5 Important Things to Do After a Divorce in Pennsylvania

Everyday Legal Advice®. Helping Families Move Forward.

Finalizing a divorce is a major life event, but the work does not always end when the court signs the final decree. After a divorce in Pennsylvania, it is important to review your legal documents, finances, insurance, and court orders so you can move forward with confidence.

1. Update Your Estate Plan

After a divorce, review and update your will, powers of attorney, healthcare directives, trusts, and related estate planning documents. Even if Pennsylvania law affects certain provisions involving a former spouse, relying on default rules can create confusion.

Working with experienced Pennsylvania and West Virginia estate planning attorneys can help ensure your documents reflect your current wishes.

2. Review Beneficiary Designations

Beneficiary designations often control who receives certain assets, even if your will says something different. Review life insurance policies, retirement accounts, payable-on-death accounts, transfer-on-death accounts, and investment accounts.

3. Create a New Financial Plan

Divorce can change your income, expenses, taxes, and retirement goals. Review your budget, debt obligations, savings, credit report, and long-term financial plan.

4. Update Insurance and Important Accounts

Review health insurance, auto insurance, homeowners or renters insurance, employer benefits, bank accounts, and emergency contacts. Make sure joint accounts are closed or updated as required by your divorce order.

5. Understand and Enforce Your Divorce Order

Your divorce decree may include ongoing obligations involving custody, child support, alimony, property transfers, and debts. Keep copies of all court orders and document payments or compliance issues.

If your former spouse fails to follow a court order, an experienced Pennsylvania and West Virginia family law attorney can help you understand your enforcement options.

Frequently Asked Questions

What should I do first after a divorce in Pennsylvania?

Start by updating your estate plan, reviewing beneficiary designations, and organizing your divorce decree and financial records.

Do I need a new will after divorce?

In most cases, yes. Divorce is a major life event and should trigger a full estate plan review.

Can my ex-spouse still receive assets after divorce?

Possibly. If beneficiary designations or account ownership are not updated, unintended results may occur.

What if my ex-spouse violates the divorce decree?

You may be able to seek enforcement through the court depending on the terms of the order and the violation.

Contact The Skeen Firm

If you have questions about divorce, custody, support, or post-divorce legal issues, Contact The Skeen Firm today.

Call 724-250-8841.

Do You Need a Prenup in Pennsylvania? What Couples Should Know

A prenuptial agreement can help couples make clear financial decisions before marriage. While many people think prenups are only for wealthy individuals, they can be useful for business owners, professionals, parents, and anyone entering marriage with assets, debt, or future financial concerns.

In Pennsylvania, prenuptial agreements are generally enforceable when they are properly prepared, entered into voluntarily, and based on honest financial disclosure.

If you are planning to get married, a prenup can help protect property, reduce future disputes, and give both spouses a clearer understanding of their financial rights and responsibilities.

Quick Answer: Do You Need a Prenup in Pennsylvania?

You may need a prenup in Pennsylvania if you want to protect premarital assets, a business, real estate, retirement accounts, family inheritances, or children from a prior relationship.

A prenup can also help define how property, debt, and support issues will be handled if the marriage ends in divorce.

What Is a Prenuptial Agreement?

A prenuptial agreement, often called a prenup, is a written contract signed before marriage. It allows future spouses to decide how certain financial issues will be handled during the marriage or if the marriage ends.

A prenup can address property rights, debt responsibility, business ownership, inheritance protection, and in some cases spousal support or alimony.

What Can a Prenup Protect?

A Pennsylvania prenup can help protect many types of assets and financial interests, including:

• Real estate owned before marriage
• Businesses and professional practices
• Investment accounts
• Retirement accounts
• Family inheritances
• Trust interests
• Personal savings
• Children from a prior relationship
• Responsibility for premarital debt

The goal is not always to keep everything separate. Many couples use prenups to create fair expectations and reduce uncertainty.

Are Prenups Enforceable in Pennsylvania?

Yes. Prenuptial agreements are generally enforceable in Pennsylvania when they meet legal requirements.

To improve enforceability, both parties should enter the agreement voluntarily, disclose their finances honestly, and have enough time to review the agreement before the wedding.

Each person should also consider having independent legal counsel before signing.

Who Should Consider a Prenup?

