Legal Question in Wills and Trusts in Pennsylvania
Last will and testament
Pa is primary residence, 2nd home in NJ. For a last will do I use form compliant with Pa or do I need to do something further? This for interim use until I am able to get to attorney. I'm fine, my husband has alzheimers. Thank you.
2 Answers from Attorneys
Re: Last will and testament
If your primary residence is PA and you vote in PA, your will should comply with PA requirement. Most lawyers, including me, would tell you that it's much better to go to a lawyer than it is to use fill-in-the-blank forms. I've seen too many messed up estates because of defects or provisions that weren't intended in the forms that you can buy from a store.
The other thing to keep in mind is that the will has to be properly executed/signed, or there will be a problem down the line when it is time to probate it.
Consult an estates lawyer in your area. S/he may be able to whip one up for a reasonable fee just to cover you for now. Do not skimp, be sure to also get a Durable Power of Attorney, an Advance Health Care Directive [aka Living Will] and a Health Care Power of Attorney. These are essential for everyone to have, and if an emergency arises, it's too late.
Re: Last will and testament
A Will gets probated in the State of primary residence and, if you also have real estate in other States, ancillary proceedings will be required in those other States so the Executor can deal with the property there. Probate can avoided in all States by the creation of a living trust (revocable or irrevocable) and then transfering, by new Deeds, all real estate to this trust. Your Executor can be the trustee and, until you both pass away, you can be the sole trustee. If you need assistance or have any questions, contact me directly.