Sikov and Love, P.A. Elder Law Pittsburgh Lawyer | Pennsylvania Power of Attorney Lawyer | Bethel Park Monroeville PA Wills & Trusts Attorney 2026-10-22T13:56:45Z 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 assets bypass probate under the new $20,000 rule?]]> https://www.sikovandlove.com/?p=52345 2026-10-22T13:56:45Z 2026-10-22T13:56:45Z Losing a loved one is difficult. You hopefully do not need to think about how to pay bills or cover the costs of a funeral, but given the right circumstances, you can get some fast and much needed help. For many families, Pennsylvania’s 2026 changes to Act 50 make it easier to access certain funds without opening a formal estate. This guide explains the updated $20,000 direct-release rule, which assets bypass probate and when formal estate administration is still necessary.

The new statutory update

Under prior law, certain accounts up to $10,000.00 could be accessed by close family members after someone dies to help defray the costs of funeral expenses. The threshold for direct-release bank transfers and unclaimed property held by the state Treasury has increased from $10,000 to $20,000. If a deceased person had $20,000 or less in one bank, that bank should release the money directly to certain next of kin. It is important to know that employee benefits and wages and patient care accounts can also be accessed by these next of kin, which includes a spouse, children, parents, or siblings, but limits on those kinds of accounts remain at $10,000.00. Life insurance payable to an estate can be accessed up to $11,000.00. However, this rule has important limits. It applies only to deposit accounts held at one bank and does not extend to real estate or to the total value of the person’s entire estate.

Other non-probate assets

When someone dies, not all property has to go through probate. Often, some accounts and benefits can go straight to family members or named beneficiaries, based on how the decedent set them up, including:
  • Joint ownership: Accounts or property owned by spouses held as Joint Tenants with Rights of Survivorship
  • Bank and Retirement account: Assets with Transfer on Death (TOD) or Payable on Death (POD) labels
  • Life insurance: Life insurance policies with named beneficiaries
These types of assets can often be transferred directly to the named beneficiary or joint owner with a Death Certificate, helping families access funds when they need them most.

When probate is unavoidable

Probate is still necessary to transfer most real estate that was titled solely in the deceased’s name. In addition, any single bank account exceeding $20,000 also requires formal letters of administration or letters testamentary. Personal representatives would then need to appear in-person or virtually before the Register of Wills office for probate. 

A faster path for simpler estates

The recent change in the law will help families whose loved ones had a bank account with $20,000.00 or less access those funds without needing to wait for probate. The team at [nap_names id="FIRM-NAME-1"], can help determine if your loved one’s estate qualifies for direct transfer.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[Avoiding the “haunted house” of probate: What happens to real estate after death in Pennsylvania]]> https://www.sikovandlove.com/?p=52280 2026-04-17T21:00:17Z 2026-10-10T20:59:40Z When someone passes away, their real estate can feel like a “haunted house” - full of lingering issues that scare heirs: unclear titles, probate delays, unpaid taxes, family disputes, or unexpected debts. In Pennsylvania, handling real estate after death requires careful steps to transfer ownership cleanly and avoid these complications. At [nap_names id="FIRM-NAME-1"], our Pittsburgh-based probate and estate administration attorneys help families resolve these challenges and protect inheritances.

Why Real Estate Often Becomes a Problem After Death

Real estate titled solely in the deceased person’s name must typically go through probate to transfer to heirs. Without proper planning, this process can create “hauntings” such as:
  • Delayed Title Transfer: Heirs generally cannot sell, refinance, or even list the property until an estate representative is appointed.
  • Inheritance Tax Liability: Pennsylvania imposes inheritance tax (4.5% for direct descendants, up to 15% for others) on the property’s fair market value at death.
  • Outstanding Debts or Liens: Mortgages, home equity loans, tax liens, or contractor liens survive the owner’s death and must be addressed.
  • Family Conflicts: Multiple heirs may disagree on whether to sell, keep, or divide the property, leading to costly disputes.
  • Creditor Claims: Creditors can file claims against the estate during probate, potentially forcing a sale.
These issues can turn a family home into a source of stress rather than security.

How Real Estate Is Handled in Pennsylvania

While real estate can pass directly to a beneficiary when held in trust or through joint ownership, an individually-owned property usually requires a separate deed signed by an Executor or with Court approval to transfer the property. A good estate plan will ensure that your property is maintained with the least disruption to your heirs.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[Avoiding the “haunted house” of probate: Steps to take after a loved one passes]]> https://www.sikovandlove.com/?p=52282 2026-04-17T21:03:15Z 2026-10-05T21:02:19Z After someone you love passes away, the last thing you may want is to deal with home maintenance or unpaid bills. It is important to act early to avoid having a “haunted house” to deal with issues before they become an emergency. At [nap_names id="FIRM-NAME-1"], our Pittsburgh-based probate and estate administration attorneys help families resolve these challenges and protect inheritances. To minimize complications, act promptly:
  1. Have a Plan to Pay the Bills. Unpaid utility bills and taxes can place your real estate at risk of foreclosure or sheriff’s sale. Plan ahead to ensure that those bills can be paid after death.
  2. Secure the Property: Change locks if needed, maintain insurance, and protect against vandalism or deterioration.
  3. Locate Important Documents: Find the deed, mortgage statements, tax records, and the will (if any).
  4. Obtain Multiple Death Certificates: Needed for title transfers, banks, and government agencies.
  5. Notify Relevant Parties: Inform mortgage lenders, insurance companies, and local tax authorities.
  6. File for Probate (if required): Open probate in the county where the decedent resided.
  7. Transfer or Sell the Property: The sale or appraised value is used in computing inheritance taxes.
  8. Pay Inheritance Tax: Due within nine months of death; late payments can incur interest and penalties.
Delays in these steps can lead to accumulating costs, tax penalties, or lost value. Our attorneys at Sikov and Love, P.A. help Pittsburgh families create these protections, reducing stress for individuals and their loved ones.