A prenup may be especially helpful if one or both spouses:

• Own a business
• Own real estate
• Have significant savings or investments
• Expect to receive an inheritance
• Have children from a previous relationship
• Have substantial student loans or other debt
• Earn significantly more than the other spouse
• Want to protect family-owned property

Even couples with modest assets may benefit from a prenup if they want financial clarity before marriage.

Can a Prenup Protect a Business?

Yes. A prenup can be especially valuable for business owners.

Without a prenup, business interests acquired or increased in value during the marriage may become a major issue in divorce. A prenup can clarify whether the business remains separate property, how future growth will be treated, and whether one spouse may receive compensation for contributions to the business.

Can a Prenup Protect an Inheritance?

Yes. A prenup can help protect inherited assets and family wealth.

Although inheritances are often treated separately from marital property, problems can arise when inherited money is deposited into joint accounts, used for marital expenses, or invested in jointly owned property.

A prenup can reduce confusion by clearly stating how inherited property should be handled.

Can a Prenup Cover Debt?

Yes. Prenups can address how debt will be treated during the marriage or in the event of divorce.

This can be important when one spouse enters the marriage with student loans, credit card debt, business debt, tax obligations, or other liabilities.

A prenup can help prevent one spouse from being unfairly burdened by debt that belonged to the other spouse before the marriage.

Can a Prenup Address Alimony?

In Pennsylvania, a prenup may address spousal support or alimony rights, depending on the language of the agreement and the circumstances.

Because support provisions can have serious long-term consequences, both spouses should carefully review these terms with an attorney before signing.

When Should You Get a Prenup?

Couples should start the prenup process well before the wedding date.

Waiting until the last minute can create unnecessary pressure and may raise questions about whether both parties had enough time to review the agreement voluntarily.

Ideally, couples should begin discussing a prenup several months before the wedding.

What Happens If You Do Not Have a Prenup?

If you do not have a prenup and later divorce, Pennsylvania’s equitable distribution rules will apply.

That means a court may divide marital property and debt based on what it considers fair under the circumstances. This may include reviewing income, earning capacity, contributions to the marriage, future financial needs, and other factors.

Prenup vs. Postnup: What Is the Difference?

A prenup is signed before marriage. A postnuptial agreement, or postnup, is signed after marriage.

Both agreements can address financial rights and property issues, but the timing is different. Couples who are already married and want to clarify financial expectations may consider a postnup instead.

Frequently Asked Questions

Is a prenup only for wealthy people?

No. Prenups can benefit anyone who wants clarity about property, debt, business interests, inheritance rights, or financial expectations before marriage.

Can a prenup be challenged in Pennsylvania?

Yes. A spouse may challenge a prenup if there are concerns about fraud, coercion, lack of disclosure, or other legal issues.

Should both people have separate lawyers?

It is strongly recommended. Separate attorneys can help ensure both parties understand the agreement and enter it voluntarily.

Can a prenup decide child custody or child support?

No. Courts decide child custody and child support based on the child’s best interests and applicable law at the time of the dispute.

Can we change a prenup after marriage?

Yes. Spouses may be able to modify or replace a prenup with a written postnuptial agreement.

Protecting Your Future Before Marriage

A prenuptial agreement is not about expecting a marriage to fail. It is about planning responsibly, protecting important assets, and reducing uncertainty.

At The Skeen Firm, we help Pennsylvania clients prepare thoughtful prenuptial and postnuptial agreements tailored to their financial goals and family circumstances.

If you are considering a prenup before marriage, contact our office to schedule a consultation.

*Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Results and fee structures vary by matter and are subject to a written agreement.

Do I Need a Will in Pennsylvania? What Happens If You Don’t

Most people assume their family will “figure it out.” In Pennsylvania, that assumption can create delays, legal costs, and outcomes you did not intend.

A will is one of the most important estate planning documents you can have. It gives you a say in what happens to your property, who handles your estate, and who cares for your children if something happens to you.

Without a will, Pennsylvania law decides what happens next — not you.

What a Will Actually Does

A will gives you control over major decisions, including:

• Who inherits your assets
• Who raises your minor children
• Who manages your estate after you pass away

Without a will, your loved ones may be left navigating a more stressful and more complicated process during an already difficult time.

What Happens If You Die Without a Will in Pennsylvania

When someone dies without a valid will, that is called dying intestate. In that situation, Pennsylvania’s intestacy laws determine who inherits.

Here is the simplified version:

• If you are married with children, your spouse may not receive everything
• If you are unmarried, your assets usually pass to your closest relatives
• If no qualifying relatives can be found, your property may eventually go to the state

This often surprises families. Many people assume their spouse automatically gets everything, but that is not always how it works.

