Updating a Will Before Fall in Pennsylvania

Late summer can be a practical time for Pennsylvania families to review a will before school schedules, holiday travel, and year-end commitments fill the calendar. A will should reflect your current family relationships, property, beneficiaries, and choices for the people who may manage your affairs.

A review does not always require a new will. You may need a focused codicil, a replacement will, or coordinated updates to beneficiary designations, powers of attorney, health care documents, trusts, deeds, or business agreements. The goal is to make sure each part of your estate plan supports the same instructions.

Why Review a Will Before Fall? Updating a Will Before Fall in Pennsylvania

Fall often changes household routines. Children return to school, college students leave home, families plan travel, and business owners begin year-end planning. Reviewing a will before that transition can give you time to gather records, speak with the people named in your documents, and address questions before the calendar becomes crowded.

Seasonality is not a legal requirement. A will does not become outdated when summer ends. A pre-fall review simply gives you a clear date to confirm that the plan still matches your life.

A calendar reminder does not change the law. It gives you a practical reason to confirm that your estate plan still reflects your wishes.

Read the complete will, not only the signature page. Compare it with current account statements, beneficiary forms, deeds, insurance policies, trusts, and business records.

Pennsylvania Life Changes That May Affect a Will

Family, financial, health, and property changes can affect whether an existing will still carries out your intentions. Review your documents after events such as:

  • Marriage, divorce, separation, or remarriage
  • The birth or adoption of a child or grandchild
  • The death, disability, or incapacity of a beneficiary
  • The death or unavailability of an executor, guardian, or trustee
  • A child reaching adulthood
  • A move into or out of Pennsylvania
  • The purchase or sale of a home or other major property
  • Starting, buying, or selling a business
  • A substantial change in savings, investments, debt, or insurance
  • A change in charitable goals or family relationships

These events can require different responses. Pennsylvania law addresses how divorce, marriage, birth, and adoption can affect a will. An attorney can review how those rules apply to your documents and circumstances.

Professionalism is the Word

I highly Recommend Gibson & Perkins.  I have used their services for approximately 6 years now and been through a few cases together with very positive outcomes.  Personally, I have used Paul Fellman and Walter Timby on those occasions.  Both, as a team & separately these Attorneys were wonderful to work with and easily accessible to reach if I had any questions.  Professionalism is the word that comes to mind to describe the firm, as a whole.  Always completely prepared for any surprises that may pop up during a trial.  They were well versed on all pertinent info pertaining to each case.  As I client, I always felt I was an integral part of the team, not an after-thought, that had to be brought up to speed a half hour before the trial started.  I could not recommend this firm and Mr. Fellman and Mr. Timby any higher.
Maria Twining

Very Satisfied

I hired Paul Fellman after speeking to several different lawyers from different law firms because he was the most sincere. Paul did an excellent job on my landlord tenant issue I had on my rental property. He was there for me from the beginning to the end of the whole ordeal. I was very satisfied and I highly recommend him and his firm.

Alan Cheung

Review the People Named in Your Will

A will may name an executor, guardians for minor children, trustees for trusts created under the will, beneficiaries, and alternate choices for several roles.

Ask whether each person remains willing, available, and capable of serving. An executor may need to locate assets, manage estate accounts, address debts and taxes, communicate with beneficiaries, and complete court or tax filings. A person selected years ago may now live far away, have health concerns, or no longer fit the role.

Parents should also reconsider guardian nominations as children grow. Schooling, sibling relationships, location, health, and family circumstances may affect the choice. Naming an alternate can help if the first nominee cannot serve.

Learn more about the firm’s estate planning services:
https://www.gibperk.com/estate-planning-attorneys-in-media-pa/

Confirm Who Receives Property and How

Review every gift, percentage, and beneficiary name in the will. Confirm that names are accurate, relationships are described correctly, and alternate beneficiaries are included where appropriate. Pay close attention to what happens if a beneficiary dies before you.

The distribution method also matters. An outright gift may fit one adult beneficiary but not another. A trust may be more suitable for a minor, a person with a disability, a beneficiary with creditor concerns, or someone who needs long-term management support.

Families planning for a loved one with a disability should review how an inheritance may affect eligibility for means-tested public benefits and whether a special needs trust or another structure fits the plan.

Read the firm’s special needs planning article:
https://www.gibperk.com/estate-planning-for-a-loved-one-with-special-needs/

Specific gifts of personal property can become outdated when items are sold, replaced, or moved. An attorney can explain whether a separate personal property memorandum or another planning method may be available for your situation.

Review Assets That May Pass Outside Your Will

A will may not control every asset you own. Some property can pass through a beneficiary designation, joint ownership arrangement, trust, transfer-on-death instruction, or payable-on-death instruction.

