Spring Cleaning Your Legal Affairs: Why May Is the Perfect Time to Review Your Estate Plan in Pennsylvania
Every May in Lebanon, Pennsylvania, people pull out the ladders, air out the closets, and tackle the tasks they put off all winter. But one of the most important kinds of spring cleaning rarely makes the list: reviewing an estate plan.
At Henry & Beaver, LLP, our estate planning attorneys in Lebanon, PA, have seen firsthand how much life can shift between signings. If your will, power of attorney, or other estate documents haven’t been looked at in a few years, this is the right time to change that.
Below, we walk through the life events and Pennsylvania-specific rules that most often make an update necessary and what that review looks like when you work with our team.
Five Life Events That Mean Your Estate Plan Needs Attention
The American Bar Association recommends reviewing estate planning documents after any major life change. In our experience working with families across Lebanon County, these are the ones that come up most.
1. Marriage or Divorce
Pennsylvania law automatically revokes certain provisions after a divorce but not all of them. Marriage can unintentionally disinherit children from a prior relationship if documents aren’t updated. We’ve seen this catch families completely off guard. Don’t assume the law fixes it for you.
2. Birth or Adoption of a Child
A child born after your will was signed may have rights as a pretermitted heir under Pennsylvania law. That can override your stated intentions. Updating the documents is the only way to be sure your plan holds.
3. A Death in the Family
If a named beneficiary or executor has passed away, your documents need immediate attention. A will that names a deceased executor can stall the entire estate administration process and add real stress for your family.
4. Buying or Selling Property in Lebanon County
Real estate is often the largest asset in an estate. How a property is titled, whether as joint tenants, tenants by the entirety, or tenants in common, directly affects what happens to it after you pass. If you’ve purchased a home, sold land in the surrounding townships, or refinanced recently, your estate plan may need to catch up.
Our real estate attorneys work with families across Lebanon County to make sure property transfers are made correctly and without unnecessary probate. If you’ve purchased a home, sold land in the surrounding townships, or refinanced recently, your estate plan may need to catch up.
5. Changes in Business or Finances
Starting a business, receiving an inheritance, or taking on significant debt all create planning needs that an older estate plan may not address. We work with business owners throughout Lebanon and the surrounding communities to make sure their documents reflect where things actually stand.
Pennsylvania-Specific Rules That Often Surprise People
A few things about Pennsylvania estate law catch people off guard, especially those who moved here from another state.
Pennsylvania has an inheritance tax. Unlike most states, it taxes transfers at death even when property passes to family. Spouses are exempt. Children and grandchildren pay 4.5 percent. Siblings pay 12 percent. Everyone else pays 15 percent. The right account structures and beneficiary designations can significantly reduce that burden.
Pennsylvania also requires wills to be signed in the presence of two witnesses. Documents executed in another state or signed incorrectly may not hold up here without additional steps. If you’re unsure whether your will meets current requirements, a review is a straightforward way to ensure it does.
What an Estate Plan Review With Us Looks Like
Most clients tell us they’re surprised by how manageable the process is. When you sit down with our estate planning attorneys, the conversation typically covers:
• Whether your named beneficiaries and executors are still the right people
• Whether your real property is titled correctly
• Whether your power of attorney documents reflect your current wishes and relationships
• Whether your health care directive still aligns with your medical preferences
• Whether your plan accounts for the current Pennsylvania inheritance tax law
• Whether a trust or other structure might serve you better than a standalone will
Our goal isn’t to rewrite everything. It’s to make sure what you have still works.
What Happens to Real Property in Lebanon When There Is No Updated Plan
Real estate is where estate planning gets complicated fast. If a property owner in Lebanon County dies without a current will or a properly titled deed, the property may have to go through the full probate process before it can be transferred to heirs. That takes time, money, and court involvement.
Worse, if the will names a co-owner who has since died, or if the deed was never updated after a divorce or remarriage, the property’s transfer can become a legal tangle that drains the estate and strains family relationships.
The real estate attorneys at Henry & Beaver, LLP in Lebanon, PA, help clients address these issues before they become problems. Learn more about how the firm handles real estate law matters in Lebanon and the surrounding areas.
Let’s Talk
Whether your estate plan is five years old or five months old, spring is a good reason to sit down and take a look. Life changes. The law changes. Your plan should too.
We’ve been part of the Lebanon legal community for generations, and we serve individuals and families across Lebanon, Palmyra, Annville, Jonestown, and the surrounding region. Our attorneys know these communities because we live and work here too.
To schedule a review of your estate planning documents, call (717) 274-3644. You can also visit our website to learn more about the team and what they can do for you and your family.
Frequently Asked Questions
How often should I review my estate plan in Pennsylvania?
We recommend revisiting your estate plan every three to five years, and after any major life event. Pennsylvania’s inheritance tax rules and witness requirements make staying current especially important.
What do real estate attorneys in Lebanon, PA, do as part of estate planning?
We help make sure property is titled correctly so it transfers the way you intend. That means reviewing deeds, advising on joint ownership structures, and coordinating with your estate planning documents so real property doesn’t create unnecessary probate complications down the road.
Does Pennsylvania have an estate tax?
Pennsylvania doesn’t have a state estate tax, but it does have an inheritance tax. Rates range from 4.5 percent for children to 15 percent for unrelated individuals. Proper planning can significantly reduce this burden.
Is a will from another state valid in Pennsylvania?
Generally, yes, if it was valid where it was signed. But Pennsylvania has specific execution requirements, and some provisions may interact with state law unexpectedly. If you moved here from another state, we recommend a review.
What happens if I die without a will in Pennsylvania?
Pennsylvania’s intestacy laws distribute your assets according to a statutory formula that may not match your wishes. Blended families, unmarried partners, and close friends you’d like to provide for can be left out entirely.
How long does probate take in Pennsylvania?
Simple estates can wrap up in several months. Larger or contested estates may take a year or more. Keeping your documents current and naming the right executor can significantly reduce the time and expense involved.
Can Henry & Beaver, LLP help with both real estate and estate planning?
Yes. We handle both practice areas for clients across Lebanon and the surrounding communities, so you don’t have to coordinate between separate offices. Call us at (717) 274-3644 to get started.
About the Author
Heather A. Eggert | Attorney, Henry & Beaver LLP
Lebanon, PA | Personal Injury, Criminal Defense, Family Law & Civil Litigation
Heather A. Eggert joined Henry & Beaver LLP in 2012. She works in a broad range of practice areas, including criminal law, personal injury, general civil litigation, and family law. She is a member of the American, Pennsylvania, and Lebanon County Bar Associations and is admitted to practice in Pennsylvania. Born and raised in Lebanon, Attorney Eggert is the former President of the Lebanon County Bar Association and is a member of the board of directors of the Lebanon Federal Credit Union. She volunteers with various community and civic organizations, including the Kiwanis Club of Lebanon, the Community of Lebanon Association, PROBE (Potential Reentry Opportunities in Business & Education), and F.O.R.E. (Female Offenders Reentry Program).
Attorney Eggert was the 2016 William H.G. Warner Pro Bono Award Winner for all her pro bono work and service in her community. She was selected as a Super Lawyer: Rising Star in the area of personal injury law for 2020, 2021, 2022, and 2023. Attorney Eggert continues to combine her legal experience with a strong sense of community involvement, delivering thoughtful representation to those she serves.