Pittsburgh

 Estate Planning Attorneys

45+ Years of Helping Clients Plan for Their Futures in Armstrong, Allegheny, Beaver, Washington, Butler, Westmoreland Counties

Herb & Winters Law has practiced estate planning in Pittsburgh and Allegheny County for more than 45 years. The firm's attorneys handle the full range of estate planning services: wills, revocable and irrevocable trusts, powers of attorney, guardianships, Medicaid planning, and probate administration. When a plan fails or a family dispute arises, the firm handles will contests, trust litigation, and probate litigation in the Allegheny County Court of Common Pleas Orphans' Court Division.

Estate planning in Pennsylvania is shaped by state-specific rules that do not apply everywhere else, including Pennsylvania's inheritance tax structure, its approach to intestate succession under Title 20 of the Pennsylvania Consolidated Statutes, and Medicaid asset protection strategies governed by Pennsylvania's Medicaid rules. Getting these details right matters as much as drafting the documents themselves.

Call (412) 533-4821 or contact Herb & Winters Law online for a full range of estate planning services in the Pittsburgh area today.

Estate Planning Under Pennsylvania Law

Wills and intestate succession in Pennsylvania

A valid will in Pennsylvania must comply with 20 Pa. C.S. § 2502, which requires the testator to be at least 18 years old, of sound mind, and the will to be signed and witnessed. Dying without a will triggers Pennsylvania's intestate succession rules under 20 Pa. C.S. § 2101, which distributes your estate to heirs in a fixed order regardless of your actual wishes. For families with blended households, minor children, or assets titled in ways that conflict with verbal arrangements, intestacy produces results that most people would not choose. A well-drafted will eliminates that uncertainty.

Herb & Winters Law prepares simple wills, pour-over wills, and testamentary trust wills for clients across Allegheny, Butler, Beaver, Washington, Westmoreland, and Armstrong counties. The firm also handles contested estates in situations where a will's validity is in dispute.

Trusts, powers of attorney, and guardianship

Revocable living trusts allow assets to pass outside of probate and give the grantor continued control during their lifetime. Irrevocable trusts serve different purposes, including asset protection, estate tax planning for larger estates, and structuring inheritances for beneficiaries who cannot manage assets independently. Pennsylvania's Uniform Trust Act, codified at 20 Pa. C.S. § 7701 et seq., governs trustee duties, beneficiary rights, and trust modification procedures.

A durable financial power of attorney and a healthcare power of attorney are the two documents that most often determine what happens when someone becomes incapacitated without a clear plan in place. Without these documents, families may need to petition the Allegheny County Court of Common Pleas for guardianship, a process that is more time-consuming and expensive than executing the documents in advance. The firm drafts both.

Medicaid planning and long-term care

Nursing home care in the Pittsburgh area costs upward of $10,000 per month. Pennsylvania Medicaid eligibility for long-term care is governed by the Pennsylvania Department of Human Services, and the rules include a five-year look-back period for asset transfers, specific exempt asset categories, and spousal impoverishment protections. Planning early expands available options significantly. Planning after a crisis is still possible but operates under tighter constraints.

Herb & Winters Law advises clients on Medicaid-compliant asset protection strategies, including the proper use of trusts, annuities, and spend-down planning. These strategies must be structured within the specific rules Pennsylvania applies, not generic guidance from other states.

Pennsylvania Inheritance Tax: What Pittsburgh Families Need to Know

Pennsylvania is one of the few states that imposes an inheritance tax on the recipients of a deceased person's assets. Under 72 P.S. § 9101 et seq., the tax rate depends on the relationship between the deceased and the beneficiary: 0% for surviving spouses and charities, 4.5% for direct descendants (children, grandchildren), 12% for siblings, and 15% for all other heirs. These rates apply to most transfers of Pennsylvania property, including real estate, bank accounts, and investments.

Proper estate planning can reduce inheritance tax exposure through the strategic use of jointly held assets, trusts, and lifetime gifting. The firm's attorneys advise Pittsburgh clients on structuring their plans to minimize the tax impact on their heirs within the boundaries Pennsylvania law permits.

Probate and Estate Litigation in Allegheny County

Probate in Allegheny County begins at the Register of Wills Office, where the executor is formally appointed and the estate is opened. The Orphans' Court Division of the Allegheny County Court of Common Pleas handles contested matters, including will contests, accountings, and disputes over fiduciary conduct. The timeframe for a routine estate administration depends on creditor claims, asset complexity, and tax obligations, but most uncomplicated estates in Pennsylvania can be closed within twelve to eighteen months.

When a will is challenged on grounds of undue influence, lack of testamentary capacity, or fraud, or when a trustee has mismanaged trust assets, the firm handles probate litigation from initial filing through Orphans' Court resolution. These cases require knowledge of both Pennsylvania fiduciary law and the procedural rules of the Allegheny County court system.

