Legal Question in Wills and Trusts in Pennsylvania

I purchased a trust kit from Suze Orman and it says that the trust is based on California law. Is this ok for Pennsylvania residents to use?


Asked on 4/23/14, 10:31 am

2 Answers from Attorneys

No. The laws of the State of California and the Commonwealth of Pennsylvania are different in too many ways to mention.

If you use any canned documents such as these, you run the great risk of not achieving your goals and, possibly, doing something that creates a result which is the complete opposite of what you intended.

If you are in need of a trust, consulting with an experienced attorney who understands the federal and state tax laws, the Pennsylvania Uniform Trust Act and the PEF Code is the only way to go.

An attorney is not a document producer. He or she will know what questions to ask should present several ways to solve your problems. What you are paying for is knowledge and experience. Anyone can fill in a document. Look for an attorney with an LL.M in Taxation.

I have been in practice for 16 years after 4 years of law school and 1 year of additional law school receiving my LL.M in taxation. I have plenty of trust templates, but I can honestly say that in 16 years of practice, I have never just filled in the blanks of any of them. Each person is unique. No document fits everyone. In fact, no document works for any two seperate people or families.

If you would like to discuss this further, feel free to contact me, but if not please seek out the appropriate counsel.

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Answered on 4/23/14, 10:55 am

Attorney Polsky is correct. You wasted your money getting this kit. Suze Orman is not a lawyer in PA and unless your trust is going to be in CA then I would go to a legitimate PA lawyer and have this prepared.

First, you should discuss whether you even need a trust. Most people don't. Do you own multiple properties? Where are they located? In PA? In different states? Do you have more than $5 million in assets? Are you in a second or subsequent marriage with children from your first marriage and you want to make sure that (a) your spouse is provided for in event of your death but that your children stand to inherit? If the answers are yes, then maybe a trust is right for you.

But you need to talk this over with your attorney.

In addition to a will or trust, you need a financial and healthcare power of attorney and living will/advance directive.

In addition to Attorney Polsky's advice, if you are doing anything special (disinheriting someone for example) or if you have a blended family or anything other than a "simple" estate plan, then a kit is not for you. You will benefit from the wisdom and experience of an estate planning attorney.

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Answered on 4/23/14, 11:42 am


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