Philadelphia Estate Planning Attorney

A Philadelphia estate planning attorney prepares the core documents Pennsylvania law recognizes: a last will and testament, a durable financial power of attorney, and a health care power of attorney with living will, and sometimes a trust. The Law Offices of Michael Kuldiner, P.C. prepares these plans at 2 Penn Center, 1500 JFK Boulevard in Center City Philadelphia.

Most Pennsylvania adults do not need an elaborate estate plan. They need a small set of documents that actually work: a will that gets admitted to probate without a fight, powers of attorney that banks and hospitals accept, and beneficiary designations that match the plan instead of contradicting it. Our estate planning and administration practice builds that foundation and adds trust planning only when your circumstances justify it.

Attorney Loretta Golding has more than ten years of experience in complex civil litigation, family law, and estate planning. Founder Michael Kuldiner, a licensed title agent and real estate broker, adds deep Pennsylvania real estate experience, which matters because homes and blended families are where most estate plans break down. Call (215) 942-2100 to schedule a consultation.

What a Complete Pennsylvania Estate Plan Includes

For most clients, a complete plan has four parts:

  • Last will and testament. Your will names an executor, distributes your property, and nominates guardians for minor children. Pennsylvania courts apply strict execution rules, so a properly witnessed, self-proving will avoids delays at the Register of Wills. Our wills preparation and contest attorneys draft wills built to hold up.
  • Durable financial power of attorney. This document, governed by 20 Pa.C.S. Chapter 56, lets a trusted agent manage your accounts, real estate, and bills if you become incapacitated. Without one, your family may need a court-appointed guardian.
  • Health care power of attorney and living will. Pennsylvania’s advance directive law, 20 Pa.C.S. Chapter 54, lets you name a health care agent and state your end-of-life treatment wishes. See our living wills page for how these documents work together.
  • Beneficiary designation review. Retirement accounts, life insurance, and payable-on-death accounts pass outside your will. A plan that ignores them is only half a plan, so we review every designation against the documents we draft.

A revocable living trust is the fifth piece for some clients, but not all. We address when it earns its cost below.

Pennsylvania Inheritance Tax Planning Basics

Pennsylvania has no state estate tax, but it does impose an inheritance tax on most transfers at death, with the rate set by the beneficiary’s relationship to you under 72 P.S. § 9116:

  • 0% for a surviving spouse and for qualifying charities
  • 4.5% for lineal heirs such as children, grandchildren, and parents
  • 12% for siblings
  • 15% for everyone else, including nieces, nephews, and friends

Unlike the federal estate tax, there is no large exemption: the tax applies from the first dollar. Life insurance proceeds paid to a named beneficiary are exempt. The return is due nine months after death, and the estate earns a 5% discount on tax paid within three months.

Planning can meaningfully reduce this bill. Common tools include structuring ownership between spouses, using exempt life insurance to deliver value to non-spouse beneficiaries, charitable giving, and timing lifetime gifts. The right mix depends on who inherits: a plan leaving everything to a spouse is taxed very differently from one benefiting a sibling or an unmarried partner at 12% or 15%.

Probate in Pennsylvania: Avoid It or Simplify It?

Some marketing treats probate as a disaster to be avoided at any cost. In Pennsylvania, that is usually overstated. Probate here is administrative rather than court-supervised at every step: the executor is sworn in at the county Register of Wills and then administers the estate with limited court involvement, and filing fees are modest compared to states like California or Florida.

Pennsylvania also offers a shortcut for modest estates. When the personal property in an estate is worth $50,000 or less, excluding real estate, the family can petition the Orphans’ Court to distribute assets without full administration under 20 Pa.C.S. § 3102.

For most families the better goal is a smooth probate, not an avoided one: a clear self-proving will, an organized asset list, and correct beneficiary designations. When you are the one administering an estate, our Philadelphia probate lawyers guide executors through the Register of Wills, inheritance tax filings, and distribution.

