. What Is Probate?
The probate or estate administration process is when someone dies owning assets in his or her name alone and an estate must be started by a personal representative to handle the decedent’s assets and settle his or her affairs. The personal representative is called an "Executor" if appointed in the decedent’s Will. If the decedent has not designated an Executor in a Will, the court appoints an "Administrator," which can be an individual or corporation such as a bank or trust company. The Executor or Administrator is the only person or entity legally authorized to deal with the assets of the estate and handle matters of estate administration. Administration of estates involves collection of assets, payment of obligations such as debts and expenses and death tax preparation (federal and state) and filing, and distribution of property to heirs and beneficiaries

2. Why Is There A Probate Process?
The probate process in Pennsylvania is an efficient way to protect beneficiariesand creditors and to assure proper distribution of estate assets and many times is required when assets are held solely in the decedent’s name. Even if assets are not subject to probate, they may still be subject to all of the same death taxes as probate assets.

3. Do I need an Attorney?
The probate process and inheritance tax returns involve specified timelines, rules and formulas that may be difficult for those unfamiliar with the process to quickly and accurately learn in order to comply with deadlines. An Attorney helps assure you follow the timeline properly and accurately, which helps you avoid costly mistakes.

4. What Are The Costs Of Probate?
In Pennsylvania, the costs of probate include filing fees for opening the estate, advertising the estate, filing an inventory of estate assets and other papers to complete the administration process. Legal fees are paid to the attorney handling the estate work, which may include preparation of various death and income tax returns. Obtaining appropriate legal advice about the administration of the estate can help contain costs and taxes. Ultimately, the fees are heavily guided and influenced by the size of the estate. Talk to your lawyer to find out whether services will be based on an hourly fee, a flat rate, or on a percentage of the estate assets and what would work best for you.

5. Is Probate A Lengthy Process?
In Pennsylvania, probate need not and normally does not take long in comparison with other states. Executors or Administrators are accorded broad powers to accomplish the administration of estates in a quick manner. They are empowered to handle most details without seeking court approval for each and every transaction, such as the liquidation of assets and the paying of debts and expenses. However, the length of time needed to complete the estate will depend on the cooperation of the representative, the length of time needed to determine what assets and debts exists, the length of time involved in transferring assets (transferring stocks, for example, take long than transferring a bank account), the availability of the current year’s income tax return form from the IRS and the state, and other individual factors. Some estates may take up to a year or more while others may be completed in months.