Menges, McLaughlin & Kalasnik, P.C.
Estate Planning Attorneys serving Lancaster, York, Dauphin & Adams Counties, Pennsylvania
The idea of passing one's wealth to the next generation has been in existence as long as humankind has been on this earth. However, at no time have the laws been so complex, and the need for professional assistance has never been greater. At Menges, McLaughlin & Kalasnik, P.C., our attorneys are well equipped to provide you with all the guidance you need to take care of all of your estate planning and administration needs.
Estate planning encompasses much more than simply determining how your children's inheritance will be distributed. Estate planning includes making provisions for the care of your estate while you are still alive. This can be done by powers of attorney , guardianships and trusts . There is, of course, the ever present need to shelter your assets from dissipation in the event of a long residence at a nursing home by means of medicaid planning . In addition, you may draw up a “ living will ” to give direction as to how you wish to receive medical treatment in case of terminal illness and incapacity.
Of course, the heart of estate planning is the will . The will sets out the general plan for how the deceased's estate will be administered. Estate administration is the process of effectuating the testator's or testatrix' intentions and distributing his or her wealth to the beneficiaries. Of course, at times there is estate litigation challenging either the will or the administration of the estate. In all of these matters, from a simple will to estate administration and litigation, the attorneys at Menges, McLaughlin & Kalasnik, P.C., are well qualified to guide you and help you accomplish your goals.
Powers of Attorney
Powers of attorney are a grant of authority from one person to another, often enabling that second person to do virtually everything that the first person can do with complete legal authority. Properly drafted and appointing a trustworthy individual, the power of attorney can be of incredible importance in administering someone's finances when that person is unavailable or incapacitated. Often, as a person gets older it is often a good idea to have a power of attorney to avoid the need to resort to a guardianship proceeding. Powers of attorney are often made up at the same time that a will is drawn up. The attorneys at Menges, McLaughlin & Kalasnik, P.C. can assist you in drawing up both of these wills and powers of attorney together with what is often called a living will.Guardianship
Guardianship is a process in which one goes to Court and proves that a person is unable to take care of themselves. The guardian would then be under direct Court supervision and be required to file accountings. This cumbersome and expensive procedure can often be avoided by simply having that person draw up a power of attorney . However, the attorneys at Menges, McLaughlin & Kalasnik, P.C., can assist you in obtaining a guardianship, if that should be necessary.Living Wills
Living wills , also known as advanced directives, are statutory creations under which a person can put in writing what his wishes are regarding future medical treatment. Resorted to only when the person is unable to communicate, the living will sets forth the person's preferences as to certain especially important treatments, and also can appoint a “surrogate” to make decisions as well. Often drawn up together with a will and a power of attorney , a living will can be a useful device for assisting others in effectuating your preferences as to your treatment. The attorneys at Menges, McLaughlin & Kalasnik, P.C., are able to assist you in regard to all three of these important estate and life planning documents.Trusts
There a number of reasons why people may draw up a trust . Often, someone may want to give money to someone, but, for some reason or other, not want to have it be held in their name or be under their control. In such a case a trust could be useful. The attorneys at Menges, McLaughlin & Kalasnik, P.C., can assist you in evaluating whether or not a trust would be of benefit to you as well as creating this trust and assisting you to administer it.
Living (Revocable) Trusts
Revocable trusts, sometimes called living trusts, are currently enjoying a certain notariety. These trusts are called living or revocable trusts because the gift to the trust is revocable or can be revoked as long as the settler (the person who places the property in trust) is alive. Most trusts referred to above, under "Trusts" , are irrevocable because the gifts to those trusts are permanent and cannot be revoked. Living (revocable) trusts can be a benefit in certain limited situations. However, despite the claims of the various organizations pushing living (revocable) trusts, a number of which have been or are being investigated by the state Attorney's General office, living trusts do not provide any substantial benefit over the normal probate process, and, in addition to being more expensive, can also result in additional unforeseen attorneys' fees, taxes and other costs which would not have been experienced under normal estate administration . If you think that you may benefit from a living trust, and, especially, if you have been contacted by an organization seeking to sell you a living (revocable) trust, please be sure to contact our attorneys at Menges, McLaughlin & Kalasnik, P.C., for an accurate assessment of your needs without a high pressure sales presentation.Medicaid Planning
Unfortunately, more and more people are spending their last years in nursing homes. Unless provision is made well ahead of time, nursing home costs can use up whatever money that person may have saved up to pass on to her children. Careful planning can result in a minimum of a person's estate being devoured by the nursing home, and the attorneys at Menges, McLaughlin & Kalasnik, P.C., are able to guide you in preserving your wealth for the next generation.Wills
Wills are the primary estate planning device. They set forth the directives of the testator or testatrix in regard to the administration and distribution of his or her estate. In addition, they can be used to nominate guardians for minor children, and such nominations are legally binding under normal circumstances. Most wills are basic wills which simply distribute the assets by direct grant. Parents with young children may prefer a will which has a minor's trust provision which creates a special trust designed to have flexibility to meet the children's needs. Wills can also be created with other trust provisions to take care of children from first marriages, second spouses and many other unique situations which require special treatment. Finally, for those with large estates, complex estate planning is needed, including wills with trusts designed to maximize the Federal Estate and Gift Tax exemptions. In all of these circumstances, the attorneys at Menges, McLaughlin & Kalasnik, P.C., are well equipped to assist you both in regard to determining what will is appropriate and in regard to drawing up that will in a way that is tailored design to meet your needs.Estate Administration
Estate administration is the process under which all the decedent's directions and desires are carried out. Usually it is necessary to go to the local Courthouse to get letters and then the executor or administrator is generally free to administer the estate as he thinks best in line with the directives of the decedent. The main purpose of estate administration is to carry out the intent of the decedent and preserve the estate for the benefit of the creditors and beneficiaries of the estate. This procedure entails a number of responsibilities and requires a number of statutorily mandated steps which must be taken. The attorneys at Menges, McLaughlin & Kalasnik, P.C. can faithfully guide you through all of the steps that are necessary to administer the estate.Litigation
Unfortunately, sometimes the need arises to either prosecute or defend litigation in regard to a will or the administration of a trust, estate or power of attorney. Our attorneys at Menges, McLaughlin & Kalasnik, P.C., can assist you in all phases of any litigation in regard to estate administration.
If you would like to discuss your case or to meet with one of our attorneys, please contact us.