Common Misconceptions About Wills

“I do not have enough assets.”

A will is not just for wealthy families. It is about control, clarity, and protecting the people you care about.

“My spouse gets everything anyway.”

Not necessarily. Pennsylvania law may split assets differently depending on your family structure.

“I will get to it later.”

This is one of the most common reasons people never create a plan. Unfortunately, waiting often means leaving difficult decisions to the court and extra stress for your family.

When You Definitely Need a Will

You should strongly consider having a will if you:

• Have children
• Own a home
• Have savings or retirement accounts
• Want to avoid family confusion or conflict
• Want a say in who handles your affairs

Is a Will Enough?

For some families, a will is a strong first step. But a will does not avoid probate. Depending on your goals, you may also benefit from other estate planning tools like powers of attorney, healthcare directives, or a trust.

The right plan depends on your family, your assets, and what you want to make easier for the people you love.

Free Download: Pennsylvania Estate Planning Starter Checklist

Before you create a will, make sure you are not missing anything important.

• Identify the assets you need to plan for
• Decide who should be involved in your plan
• Avoid common estate planning mistakes

Get your estate plan started in 10 minutes.

Get the Free Checklist

Why Acting Early Matters

Estate planning is easier, less stressful, and more effective when you do it before a crisis. Waiting until something changes in your health or family situation can limit your options.

Even a basic plan now can save your family significant stress later.

Ready to Protect Your Family?

Start with the free checklist or schedule a discovery call to get clear, practical guidance on the next best step for your situation.

Get the Free Checklist    Schedule a Discovery Call

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Results and fee structures vary by matter and are subject to a written agreement.

Pennsylvania Prenuptial Agreements | PA Prenup Lawyer

Pennsylvania Prenuptial Agreements: What Engaged Couples Should Know

If you’re planning to get married in Pennsylvania, a prenuptial agreement can be an important part of preparing for your future together—especially if you own property, have significant assets, or run a business.

A Pennsylvania prenuptial agreement is a written contract signed before marriage that outlines how certain financial matters will be handled if the marriage ends due to divorce or death.

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How Prenuptial Agreements Work in Pennsylvania

Pennsylvania courts generally enforce prenuptial agreements when:

• The agreement is in writing and signed by both parties
• Each party entered into the agreement voluntarily
• There was full and fair disclosure of assets and debts

Pennsylvania does not require a prenup to be “fair” at the time of divorce. Because of this, informed consent and transparency at the time of signing are critical.

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Why Couples in Pennsylvania Choose Prenups

Couples often consider prenuptial agreements to:

• Protect premarital assets or inheritances
• Address business ownership or professional practices
• Clarify responsibility for debts
• Reduce uncertainty and potential conflict in the future

Starting the conversation early—well before the wedding—helps avoid unnecessary pressure and improves enforceability.

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Schedule a Prenup Discovery Call

If you’re considering a prenuptial agreement in Pennsylvania, a discovery call can help you understand your options, timing, and next steps.

Schedule a confidential discovery call

Planning ahead allows you to enter marriage with clarity and confidence.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Do Pennsylvania Families Really Need a Trust?

Many Pennsylvania families assume estate planning begins and ends with a will. While wills are important, they often don’t address one of the biggest concerns families face: probate court.

In Pennsylvania, probate is handled at the county level and can be time-consuming, public, and stressful for loved ones. That’s why more families across the state are choosing trust-based estate plans — not because they’re wealthy, but because they want control and simplicity.

How Probate Works in Pennsylvania

When someone passes away with only a will, the estate typically goes through probate, which can involve:

• Court filings and procedural steps
• Timelines that may stretch for months
• Records that are often part of the public record

A properly funded trust can help certain assets transfer outside the probate process, which may reduce delays and administrative burden for loved ones.

Why Trusts Make Sense for Pennsylvania Families

Trusts are especially helpful if you:

• Own a home in Pennsylvania
• Have minor children
• Want to reduce probate involvement
• Value privacy
• Want a plan in place for incapacity

Trust vs. Will in Pennsylvania

A will typically takes effect after death. A trust can help manage certain assets during your lifetime and provide clearer instructions for what happens next.

