Sikov and Love, P.A. Elder Law Pittsburgh Lawyer | Pennsylvania Power of Attorney Lawyer | Bethel Park Monroeville PA Wills & Trusts Attorney 2026-06-15T14:33:08Z https://www.sikovandlove.com/feed/atom/ WordPress /wp-content/uploads/sites/1103333/2023/07/cropped-SK-fav-icon-32x32.png On Behalf of Sikov and Love, P.A. <![CDATA[What does an executor actually do in Pennsylvania?]]> https://www.sikovandlove.com/?p=52322 2026-06-15T14:33:08Z 2026-06-15T14:33:08Z The Executor's role after a death An Executor is the person named in a Will to address the deceased person's wishes and final affairs. Many people agree to serve as an Executor without fully understanding what the role requires. While it is an important way to honor a loved one's wishes, it can also involve significant duties. In Pennsylvania, the Executor manages the Estate and handles a variety of legal, financial, and personal matters.

Common duties of an Executor

The exact responsibilities depend on the estate. However, many Executors perform tasks such as:
  • Filing the Will
  • Locating and protecting Estate assets on behalf of the Estate, which may involve opening an Estate account
  • Notifying heirs and beneficiaries
  • Paying funeral expenses, debts, and other final expenses
  • Filing required personal income tax and inheritance tax documents
  • Maintaining Estate records
  • Distributing property according to the Will
Some Estates are relatively simple. Others involve real estate holdings, business interests or disputes among family members. As a result, the amount of time and effort required can vary considerably from one Estate to another. In appropriate circumstances, Executors may accept a small commission from the Estate to compensate their efforts in managing and resolving an Estate. Although these duties may appear straightforward, they often require careful attention and sound decision-making.

Guidance can make the process easier

Settling a loved one's estate can involve complex responsibilities and unfamiliar legal requirements. When uncertainty surrounds the probate or estate administration process, experienced legal guidance can provide support and help Executors navigate their responsibilities under Pennsylvania law.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[How long does probate take in Pennsylvania?]]> https://www.sikovandlove.com/?p=52284 2026-05-26T20:51:06Z 2026-06-06T20:49:42Z Probate is the process where the family or designated Executor of a deceased individual obtains permission from the Register of Wills to act on behalf of the deceased. Unless you have been through this process before, it can be difficult to know what to expect.  Every estate is different, but there are certain standards that can help people understand what to expect after a loved one dies and when the estate can be put to rest.

Understanding the timeline for probate in Pennsylvania

Many estates in Pennsylvania require between 15 and 18 months to complete the probate process. While not every estate requires that much time, proper estate administration is crucial to ensuring that all of the heirs are treated fairly and have finality in the process. No matter how the estate proceeds, the estate representative is charged with gathering assets and determining debts before making a final distribution. Some factors that may impact the timeline for administering estates are:
  • Numerous and diverse assets take more time. Ill-maintained real property can take time to get cleaned up before it is listed for sale;
  • A properly-drafted and executed Will or estate plan can greatly simplify estate management and may avoid family tensions. Alternatively, a poorly-executed Will can lead to legal challenges and obstacles.
  • Significant and diverse creditor claims take more time as well. While it is common to leave some debt, it is more difficult to deal with several different companies and negotiate resolutions of past-due balances. These debts can also cause significant hardship, particularly if they impact home or vehicle ownership.
The greatest factor in Pennsylvania’s estate administration process is the inheritance tax return. Inheritance tax returns are to be filed within 9 months of a person’s passing, and it takes approximately 6 months to receive approval from the Department of Revenue. Making distributions before paying debts and dealing with the inheritance tax return can jeopardize those distributions and impact clean title to real estate.

What happens during probate?

The probate process begins with a petition to the Register of Wills to open the estate. After the Register of Wills affirms the authority of the estate representative, the estate representative must then send notice to creditors and other interested parties, including named beneficiaries or likely heirs. After collecting assets and receiving creditor claims, estate representatives pay debts and tax obligations. Finally, once clearance has been received from the Pennsylvania Department of Revenue and remaining obligations have been fulfilled, estate representatives can distribute the remaining property in the estate to heirs or beneficiaries. Those concerned about administering a loved one’s estate or whether an estate needs to be probated should consult with a probate attorney. Having legal guidance can take some of the risk out of estate administration and help beneficiaries or heirs understand their legal rights as well.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[The difference between guardianship and power of attorney]]> https://www.sikovandlove.com/?p=52286 2026-05-26T20:51:32Z 2026-05-28T20:49:14Z Whether due to age or a genetic or medical condition, those who experience cognitive decline and physical limitations generally need extra support.  When people require outside support to manage their finances or medical care, there are two common, legal ways for other adults to provide assistance, namely Power of Attorney or Guardianship. Understanding the differences between these two solutions is important for those thinking about their support needs and those concerned about a struggling family member.

