Common Misconception
The most common misconception that surrounds a Last Will is the process called Probate and the seemingly universal assumption that it should be avoided at all costs. Virtually to the contrary, the word Probate is merely the Latin infinitive verb that means to prove. Although some states do have onerous probate procedures (where the avoidance of probate may be a prudent strategy), Pennsylvania does not. In fact, probating your Last Will in Pennsylvania is very simple.
Common Misconception
Another common misconception that surrounds a Last Will is that it disposes of all of your assets at your death. Again, and virtually to the contrary, is the fact that your Last Will only disposes of your assets (1) that are owned in your name alone and (2) that have no beneficiary designation. Consequently, items owned jointly with another, such as joint bank accounts, will be controlled by property law (and not by the laws governing Last Wills), and will pass to those joint owner(s) at your death. Items that have individual beneficiary designations, such as life insurance policies, will be controlled by contract law (and not by the laws governing Last Wills), and will pass to those individual designated beneficiaries at your death.
John B. Whalen, Jr., J.D., LL.M. is an
AV Peer Review Attorney and Counselor at Law and a member of the
Bar Register of Preeminent Lawyers. He has had his legal articles published on the Martindale.Com website and his law blogs published on the Lawyers.Com website.
John concentrates his legal practice solely in the areas of
Estate Law,
Estate Planning,
Estate Administration,
Executor Representation,
Probate, Ancillary Probate,
Last Wills, Decedents Estates,
Powers of Attorney, Advance Directives, Trust Law,
Living Wills,
Fiduciary Law,
Inheritance,
Inheritance Tax, Trusts and Estates, Trust Administration, Cemetery Law, Tax Law, Estates Taxation, and
Estate Planning for Unmarried Couples.
John serves, and has served, individuals and attorneys in the Southeastern Pennsylvania Metropolitan Area (and throughout the country), including Chester County Pa, Delaware County Pa, Lancaster County Pa, Montgomery County Pa, and Philadelphia County Pa.
John has served clients in Ambler Pa, in Ardmore Pa, in Aston Pa, in Berwyn Pa, in Blue Bell Pa, in Bridgeport Pa, in Broomall Pa, in Bryn Mawr Pa, in Chadds Ford Pa, in Chesterbrook Pa, in Chester Heights Pa, in Chester Springs Pa, in Coatesville Pa, in Collegeville Pa, in Conshohocken Pa, in Devon Pa, in Downingtown Pa, in Drexel Hill Pa, in Eagleville Pa, in Easttown Pa, in Elkins Park Pa, in Exton Pa, in Frazer Pa, in Great Valley Pa, in Haverford Pa, in Havertown Pa, in Jeffersonville Pa, in Kennett Square Pa, in King of Prussia Pa, in Lansdale Pa, in Limerick Pa, in Linfield Pa, in Linwood Pa, in Lower Merion Pa, in Malvern Pa, in Media Pa, in Narberth Pa, in Newtown Square Pa, in Norristown Pa, in Oaks Pa, in Overbrook Pa, in Paoli Pa, in Parkesburg Pa, in Phoenixville Pa, in Plymouth Meeting Pa, in Pottstown Pa, in Radnor Pa, in Ridley Park Pa, in Rosemont Pa, in St. Davids Pa, in Springfield Pa, in Strafford Pa, in Swarthmore Pa, in Thorndale Pa, in Tredyffrin Pa, in Trooper Pa, in Upper Merion Pa, in Valley Forge Pa, in Villanova Pa, in Wayne Pa, in West Chester Pa, in Westtown Pa, in Whitemarsh Pa, in Willistown Pa, in Wynnewood Pa, and in Yeadon Pa.