Pittsburgh Elder Law Blog

As you work through your estate plan, your hope is that those you leave behind in Pittsburgh will respect your decisions. Yet, making everyone happy (especially when it comes to the matter of an inheritance) can be difficult. Should one of your beneficiaries question the validity of your Will, working through the dispute can be a long, drawn-out process, depriving others of what you have earmarked for them an potentially eating away at your estate's funds. Some might say that it is best, then, to include a no-contest to deter anyone from challenging your will. Could such a move work? 

It depends on the motives of whomever is making the challenge. A no-contest clause can reduce or eliminate one's stake in an estate if they question the testator's wishes. Threatening your beneficiaries with being disinherited might serve to confirm how resolute you are in your wishes being respected (it may also show how much you hope to avoid any conflicts amongst your beneficiaries). However, there may situations where a no-contest clause in considered to be unenforceable. 

A common question posed to us here at Sikov and Love, P.A. is what happens when a Pittsburgh resident dies without a will. When a loved one dies whose estate you may have an interest in, your first thought might be that without a will in place, it is left to you and other heirs to decide how their assets are to be dispersed. Unfortunately, that is not the case. One who dies without a will is viewed as being "intestate," and Pennsylvania has established laws detailing exactly how intestate estates are to be handled. 

According to the Pennsylvania General Assembly, if you are the surviving spouse of one who has died intestate, your rightful claim to the estate is: 

• The entire value if your spouse has no issue (direct descendants) or surviving parents
• The first $30,000, plus one-half of the remaining value of there are surviving issue (who are also your issue)
• One-half of its value if there are surviving issue who are not your issue
• The first $30,000, plus one-half of the remaining value if there no surviving issue but your spouse is survived by one or both of their parents

Orphans' Court litigation does not necessarily involve cases for children with deceased parents. However, it sometimes can.

In Pennsylvania, the lowest level courts are known as the Courts of Common Pleas. In Allegheny County, the Courts of Common Pleas are separated into four divisions: Civil Division, Criminal Division, Family Division and Orphans' Court Division.

Orphans' Court received its name from the idea that orphans are "lacking protection." Orphans' Court litigation deals with cases involving people who cannot take care of themselves. Many of these people include incapacitated individuals or minors, who are being looked after by guardians, or the estates or trusts of decedents, which are being handled by executors or trustees.

More pet owners are creating pet trusts that ever before. Unlike you might think, they are not just for the super wealthy.

Pet trusts are created like any other trust. Once you determine the amount of money you wish to leave for the benefit of your pet, you need to decide who will act as the trustee. The trustee will manage the assets in the trust and ensure that the funds are used appropriately for your pet with its new owner.

Commonly, funds in a pet trust pay for feeding, grooming, boarding, veterinary care, end-of-life care and other pet related expenses. You can also leave instructions as to the type of care that you wish your pet to receive. It is the trustee's responsibility to make sure your wishes are followed.