Powers of Attorney empower people to choose their support

Adults have the right to decide who can assist them during their lifetime through a Power of Attorney. Financial Powers of Attorney can authorize a trustworthy person to pay bills, manage assets, including real estate, and make other important financial decisions on behalf of an incapacitated person. Medical Powers of Attorney can designate an agent to communicate with health care providers and make choices about an individual’s treatment or placement. Guardianship, on the other hand, is an involuntary process that deprives an individual of control and legal authority. Outside parties petition the courts for Guardianship when there is medical proof of their incapacity. If the courts agree that a person can no longer manage their affairs due to a physical, psychological, or other condition, the courts select another competent adult to assume guardianship authority. Like agents under Powers of Attorney, Guardians make decisions about daily care needs, medical treatment, and financial matters on behalf of those who struggle to understand their circumstances and respond to difficult situations. Many people fear the prospect of Guardianship, especially because they cannot control who the courts appoint. The litigation process generates expenses, and the court oversight involved can feel invasive. Guardianship is only granted where the person lacks sufficient supports to maintain their daily needs, which can include caregivers, family, or an agent under Power of Attorney. Establishing Powers of Attorney, specifically durable Powers of Attorney that remain in effect, even in the event of incapacity, can protect people from the risk of an involuntary Guardianship if their health and mental acuity decline later in life. An agent’s authority can also be limited by the terms in the Power of Attorney. Taking the time to prepare before a crisis occurs provides peace of mind and support for those who may have serious medical issues. Working with an estate planning attorney can help those concerned about their future support needs avoid Guardianship later in life. A lawyer can help draft Powers of Attorney that address individuals’ needs and protect them from involuntary Guardianship.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[Can a nursing home take your house in Pennsylvania?]]> https://www.sikovandlove.com/?p=52292 2026-05-12T14:37:10Z 2026-05-26T14:35:53Z One of the most common fears families have when a loved one needs long-term care is this: “Will the nursing home take our house?” It is an understandable concern. For many people, the home is their single largest asset and carries deep emotional value. The good news is that, in most situations, a nursing home does not simply take ownership of your house. However, Medicaid rules can apply to home ownership, and planning ahead can make a significant difference. Below is a general overview of how the law works in Pennsylvania and what you and your family should know when facing this difficult situation.

The Short Answer: Not Usually - But It Depends

A nursing home itself does not take your house as payment for care. The issue usually arises when a person needs financial assistance through Medicaid to pay for long-term care. Whether your home is protected depends on factors such as:
  • Whether a spouse still lives in the home
  • Whether another qualifying family member lives there
  • The value of the home
  • Whether planning has been done in advance
Every situation is different, which is why understanding the details early can help families make better decisions.

When Your Home Is Protected Under Medicaid

To be eligible for Medicaid in Pennsylvania, you cannot have more than $8,000 (or $2,400 for higher income individuals) in countable assets. In 2026, a home worth less than $752,000 is considered an exempt asset for Medicaid eligibility. This means it will not count against you when determining whether you qualify for benefits. Common situations where the home may be protected include:
  • A spouse is still living in the home If one spouse enters a nursing home, the healthy spouse can remain in the house and take over ownership.
  • A dependent or disabled family member lives in the home Certain relatives may qualify to remain in the home without affecting eligibility.
  • The nursing home resident intends to return home If there is a reasonable expectation of returning home, the property may remain exempt.

What Is Medicaid Estate Recovery?

Even though a home is typically exempt from Medicaid consideration during a person's lifetime, it may still be affected later through Medicaid estate recovery. Estate recovery is where Medicaid seeks reimbursement from the estate of the Medicaid recipient for money expended on their behalf after they pass away.  Recovery may be delayed or stopped when:
  • Certain hardship or caregiver child exceptions may apply
  • Non-probate planning strategies may reduce or avoid recovery
  • Transfers more than 5 years before qualifying for Medicaid

When a Home Might Be at Risk

A home may be more vulnerable when planning has not been done in advance. For example:
  • A single individual enters a nursing home and needs Medicaid
  • No spouse or qualifying family member can afford to live in or maintain the home
  • The property becomes part of the estate after death
Even in these situations, there may still be options available.

