Legal Question in Wills and Trusts in Pennsylvania

Do not use a will from Staples or any other commercially available form. Such wills do not begin to address issues the people have, no matter what their health or age. It is also vital to follow required legal procedures in the signing, witnessing, notarizing, and additional affidavits that should be part of the will. Without those, the will may not be valid, or it may not be accepted for probate, thus defeating the purpose of having a will.

The first legal priority should be for her to have an Advance Health Care Directive with appointment of a health care agent to advocate for her treatment desires, and a General Power of Attorney so that someone may manage her financial and other affairs should she be unable to do those herself.

Before she transfers any assets, with your mother's potential needs for medical and other services, she should be consulting with an Elder Lawyer [no matter what age she is] and/or a lawyer who specializes in Social Security and other government benefits.

Although she may write a will before such a consultation and planning, she should have a better understanding of what she would like to accomplish with the will and how to do so.

You should also help her to put together a "book" that lists all of her investments, bank accounts, safe deposit boxes, insurance policies, pension plans, 401(k)s, IRA accounts, etc. It should also list all of her doctors and advisers of any kind and their contact information. If she has online accounts, include the URLs and her log-in information [if she will permit you to access it now]. Go through every possible asset, and don't forget liabilities - credit cards, store accounts, and so on, so that you will be able to help her with the financial management if she needs it, and you will be better prepared to administer her estate when she passes.

I wish her the best life she may have during her remaining time.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I echo the sentiments of Attorney Jacobson. Since neither I nor any other attorney has seen the will from Staples, let alone discussed your mother's financial situation and estate planning goals with your mother, we are not in a position to comment on them or give you advise. Use these at your own risk.

A will, if printed or typed, has to be witnessed by 2 people who are not related to your mother. To be self-proving (meaning that the witnesses do not need to come to testify at the time of death when the will is probated), then your mother (called the testatrix since she is the one making the will) and the 2 witnesses should all sign the will in front of each other and in front of the notary. PA has a unique requirement that the will be signed at the end.

A will may or may not be right for your mother's situation. If she has alot of assets, she may want a revocable living trust. She will also need a durable power of attorney for finances, a durable power of attorney for health care and a living will or, as it is called in some places, an advance directive.

The best course of action will be for your mother to see an elder law or estate planning attorney and have all these documents prepared for her.