Serving Pittsburgh and the Surrounding Counties

Herb & Winters Law serves clients in Allegheny County, including Pittsburgh, Carnegie, and the North Hills, as well as Armstrong, Beaver, Butler, Washington, and Westmoreland counties. The firm operates from offices in Pittsburgh and Carnegie and has represented individuals, families, and fiduciaries across western Pennsylvania for more than four decades. Call (412) 533-4821 or contact the firm online to schedule a consultation.

Call (412) 533-4821 or contact Herb & Winters Law online for a full range of estate planning services in the Pittsburgh area today.

Our Estate Planning Process in Pittsburgh

When you reach out to us about planning your estate, we follow a clear, step-by-step process designed to make complex decisions more manageable. We begin with an initial consultation where we listen to your goals, family circumstances, and concerns about issues such as taxes, long-term care, or potential disputes. From there, we work with you to identify which documents and strategies are appropriate for your situation, whether you are just getting started or updating an existing plan after a life change.

After we have agreed on a direction, we draft customized documents and review them with you in detail to ensure they reflect your wishes and comply with Pennsylvania law. We also discuss how your estate plan interacts with non-probate assets, such as retirement accounts and life insurance, so your beneficiary designations are aligned with the rest of your plan. When you are ready to sign, we supervise the execution of the documents and provide guidance about how to store them and who should know where they are kept. Our goal is to make sure that, when your loved ones need these documents, they are complete, current, and easy to locate.

Guardianships in Pennsylvania

Guardianship is also an important estate planning matter that may require the help of an attorney. Recall that a legal guardian has important responsibilities pertaining to the management of estate property handed down to the ward (the person in the care of their guardianship). 

Families often consider guardianship when a minor receives property through an inheritance or personal injury settlement, or when an adult loved one becomes unable to manage finances or personal decisions because of illness, injury, or disability. In Pennsylvania, the court must determine that a guardianship is necessary and that no less restrictive alternative is available, which is why it is helpful to speak with counsel before you file. We can help you understand whether a limited guardianship, a plenary guardianship, or another arrangement may be appropriate for your situation.

When you work with our firm on a potential guardianship in Allegheny County or neighboring counties, we can explain the paperwork that must be filed, what to expect at the hearing, and the ongoing reporting obligations to the Orphans’ Court. Guardians are accountable to the court, so it is important to understand record-keeping and decision-making duties in advance. Taking time to set up the right structure can protect the vulnerable person while also giving the guardian clear guidance.

Unless the property is distributed or sold, the guardian appointed by the court has the right to: 

• maintain and administer each real and personal asset of the minor to which their appointment extends;
• collect the rents and income from those properties;
• make all reasonable expenditures necessary to preserve it.

Additionally, whenever the court finds it in the best interests of the minor, a guardian may:

• sell at public or private sale, pledge, mortgage, lease, or exchange any real or personal property of the minor;
• grant an option for the sale, lease, or exchange of any such property;
• join with the spouse of the minor or ward in the performance of any of the foregoing acts with respect to property held;
• release the right of the ward in the property of their spouse and join in the deed of the spouse on behalf of the minor.

Powers of Attorney (POA)

A power of attorney is a legal document that gives legal authority to a named “agent” or “attorney-in-fact” to make decisions on your behalf if you become incapacitated. You can also set the amount of power that person possesses in dealing with your personal and financial matters. Most people appoint a spouse, adult child, relative, trusted friend, or an attorney as their agent. 

Under Pennsylvania law, powers of attorney must include specific statutory notices and acknowledgments to be valid, and financial institutions in Pittsburgh often review these documents closely before accepting them. We help clients think through who to appoint, what powers to grant, and when those powers should begin. For example, some people prefer a durable power of attorney that becomes effective immediately, while others choose a springing power of attorney that only becomes effective if a doctor certifies incapacity.

Many individuals also coordinate their financial power of attorney with a separate healthcare power of attorney and living will, so that trusted decision-makers are clearly identified for both money matters and medical choices. We can review your existing estate plan to ensure your documents work together and reflect your current wishes. Taking these steps in advance can spare your family from having to seek a court-appointed guardian if you become unable to act for yourself.

There are several types of POAs you may create, and our firm helps with the following:

• Healthcare Power of Attorney: Details important healthcare decisions that can be made on your behalf such as consenting to or denying medical treatments, diagnostic procedures, and services.
• Financial Power of Attorney: Details important financial decisions that can be made on your behalf such as paying bills, accessing bank accounts, and managing other types of financial affairs.
• General Power of Attorney: Grants broad powers over your affairs including all matters related to your financial affairs, buying and selling property, entering into contracts, hiring and firing employees, making investments, and filing taxes.
• Special Power of Attorney: Grants limited powers over your affairs to the agent such as the power to act with respect to a single transaction, to specific kinds of transactions, or to act within a set period of time.