When to Talk to an Elder Law Attorney

You should speak with an elder law attorney if you are concerned about the costs of long-term care and how that might affect your home. These decisions can have lasting financial consequences, and reliable guidance can help families feel more confident during a challenging time.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[The importance of early planning: Why you should start thinking about elder care law]]> https://www.sikovandlove.com/?p=52289 2026-05-12T14:32:05Z 2026-05-12T14:32:05Z As we journey through life, planning for the future becomes increasingly crucial. For individuals in Pittsburgh and beyond, early elder care planning can make all the difference in ensuring peace of mind and a secure future. At [nap_names id="FIRM-NAME-1"], we understand the complexities of elder law and the importance of preparing for the inevitable changes that come with age and experience. 

The Benefits of Early Planning

  1. Financial Security and Asset Protection
Early planning helps you make the most of your money and ensures you don’t deplete your life savings on long-term care expenses. By planning ahead, you can explore options like gifting or establishing annuities or trusts that provide financial stability and peace of mind for you and your loved ones.
  1. Tailored Long-Term Care Solutions
Every individual’s needs are unique, and early planning enables you to customize your long-term care strategy. Whether it’s selecting the right Medicare plan or looking into independent or assisted living, starting early ensures that you have ample time to explore all available options. Our experienced attorneys can guide you through each step, ensuring that your plan aligns with your personal and financial goals.
  1. Empowerment Through Legal Preparedness
Having the right legal documents in place is vital for effective elder care planning. Durable powers of attorney, health care powers of attorney, and HIPAA authorizations are just a few of the documents that can ensure your wishes are respected. Early planning gives you the opportunity to thoughtfully select trusted individuals to make decisions on your behalf, should you become unable to do so.
  1. Reducing Stress and Uncertainty
Life is unpredictable, and while we cannot foresee every challenge, early planning can significantly reduce the stress and uncertainty of your future needs. By addressing potential issues now, you can focus on enjoying life, knowing that you and your loved ones are prepared for whatever the future may hold.

How We Can Help

At [nap_names id="FIRM-NAME-1"], our compassionate and knowledgeable attorneys are here to support you every step of the way. Whether you’re looking to protect your assets, navigate Medicaid planning, or establish crucial legal documents, our team is equipped to provide comprehensive elder law services tailored to your needs. With decades of experience and a commitment to serving the Pittsburgh community, we stand ready to assist you in creating a robust elder care plan. Don’t wait until it’s too late - take charge of your future today.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[Special needs trusts 101]]> https://www.sikovandlove.com/?p=52273 2025-11-17T21:35:10Z 2025-12-03T21:32:16Z Types of Special Needs Trusts (SNT)
  • First-Party SNT: Funded with the individual’s own assets, like a settlement or inheritance, often with a Medicaid payback provision.
  • Third-Party SNT: Created by family members, funded with their assets, offering more flexibility and no payback requirement.
  • Pooled Trusts: Managed by nonprofit organizations, ideal for smaller asset amounts or families seeking shared administration.

Benefits of a Special Needs Trust

  • Preserves Benefits: Funds in the trust don’t count as personal assets for Medicaid or SSI purposes.
  • Flexibility: Covers supplemental needs, such as therapy, transportation, or recreational activities, enhancing quality of life.
  • Future Security: Ensures long-term financial support, even after you’re gone.

Additional Planning Tools

Beyond SNTs, other legal tools support a smooth transition:
  • Guardianship: If your loved one cannot make decisions independently, a guardianship may be necessary to manage their medical or financial affairs. We guide families through Pennsylvania’s Orphans’ Court to establish appropriate guardianships.
  • Powers of Attorney: A mental health or financial power of attorney allows you or a trusted individual to act on your loved one’s behalf without full guardianship.
  • Medical Directives: Ensure your loved one’s healthcare preferences are honored, especially in emergencies.
  • ABLE Accounts: A special tax-advantaged account for individuals with disabilities to pay for certain housing, education, and medical expenses.

