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HOF Law Group

Wills

Why Everyone Needs a Will

A will is a legal document that spells out how you want your assets distributed after you pass away. It also allows you to name guardians for your minor children, designate an executor to carry out your wishes, and make specific gifts of property or sentimental items to the people you care about.

Many people assume that wills are only for the wealthy or the elderly. In reality, anyone who owns property, has a bank account, or has people who depend on them should have a will in place. Without one, the state decides what happens to everything you leave behind — and those decisions may not reflect your wishes at all.

What Happens if You Die Without a Will in Pennsylvania

If you pass away without a valid will in Pennsylvania, your estate is distributed according to the state's intestacy laws. These rules follow a rigid formula based on family relationships, and they often produce results that surprise people:

  • If you are married with no children, your spouse receives the first $30,000 of your estate plus half of the remainder. The rest goes to your parents.
  • If you are married with children from the marriage, your spouse and children share the estate according to a statutory formula.
  • If you are unmarried with children, your children inherit everything in equal shares.
  • If you have no spouse and no children, your estate passes to your parents, then siblings, then more distant relatives.
  • Unmarried partners, stepchildren, close friends, and charities receive nothing under intestacy — regardless of how close your relationship was.

Beyond the distribution rules, dying without a will means a court will appoint an administrator to handle your estate. That person may not be someone you would have chosen. If you have minor children, the court also decides who raises them. A will gives you the power to make those decisions yourself.

What a Will Can and Cannot Do

A will can:

  • Direct how your assets are distributed after death
  • Name an executor to manage your estate
  • Appoint a guardian for your minor children
  • Make specific bequests — such as leaving a family heirloom to a particular person or a donation to a charity
  • Create a testamentary trust that takes effect upon your death to manage assets for young beneficiaries

A will cannot:

  • Control assets that pass outside of probate, such as life insurance proceeds, retirement accounts with named beneficiaries, or jointly held property
  • Avoid probate — a will must go through the probate process to be validated and enforced
  • Take effect while you are alive — for decisions during incapacity, you need a power of attorney and healthcare directive

Types of Wills

Simple Will

A simple will is the most common type. It names your executor, identifies your beneficiaries, specifies how you want your property distributed, and names guardians for minor children. For many individuals and families, a simple will — paired with powers of attorney and a healthcare directive — provides a solid foundation for an estate plan.

Pour-Over Will

A pour-over will works alongside a revocable living trust. Any assets that are not already in the trust at the time of your death are “poured over” into it. This ensures that everything ultimately passes through the trust, where it can be managed and distributed according to your detailed instructions. A pour-over will still goes through probate, but it acts as a safety net to catch assets that were not transferred to the trust during your lifetime.

Testamentary Trust Will

A testamentary trust will creates one or more trusts that come into existence only after you pass away. This is often used by parents who want to leave assets to young children but do not want them to receive a large inheritance outright at age 18. The will names a trustee to manage the funds and sets terms for when and how distributions are made — for example, releasing funds for college expenses or at certain milestone ages.

Key Components of a Well-Drafted Will

  • Executor: The person you trust to carry out the instructions in your will, pay outstanding debts, and distribute assets to your beneficiaries. Choosing a reliable executor is one of the most important decisions in the process.
  • Guardianship for minor children: If you have children under 18, your will is where you name the person you want to raise them. Without this designation, a court makes the choice.
  • Asset distribution: Clear instructions about who receives what — whether that means dividing your estate equally among your children, leaving specific amounts to certain individuals, or providing for a surviving spouse.
  • Specific bequests: Individual gifts of particular items or amounts of money. This might include leaving a piece of jewelry to a grandchild, a vehicle to a sibling, or a charitable donation to an organization you care about.
  • Alternate beneficiaries: Backup designations in case a named beneficiary passes away before you do, so your assets are still distributed according to your wishes.

When to Update Your Will

A will is not a document you sign once and forget about. Life changes, and your will should change with it. You should review and consider updating your will after any of the following events:

  • Marriage or divorce
  • Birth or adoption of a child or grandchild
  • Death of a beneficiary, executor, or named guardian
  • A significant change in your financial situation — such as buying a home, receiving an inheritance, or starting a business
  • Moving to a new state (laws vary significantly between states)
  • Changes in tax laws that may affect how your estate is handled
  • A change in your relationship with a named beneficiary

Even without a major life event, it is a good practice to review your will every three to five years to make sure it still reflects your current wishes and circumstances.

How David Helps You Through the Process

David C. Onorato takes a personal, straightforward approach to will drafting. He starts with a free consultation where he listens to your situation — your family structure, your assets, your concerns, and your goals. There is no pressure and no confusing legal jargon, just an honest conversation about what you need.

From there, David drafts a will tailored to your specific circumstances. He walks you through every provision so you understand exactly what it says and why it matters. If your situation calls for additional documents — such as a power of attorney, healthcare directive, or trust — he will recommend those as well, always explaining the reasoning behind each suggestion.

With more than 30 years of experience practicing in Pennsylvania, David understands the local probate procedures, inheritance tax rules, and the nuances that can make a meaningful difference for your family. His goal is simple: to give you peace of mind knowing that the people you love are protected and your wishes will be honored.