For a full overview of how trusts help families in Pennsylvania, West Virginia, and Ohio, see our main guide:

👉 Trusts Aren’t Just for the Wealthy: Why Families in PA, WV & OH Should Consider One

Talk to a Pennsylvania Estate Planning Attorney

Every family’s situation is different. A trust may or may not be right for you — but you won’t know without reviewing your goals, assets, and family structure.

Get Started!: Schedule a confidential estate planning consultation.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

What Does It Take to Make an Estate Plan in Ohio?

What Does It Take to Make an Estate Plan in Ohio?

Estate planning is not just for the wealthy or elderly. Under Ohio law, any adult can—and should—have a plan in place to protect loved ones, prepare for incapacity, and ensure assets are distributed according to their wishes.

On this page:

• What is an estate plan under Ohio law?
• Core estate planning documents in Ohio
• Additional planning tools
• Beneficiary designations & non-probate transfers
• Ohio-specific considerations
• How long does estate planning take?
• Do you need an estate planning attorney?
• FAQ

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What Is an Estate Plan Under Ohio Law?

An estate plan is a coordinated set of legal documents designed to:

• Direct how property is distributed after death
• Appoint trusted individuals to make financial and medical decisions during incapacity
• Provide clarity and authority under Ohio probate and guardianship laws

There is no single statute titled “estate plan.” Instead, Ohio estate planning is governed by multiple chapters of the Ohio Revised Code, each addressing a specific function.

Core Estate Planning Documents in Ohio

1) Last Will and Testament (Ohio Revised Code Chapter 2107)

A will governs how probate assets are distributed and allows you to name an executor and (if applicable) nominate a guardian for minor children.

Ohio’s basic validity rules for wills appear in R.C. 2107.02 (execution requirements) and R.C. 2107.03 (competency/age). In plain terms, a valid will must be in writing, signed, and witnessed by two competent individuals.

2) Durable Financial Power of Attorney (R.C. Chapter 1337)

A durable financial power of attorney allows someone you trust to manage financial matters if you become unable to act. Ohio’s Uniform Power of Attorney Act is codified at R.C. 1337.21–1337.64, which addresses scope of authority, agent duties, and related requirements.

Without this document, families sometimes must pursue court-supervised guardianship under R.C. Chapter 2111.

3) Health Care Power of Attorney (R.C. 1337.11–1337.17)

A health care power of attorney appoints a person to make medical decisions if you cannot communicate your wishes. Ohio authorizes health care powers of attorney under R.C. 1337.11–1337.17.

4) Living Will / Declaration (R.C. Chapter 2133)

A living will (referred to as a “declaration” in Ohio statutes) expresses your wishes regarding life-sustaining treatment in terminal or permanently unconscious conditions. Ohio’s living will framework is in R.C. 2133.01–2133.26.

Additional Estate Planning Tools

Revocable Living Trust (Ohio Trust Code: R.C. Chapters 5801–5811)

A revocable living trust may help avoid probate for assets titled in the trust, provide privacy, and allow continuity of management. Trust governance in Ohio is largely addressed in the Ohio Trust Code (R.C. Chapters 5801–5811).

Important: creating a trust is only part of the process—assets typically must be retitled into the trust to achieve many benefits.

HIPAA Authorization

HIPAA authorizations are often used alongside health care documents to help loved ones obtain medical information when appropriate. (HIPAA is federal law, so this is not tied to a single Ohio Revised Code section.)

Beneficiary Designations and Non-Probate Transfers

Some assets pass outside of probate and can override conflicting provisions in a will. Ohio law recognizes various non-probate transfers, including under R.C. 2131.10.

Common examples include:

• Life insurance
• Retirement accounts (401(k)s, IRAs)
• Payable-on-death bank accounts

Ohio also permits Transfer on Death (TOD) deeds for real estate under R.C. 5302.22–5302.23, allowing property to pass directly to named beneficiaries without probate in many situations.

Ohio-Specific Estate Planning Considerations

• Ohio does not impose a state estate tax.
• Probate court jurisdiction and administration generally flow through R.C. Chapter 2101.
• Guardianship proceedings are court-supervised (see R.C. Chapter 2111) and can often be avoided with proper planning.
• Federal estate tax may apply to very large estates.

How Long Does Estate Planning Take?

A straightforward Ohio estate plan can often be completed within one to three weeks, depending on complexity and responsiveness. Online templates exist, but documents that are not properly executed or coordinated can lead to delays, disputes, or outcomes that don’t match your intent.

Do You Need an Estate Planning Attorney in Ohio?