Review these records alongside the will:

  • Retirement account beneficiary forms
  • Life insurance beneficiary designations
  • Transfer-on-death or payable-on-death accounts
  • Jointly owned bank and investment accounts
  • Real estate deeds
  • Trust-owned property
  • Business ownership and succession agreements

When a will leaves an account to one person but the account names another beneficiary, the account designation may control the transfer. Similar issues can arise when a deed includes survivorship rights or when an asset has been transferred to a trust.

Title language can affect who owns real estate after death. Read the firm’s discussion of transferring property to heirs:
https://www.gibperk.com/media-estate-planning-attorney-discusses-getting-your-property-to-your-heirs/

Review Powers of Attorney and Health Care Documents

A will generally addresses property after death. It does not give another person complete authority to manage financial or medical matters during your lifetime.

Use the will review to check your durable financial power of attorney, health care power of attorney, advance directive, and living will. Confirm that the named agents remain suitable and that their contact information is current.

Review whether the financial power of attorney addresses your present assets, business interests, tax matters, real estate, insurance, and digital property. Confirm that your health care documents reflect your current treatment preferences and name the people you trust to make decisions.

Read the firm’s discussion of incapacity planning:
https://www.gibperk.com/what-will-happens-to-your-estate-if-you-become-incapacitated/

Choose Between a New Will and a Codicil

A properly prepared codicil can amend an existing will, while a new will can replace the prior document. The better option depends on the number and significance of the proposed changes.

A codicil may fit when the existing will remains appropriate and one focused provision needs revision. A new will may provide greater clarity when the plan includes several changes, outdated names, multiple prior codicils, major family changes, or a different distribution structure.

Pennsylvania law requires a will to be in writing and signed at the end. Pennsylvania law also limits the methods used to revoke or alter a written will or codicil.

Avoid handwritten margin changes, crossed-out provisions, removed pages, or informal notes attached to a signed will. Those actions can create uncertainty about intent, execution, and validity. Ask an attorney to prepare and supervise the change.

Your attorney can also provide instructions for prior originals and copies. Keeping conflicting versions in several locations can create confusion. Destroying a document without understanding the legal effect can also cause problems.

Prepare for Your Will Review

You do not need perfect records before meeting with an attorney. A focused set of documents can make the review more productive. Gather:

  • The current will and all codicils
  • Trust documents and amendments
  • Financial and health care powers of attorney
  • Advance directives or living wills
  • Recent account and insurance statements
  • Beneficiary designation confirmations
  • Real estate deeds
  • Business ownership and succession documents
  • A general list of assets and debts
  • Legal names and contact information for proposed decision-makers
  • Notes about family, health, property, or financial changes

Identify where the original documents are stored, and make sure the appropriate decision-makers can locate them. Keep passwords and sensitive account details outside the will. Store digital access instructions in a secure location and update them separately.

Discuss the Plan With the Right People

Estate planning remains your decision, but clear communication can reduce confusion. You do not need to disclose every dollar amount or private reason. You may still choose to tell an executor that they are named, confirm that a proposed guardian is willing to serve, and explain where original documents are stored.

A carefully planned conversation may help when a plan involves a blended family, unequal gifts, a family business, shared real estate, or assets held in trust. The discussion should support the legal documents, not replace them.

Schedule a Will Review With a Media Estate Planning Attorney

A pre-fall will review can help you confirm that your will, beneficiary designations, property records, trusts, and incapacity documents support the same goals.

Gibson & Perkins, PC advises individuals and families in Media, Pennsylvania, throughout Delaware County, and in nearby Pennsylvania communities. The firm assists with wills, trusts, powers of attorney, estate administration, tax planning, real estate matters, and business succession planning. Its estate planning team includes attorneys with advanced tax degrees and attorneys who are also Certified Public Accountants.

Call (610) 557-1977

Contact the firm:
https://www.gibperk.com/contact/

This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Speak with an attorney about your specific circumstances.

Edward L. Perkins Avatar

Edward L. Perkins

Attorney Villanova Law School

Mr. Perkins has been practicing as a transactional attorney for over twenty-five years.

He is a principal shareholder in the firm and also a member of the faculty of the Graduate Tax Program of the Villanova Law School. Mr. Perkins has taken his knowledge of tax online and is the founder and president of YourOnlineProfessor.net, a Web-based provider of CPE credit for CPAs.

Areas of Expertise: Business Transactions, Real Estate, Estate Planning, Estate Administration, Tax Controversy, Commercial Litigation, Legal Malpractice, Accounting Malpractice, Orphans Court Representation Civil Appellate, Personal Injury
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