Integrating Long-Term Care and Asset Protection

Transition planning often overlaps with elder law and long-term care considerations, especially if your loved one requires ongoing support. Pennsylvania’s high care costs - which can average $12,000 monthly for nursing homes - highlight the need for asset protection. Strategies like SNTs, combined with Medicaid planning, can safeguard family resources while ensuring your loved one qualifies for benefits.  Our attorneys analyze your financial situation to develop comprehensive plans, incorporating tools like irrevocable trusts or strategic gifting to meet Medicaid’s five-year look-back requirements.

Common Questions About SNTs for Minor Children

Q: When should I start planning? A: Begin before your child turns 18 to avoid disruptions in benefits or decision-making authority. Early planning maximizes options. Q: Can my child inherit money safely? A: Yes, with an SNT, inheritances can be protected without affecting Medicaid or SSI eligibility. Q: What if my child receives a settlement? A: A first-party SNT can hold settlement funds, preserving benefits while providing for their needs.

Plan for Your Loved One’s Future Today

Transitioning to adulthood with special needs requires careful planning to protect benefits and ensure lifelong care. At [nap_names id="FIRM-NAME-1"], our Pittsburgh special needs planning attorneys are dedicated to crafting personalized solutions, from special needs trusts to guardianships. Contact us at [nap_phone id="LOCAL-CT-NUMBER-Local CTN"] or through our online form to schedule a consultation and secure your loved one’s future with confidence.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[Transition planning: From minor to adult with special needs in Pennsylvania]]> https://www.sikovandlove.com/?p=52271 2025-11-17T21:37:45Z 2025-12-01T21:30:21Z As a parent or guardian of a child with special needs in Pennsylvania, preparing for their transition to adulthood is a critical step. Turning 18 brings legal and financial changes that can affect eligibility for government benefits like Medicaid and Supplemental Security Income (SSI).  At [nap_names id="FIRM-NAME-1"], our Pittsburgh attorneys have been serving families since 1952, and work with special needs individuals to ensure their future is secure. This article outlines key considerations and tools, such as special needs trusts, to protect your loved one’s benefits and quality of life.

Why Transition Planning Matters

When a child with special needs turns 18, they gain legal independence. Without proper planning, an inheritance, personal injury settlement, or even well-meaning gifts could disqualify them from benefits like Medicaid or SSI. Transition planning, even before your child reaches adulthood, ensures your child’s financial and care needs are met while preserving their benefits.

Key Challenges at Age 18

  • Loss of Parental Authority: At 18, parents have a much harder time making legal or medical decisions without a power of attorney or guardianship.
  • Benefit Eligibility Risks: Assets over $2,000 (for SSI) can disqualify your child unless placed in protective structures like a special needs trust.
  • Care Continuity: Ensuring consistent access to medical care, therapies, and support services requires proactive legal planning.

The Role of Special Needs Trusts

A special needs trust (SNT) is a powerful tool to provide for your child without jeopardizing government benefits. Assets in an SNT are not counted toward Medicaid or SSI eligibility, allowing your child to receive inheritances, settlements, or gifts while maintaining access to critical programs.  At [nap_names id="FIRM-NAME-1"], we craft tailored estate plans to fit your family’s unique needs, ensuring funds are available to special needs family members for expenses like medical care, education, or personal support that government benefits don’t cover. Contact us at [nap_phone id="LOCAL-CT-NUMBER-Local CTN"] or through our online form to schedule a consultation and secure your loved one’s future with confidence.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[Divorce over 50 in Pennsylvania: Safeguarding against long-term care costs]]> https://www.sikovandlove.com/?p=52269 2025-11-17T21:38:03Z 2025-11-19T19:48:50Z Asset Protection Strategies When assets are split following a divorce, this can affect your savings meant to cover long-term care costs. We assist our clients in maintaining their long-term estate plan despite changes in circumstances:
  • Irrevocable Trusts: Shield assets from nursing home costs after five years.
  • Immediate Annuities: Convert assets into income to qualify for Medicaid.
  • Long-Term Care Insurance: Cover care costs to reduce strain on savings.
  • Exempt Resources: Use assets for prepaid funerals, a newer car, home repairs, paying down mortgages, home loans or other debt payoff to meet Medicaid limits.
  • Strategic Gifting: Transfer assets carefully to avoid penalties.

Common Questions

  • Medicare vs. Medicaid: Medicare is insurance that covers short-term care; Medicaid covers long-term care but requires meeting asset and income limits. We can help you qualify post-divorce.
  • When to Plan: Start at least five years before needing care to maximize options, though solutions exist for urgent needs.