When a Living Trust Makes Sense in Pennsylvania

We will be candid: revocable living trusts are oversold in Pennsylvania. Because probate here is comparatively simple and inexpensive, the trust that is nearly mandatory in a probate-heavy state is often unnecessary for a Pennsylvania family whose main assets are a home, retirement accounts, and bank accounts. A revocable trust also does not avoid Pennsylvania inheritance tax, a point that surprises many people sold a trust as a tax shelter.

That said, a living trust is the right tool in specific situations:

  • You own real estate in another state and want to avoid a second, ancillary probate there
  • You want privacy, since a probated will becomes a public record and a trust generally does not
  • You want seamless management of assets during incapacity without relying solely on a power of attorney
  • You have a blended family, a beneficiary with special needs, or heirs who need distributions staged over time

Our living trust lawyers will tell you plainly whether a trust adds value in your situation or whether a will-based plan does the same job for less.

Updating Your Estate Plan After Divorce

Pennsylvania gives divorcing spouses a safety net: under 20 Pa.C.S. § 2507, provisions in your will in favor of your spouse become ineffective once you divorce, and even during a pending divorce once grounds have been established, unless the will says the gift should survive. The rest of the will stays valid.

Do not rely on that statute alone. It does not rewrite who inherits in place of the ex-spouse, it does not reach every asset, and beneficiary designations on employer retirement plans governed by federal law can still pay a former spouse if never updated. After a separation or divorce, the safer course is a new will, new powers of attorney naming new agents, and a fresh designation on every account and policy.

Serving Philadelphia from 2 Penn Center

Our Philadelphia office is at 1500 JFK Boulevard, 2 Penn Center, Suite 620B, Philadelphia, PA 19102, directly across from City Hall and steps from Suburban Station. We also meet clients at our Feasterville, Doylestown, and Norristown offices, so families in Philadelphia, Bucks, and Montgomery Counties can plan close to home. Contact us or call (215) 942-2100 to get started.

Frequently Asked Questions

What documents should every Pennsylvania adult have?

At minimum: a will, a durable financial power of attorney, and a health care power of attorney with living will. These cover death, financial incapacity, and medical incapacity. Trusts, beneficiary planning, and tax strategies are added based on your assets and family situation.

What is the Pennsylvania inheritance tax rate?

The rate depends on who inherits: 0% for a surviving spouse and charities, 4.5% for children, grandchildren, and parents, 12% for siblings, and 15% for other beneficiaries. Life insurance paid to a named beneficiary is exempt, and paying within three months earns a 5% discount.

Does a will avoid probate in Pennsylvania?

No. A will is instructions for probate, not a way around it. However, Pennsylvania probate is simpler and cheaper than in many states, and estates with $50,000 or less in personal property may qualify for a small estate petition under 20 Pa.C.S. § 3102.

Do I really need a living trust in Pennsylvania?

Often no. Because Pennsylvania probate is relatively inexpensive, many families do fine with a will-based plan. A trust earns its cost when you own out-of-state real estate, want privacy or incapacity management, or need to stage distributions for blended families or vulnerable beneficiaries.

What happens to my will if I get divorced?

Under 20 Pa.C.S. § 2507, provisions favoring your ex-spouse become ineffective at divorce, and in some cases while a divorce is pending once grounds are established. The statute is a backstop, not a plan: you should sign a new will and update every beneficiary designation.

What happens if I die without a will in Pennsylvania?

Pennsylvania’s intestacy statutes in Title 20 decide who inherits, splitting your estate among your spouse and relatives by formula. The result often surprises families, especially blended ones, and the court appoints an administrator you never chose. A will replaces that formula with your actual wishes.

How often should I update my estate plan?

Review it every three to five years and after any major life event: marriage, separation or divorce, a new child or grandchild, a death in the family, a significant change in assets, or a move into or out of Pennsylvania.

Do you handle estate planning outside Philadelphia?

Yes. In addition to our 2 Penn Center office in Center City, we meet clients in Feasterville, Doylestown, and Norristown, serving Philadelphia, Bucks, and Montgomery Counties. Call (215) 942-2100 to schedule at the location most convenient for you.

Attorney advertising. This page provides general information about Pennsylvania law and is not legal advice. Every situation is different. Consult a licensed Pennsylvania attorney about your specific circumstances.