Learn more about how we can help you create and execute a power of attorney here.

Medicaid Planning

One of our firm’s more unique services is Medicaid planning. The cost of nursing home care continues to increase across the country. If you qualify for Medicaid long-term care benefits, the financial burden could be significantly improved and potentially save you thousands of dollars each month. We can help you determine your eligibility for Medicaid, as well as help you protect your assets by analyzing whether certain exemptions apply. 

Generally, the government requires that you spend almost all your money before providing you with Medicaid for long-term care; however, our attorneys can examine your eligibility for certain exemptions, thereby assisting you in asset protection while still qualifying for Medicaid long-term care benefits.

Medicaid rules are complex, and they differ from general estate tax planning, so it is important to begin the conversation before a crisis occurs. In many cases, we work with individuals and couples in Pittsburgh to review income, assets, and family circumstances and then outline possible strategies that comply with Pennsylvania and federal regulations. We can also help you understand how transfers, gifts, and the five-year look-back period might affect eligibility so you can avoid costly mistakes.

For families with a spouse who will remain at home, planning is also aimed at preserving enough income and resources for the “community spouse” while still pursuing Medicaid coverage for nursing home care. Our goal is to help you evaluate available options and decide which approach fits your priorities. When needed, we coordinate Medicaid planning with your broader estate plan so your documents are consistent and up to date.

How Pennsylvania Estate Laws Affect Your Plan

Estate planning in Pennsylvania is shaped by state-specific rules that determine how property passes, what taxes may apply, and how courts supervise estate administration. Understanding these rules in advance helps you decide whether to rely on a will alone or to incorporate tools like trusts, beneficiary designations, and lifetime gifts. Because we have been serving clients in Pittsburgh and the surrounding counties for decades, we are familiar with how local courts apply these laws in real-world situations.

Pennsylvania has an inheritance tax that can apply to transfers at death, and the rate depends in part on who receives the property. We can walk you through how these taxes may affect your beneficiaries and whether certain planning choices could reduce the burden on your family. We also help clients understand which assets are considered part of the probate estate and which may pass directly to a named beneficiary, so you can coordinate your planning across accounts, real estate, and business interests.

Frequently Asked Questions

When Should I Start Estate Planning?

It is usually a good idea to start estate planning once you have any property, children, or specific wishes about medical care. Major life events such as marriage, divorce, the birth of a child, or buying a home are natural times to put a plan in place. Even a basic will, power of attorney, and healthcare directive can provide important protection if something unexpected happens. Your plan can always be updated as your life, assets, and priorities change.

How Often Should I Update My Estate Plan?

Most people review their estate plan every few years or after a significant change in their life or finances. Examples include moving to or from Pennsylvania, changes in relationships, receiving an inheritance, or starting or selling a business. Regular reviews help ensure that your documents reflect current law and your current wishes. If you are unsure whether a change in your circumstances affects your plan, a brief review can give you clarity.

Do All Estates Have to Go Through Probate in Pennsylvania?

Not every estate will go through the full probate process, but many will have at least some interaction with the local Orphans’ Court and Register of Wills. Certain assets, such as jointly owned property with right of survivorship or accounts with designated beneficiaries, may pass outside of probate. Small estates may also qualify for simplified procedures in some situations. A review of how your assets are titled can help you understand what probate may look like for your family and whether additional planning would be helpful.

What Happens If I Die Without a Will in Pennsylvania?

If you die without a will, Pennsylvania’s intestacy laws determine who receives your property, and the result may not match your preferences. The statute sets out an order of priority based on family relationships, such as whether you leave a spouse, children, or other relatives. Without written instructions, you also lose the opportunity to name guardians for minor children or to choose who will administer your estate. Putting a will in place gives you more control and can make the process easier for those you leave behind.

Can I Write My Own Will Without a Lawyer?

Pennsylvania law does not require you to use a lawyer to write a will, but wills must meet certain legal requirements to be valid. Homemade documents can create confusion or be difficult to interpret, especially if the language is unclear or if the document does not address all of your property and wishes. Errors may not become apparent until after death, when they are harder to correct. Many people choose to have their documents prepared and reviewed so they can feel more confident that their instructions will be followed.

Call Our Pittsburgh Estate Attorneys Near You

In short, Pittsburgh estate attorneys at Herb & Winters Law can assist you with a variety of services. Be proactive and schedule a consultation today with a Pittsburgh estate attorney at Herb & Winters Law so that you can start getting answers to your legal questions. 

Call (412) 533-4821 or contact our firm online for more information.