Don’t Let Real Estate Haunt You

Dealing with real estate after death doesn’t have to be frightening. With the right plan, you can ensure a smooth, efficient transfer that preserves value, minimizes family conflict, and avoids stress. At Sikov and Love, P.A., we guide families through probate, estate administration, and proactive planning to secure their legacy. Contact our Pittsburgh office today to schedule a consultation. Let us help you protect your “haunted house” before it becomes a reality.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[Sudden emergency: What to do when Mom or Dad did not sign a power of attorney]]> https://www.sikovandlove.com/?p=52328 2026-08-04T22:32:38Z 2026-08-13T22:30:10Z A sudden medical emergency or diagnosis may leave your family with difficult questions. You may need to help your parent pay bills, make health care decisions or manage financial affairs. Those responsibilities can become much more difficult if your loved one did not sign a power of attorney (POA) while they still had the legal capacity to do so. Although the situation may feel uncertain, you do have options. Your next steps may depend on your parent's current mental capacity and how quickly your family can respond.

What happens if your parent can still sign?

Timing can make a world of difference. If your parent understands the document they are signing and can communicate their wishes, they may still have the legal capacity to create a power of attorney. Capacity does not require someone to be in the prime of their life, and many elderly and even sick individuals still have the ability to plan their estate. Even if physically signing the document is difficult, they may sign “by mark”. Some law firms also offer hospital or home visits when a loved one cannot travel. That option could make it possible to complete important documents during a dire situation before a medical condition progresses further. Taking action at the right time may help preserve your parent's ability to choose the person they trust to manage their affairs.

What changes if your parent can no longer sign?

Many conditions can deprive a person of the legal capacity to sign documents. This commonly occurs when dementia or other medical illnesses make someone unable to manage their daily affairs. In these situations, creating a power of attorney may no longer be an option. Instead, your family might need to ask the court to appoint a guardian. Pennsylvania law allows the court to appoint a guardian for an incapacitated person who cannot manage personal or financial affairs. The court reviews medical evidence and other relevant information before making that decision. The guardianship process could include:
  • Filing a petition with the Orphans' Court and serving paperwork on next of kin
  • Providing medical evidence about your loved one's condition
  • Attending a court hearing where a judge considers the request and may appoint an appropriate family member or professional guardian

How does POA compare with guardianship?

Both options may help protect your loved one, but they serve different purposes. A POA would:
  • Allow your parent to choose who will act on their behalf
  • Take effect before a medical or cognitive crisis becomes more serious
  • Reduce the need for and delay of court involvement
A guardianship, on the other hand, may become necessary if your parent loses the ability to make informed decisions and they have not made an adequate estate plan. Since the court selects the guardian, your family may have less flexibility than a valid POA could provide.

Planning early may create more choices

A sudden change in your parent's health can leave you feeling anxious and unsure about what comes next. If your loved one still has the legal capacity to sign important documents, acting promptly may help preserve valuable options. If that opportunity has already passed, Pennsylvania's guardianship process could provide a legal path for managing your parent's personal and financial affairs. Exploring your options as early as possible may give your family greater flexibility during a challenging time.]]> 0 On Behalf of Sikov and Love, P.A. <![CDATA[What happens if your loved one has no power of attorney?]]> https://www.sikovandlove.com/?p=52326 2026-08-04T22:23:08Z 2026-08-04T22:23:08Z When a loved one loses the capacity to make decisions, you may assume that your relationship alone gives you the authority to act for them. Under Pennsylvania law, that assumption might not get you very far.  Without a properly executed power of attorney, no one holds automatic legal standing to manage the person's finances or direct their medical care. Here is what unfolds in that situation and when a court-appointed guardianship may become the only path forward.

Why the missing document matters

You cannot access your loved one's bank accounts or manage their property and, in many cases, you will face obstacles trying to make medical choices for them. Banks and hospitals may refuse your requests. Care and bills can then stall. To gain authority after another person loses capacity to handle their own affairs, you must ask a court to declare the person incapacitated and to appoint a guardian.

How Pennsylvania guardianship works

Under 20 Pa.C.S. § 5511, an interested party files a petition with the Orphans' Court. The interested party must show clear and convincing evidence the person cannot manage money or make decisions about health and safety. The court may then appoint a guardian of the estate, a guardian of the person, or both. 

Is guardianship the right step?

Pennsylvania treats guardianship as a last resort. Judges consider less restrictive options before granting it, and the process places heavy burdens on everyone involved:
  • Time and cost: An uncontested case can still take several months before a guardian is appointed. Contested cases can take much longer and cost tens of thousands of dollars.
  • Court supervision: Guardians must file annual reports on the person's finances and well-being.
  • Lost rights: A finding of incapacity could remove some or all of the person's power to make major life decisions.
These burdens explain why courts prefer other tools when they exist.

Alternatives that may fit

Not every incapacity demands the full weight of a guardianship proceeding. For instance, Powers of attorney can also solve many issues in trying to help a loved one who cannot make their own choices. Where government benefits are the sole concern, the Social Security Administration can designate a Representative Payee without court involvement. A special needs trust or ABLE account may likewise hold assets outside judicial oversight. These narrower instruments may suffice when your loved one requires only limited support.

Protecting your family before a crisis

Without a power of attorney, guardianship may be your only path to legal authority. That path costs time and money and removes personal rights. Knowing your options helps you act with confidence. Early planning with the right documents may spare your family the court process entirely. An elder attorney can help you understand your options.]]> 0 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