Protect Your Future Today

Divorce doesn’t have to jeopardize your estate or long-term care plans. Our elder law attorneys at [nap_names id="FIRM-NAME-1"], create strategies to protect your financial future and ensure your wishes are carried out. Contact us at [nap_phone id="LOCAL-CT-NUMBER-Local CTN"] or via our online form to schedule a consultation and secure your legacy.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[Divorce over 50 in Pennsylvania: Estate and elder law considerations]]> https://www.sikovandlove.com/?p=52266 2025-11-17T19:48:30Z 2025-11-17T19:48:30Z Divorce after 50 - often called "gray divorce" - can significantly impact your estate and elder law plans. In Pennsylvania, where long-term care costs can average $12,000 per month, a divorce can complicate asset protection and estate planning.  At [nap_names id="FIRM-NAME-1"], our Pittsburgh attorneys, serving clients since 1952, help you navigate these challenges to safeguard your future.

Why Update Your Estate Plan After Divorce?

A divorce significantly affects your estate plan. Pennsylvania law may revoke a former spouse’s benefits in a will, but other documents require manual updates to avoid unintended outcomes. Key reasons to revise include:
  • Preventing a former spouse from inheriting or having control of assets
  • Avoiding family disputes
  • Adjusting for new tax laws or financial changes
  • Protecting your current family structure

Life Changes Triggering Updates

Divorce affects multiple aspects of your estate plan:
  • Beneficiary Designations: Update life insurance, retirement accounts, and payable-on-death accounts.
  • Powers of Attorney: Replace a former spouse as your decision-maker.
  • Trusts and Assets: Amend trusts or retitle property post-division.

Steps to Update Your Plan

  1. Review wills, trusts, and powers of attorney.
  2. Consult an experienced estate planning attorney.
  3. Discuss divorce-related changes in assets or family dynamics.
  4. Revise documents to align with current wishes and Pennsylvania law.
]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[The importance of early planning: Why you should start thinking about elder care law]]> https://www.sikovandlove.com/?p=52183 2025-04-11T14:40:56Z 2025-04-11T14:40:56Z As we journey through life, planning for the future becomes increasingly crucial. No matter where you are in life, early elder care planning can make all the difference in ensuring peace of mind and a secure future. At [nap_names id="FIRM-NAME-1"], we understand the complexities of elder law and the importance of preparing for the inevitable changes that come with aging. Here's why starting your elder care planning early is essential.

The Benefits of Early Planning

  1. Financial Security and Asset Protection
One of the primary concerns as we age is ensuring that the assets we have accrued during our lifetime are protected. Early planning allows you to safeguard your assets, ensuring that you don’t deplete your life savings on long-term care expenses. By planning ahead, you can explore options like establishing annuities or trusts that provide long-term financial stability and peace of mind.
  1. Tailored Long-Term Care Solutions
Every individual’s needs are unique, and early planning enables you to customize your long-term care strategy. Whether it’s selecting the right Medicare plan or planning for nursing home care, starting early ensures that you have ample time to explore all available options. Our experienced attorneys can guide you through each step, ensuring that your plan meets your personal and financial goals.
  1. Empowerment Through Legal Preparedness
Having the right legal documents in place is vital for effective elder care planning. Powers of Attorney, health care directives, and family care agreements are just a few of the documents that can ensure your wishes are respected. Early planning gives you the opportunity to thoughtfully select trusted individuals to make decisions on your behalf should you become unable to make those decisions due to an illness or condition.
  1. Reducing Stress and Uncertainty
Life is unpredictable, and while we cannot foresee every challenge, early planning can significantly reduce the stress and uncertainty of future elder care needs. By addressing potential issues now, you can focus on enjoying life knowing that you won’t need to plan in the middle of a crisis.

How We Can Help

At [nap_names id="FIRM-NAME-1"], our compassionate and knowledgeable attorneys are here to support you every step of the way. Whether you’re looking to protect your assets, navigate Medicaid planning, or establish crucial legal documents, our team is equipped to provide comprehensive elder law services tailored to your needs. With decades of experience and a commitment to serving the Pittsburgh community, we stand ready to assist you in creating a robust elder care plan. Don’t wait until it’s too late—take charge of your future today. If you’re ready to start planning for your future, or if you have questions about elder care, reach out to our office to schedule a consultation and take the first step towards securing a brighter tomorrow]]> 0