Ohio law does not require an attorney to create estate planning documents, but legal guidance is strongly recommended if you have:

• Minor children
• Real estate holdings
• Business interests
• Blended families
• Potential family conflict

Ready to start your Ohio estate plan?

If you’re considering estate planning, a brief conversation can help you understand which documents fit your goals and how Ohio law applies.

Schedule a Consultation Explore Estate Planning Services

Disclaimer: This article is for general informational purposes and does not constitute legal advice.

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Frequently Asked Questions About Estate Planning in Ohio

Do I need an estate plan if I don’t have a lot of assets?

Yes. Estate planning is about control and authority, not just wealth. Many people benefit from a will under R.C. Chapter 2107 and powers of attorney under R.C. Chapter 1337, even with modest assets.

What happens if I die without a will in Ohio?

If you die without a will, Ohio’s intestacy rules control who inherits, generally under R.C. Chapter 2105. A will allows you to override many default outcomes and name decision-makers.

Does Ohio require probate?

Probate is often required unless assets pass outside probate (for example, by beneficiary designation or trust). Probate court jurisdiction is generally addressed in R.C. Chapter 2101. Ohio also permits Transfer on Death deeds for real estate under R.C. 5302.22–5302.23.

What’s the difference between a will and a trust in Ohio?

A will controls probate assets and takes effect at death. A revocable living trust—governed by the Ohio Trust Code (R.C. Chapters 5801–5811)— can help avoid probate for properly titled assets and provide continuity during incapacity.

Are handwritten or oral wills valid in Ohio?

Ohio does not recognize oral wills. A will generally must comply with Ohio’s execution rules in R.C. 2107.02, including being in writing, signed, and witnessed by two competent individuals.

What happens if I become incapacitated without powers of attorney?

Without powers of attorney, loved ones may need court-appointed guardianship under R.C. Chapter 2111. Durable financial powers of attorney are governed by R.C. 1337.21–1337.64, and health care powers of attorney are authorized by R.C. 1337.11–1337.17.

What is a durable power of attorney in Ohio?

It’s a document allowing an agent to handle financial matters, with durability meaning authority can continue during incapacity. Ohio’s rules are largely in R.C. 1337.21–1337.64.

What is a health care power of attorney in Ohio?

It appoints an agent to make medical decisions if you can’t. Ohio authorizes this under R.C. 1337.11–1337.17.

Is a living will the same as a health care power of attorney?

No. A living will (declaration) states end-of-life wishes and is governed by R.C. Chapter 2133. A health care power of attorney appoints an agent to make medical decisions more broadly under R.C. 1337.11–1337.17.

Do beneficiary designations override a will in Ohio?

Often, yes. Many non-probate transfers are recognized under R.C. 2131.10, and Transfer on Death deeds for real estate are permitted under R.C. 5302.22–5302.23. Coordinating designations with your plan is critical.

Does Ohio have an estate tax?

Ohio does not impose a state estate tax. Federal estate tax may apply to very large estates, depending on current federal thresholds.

When should I update my Ohio estate plan?

Review your plan after major life events (marriage/divorce, birth/adoption, death of a decision-maker, major asset changes, or relocation). Even without changes, periodic reviews help ensure documents and designations still match your goals.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Trusts Aren’t Just for the Wealthy: Why Families in Pennsylvania, West Virginia, and Ohio Should Consider One

Trusts Aren’t Just for the Wealthy: Why Families in Pennsylvania, West Virginia, and Ohio Should Consider One

For years, trusts have been viewed as tools reserved for the ultra-wealthy. Many families assume trusts are complicated, expensive, or unnecessary unless you have millions of dollars.

That assumption is outdated.

Today, trusts are one of the most practical estate-planning tools for everyday families, especially for those who want to avoid probate, protect loved ones, and maintain control over how their assets are handled. In Pennsylvania, West Virginia, and Ohio, more families are choosing trusts not because they are wealthy — but because they want clarity and peace of mind.

What Is a Trust (In Plain English)?

A trust is a legal arrangement that allows you to place assets under the control of a trustee for the benefit of one or more beneficiaries.

In many family estate plans:

• You create the trust
• You act as the trustee during your lifetime
• Your loved ones are the beneficiaries

This setup lets you continue using and controlling your property while you’re alive — and helps ensure a smoother transition if you become incapacitated or pass away.

The Biggest Myth About Trusts

“Trusts are only for rich people.”

This myth persists because trusts were historically marketed as tax tools for large estates. While trusts can help with certain advanced planning goals, that’s not why most everyday families use them today.

Families often consider trusts to:

• Avoid probate court involvement
• Protect children and support blended families
• Maintain privacy
• Plan for incapacity
• Control how and when assets are distributed

How Trusts Help Everyday Families

A properly drafted trust can provide several practical benefits:

• Avoid probate: Assets properly held in a trust can often be administered outside probate.
• Maintain privacy: Probate filings are typically public; trust administration is generally private.
• Plan for incapacity: A successor trustee can manage trust-held assets if you cannot.
• Protect minor children: You can set instructions for how funds are managed until children reach an appropriate age.
• Support blended families: Trusts can help ensure your plan reflects your specific family structure.
• Provide flexibility: You can control timing and conditions for distributions.

Trust vs. Will: What’s the Difference?

Both wills and trusts can be important, but they work differently.

Feature	Will	Trust
Probate required	Typically yes	Often no (for trust-held assets)
Privacy	Often public record	Generally private
Incapacity planning	Limited	Strong (for trust-held assets)
Speed for beneficiaries	Often slower	Often faster
Ongoing control	Limited	More flexible

State note: Probate procedures and timelines vary across Pennsylvania, West Virginia, and Ohio, but in all three states probate can add time, paperwork, and stress for families. A trust may help reduce or avoid that burden for trust-held assets.

Trusts and Probate by State

Pennsylvania

Pennsylvania probate is handled at the county level and can involve multiple filings and delays. Many families use trusts to reduce probate involvement and keep matters more private.

West Virginia

West Virginia families often want estate plans that account for family land and multi-generational property. Trusts can provide structure and help reduce court involvement when assets are properly held in the trust.

Ohio

Ohio families often consider trusts to streamline transfers, plan for incapacity, and reduce probate complexity—especially when they own real estate or have family-specific distribution goals.

Who Should Seriously Consider a Trust?

A trust may be especially useful if you are:

• A parent of minor children
• A homeowner
• Part of a blended family
• A business owner
• Concerned about incapacity planning
• Interested in reducing probate involvement
• Focused on privacy and control

Common Questions About Trusts

Do I still need a will if I have a trust?

Many families still keep a will as part of a complete plan. A will can address assets not placed in the trust and coordinate with the trust’s instructions.

Are trusts expensive to set up?

Trust costs vary based on complexity. Many families find that a well-designed plan can be more efficient than leaving loved ones to navigate probate and cleanup later.

Can I change or revoke my trust?

Many family trusts are designed to be revocable during your lifetime, meaning you can usually update them as your circumstances change.

What happens if I don’t fund my trust?

A trust must be properly funded to work as intended. Funding generally means transferring certain assets into the trust (for example, retitling certain assets when appropriate).

Does a trust protect assets from creditors?

Asset protection depends on the trust type and your situation. A conversation with an attorney can help clarify what protections may or may not apply.

When a Trust Might Not Be Necessary

Trusts are powerful tools, but they aren’t required for every situation. In some cases, a simpler plan may work well—especially when assets are minimal and beneficiary designations are properly maintained.

How a Trust Fits Into a Complete Estate Plan

A trust often works best alongside other documents, such as:

• A will
• Financial power of attorney
• Healthcare power of attorney
• Advance healthcare directives

Is a Trust Right for Your Family?

Trusts aren’t about wealth — they’re about control, protection, and peace of mind. A properly drafted trust can save your family time, money, and unnecessary stress.

If you live in Pennsylvania, West Virginia, or Ohio, The Skeen Firm can help you evaluate whether a trust makes sense for your goals and build an estate plan tailored to your needs.

Call to action: Schedule a confidential estate planning consultation.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Essential Estate Planning: The Legal House Protecting Your Family in Pennsylvania & West Virginia

Essential Estate Planning: The Legal House Protecting Your Family in Pennsylvania & West Virginia

• The Skeen Firm

Estate planning isn’t just for the wealthy. It’s the legal house that protects your family from uncertainty, financial chaos, and the court system when life takes an unexpected turn.

Why Estate Planning Matters for Everyday Families

Most people assume estate planning is only for individuals with large estates, multiple properties, or complex investments. In reality, today’s most common estate planning needs have nothing to do with wealth. They involve:

• Protecting minor children and choosing guardians
• Making sure your home and mortgage are handled smoothly
• Planning for blended families and second marriages
• Preparing for elder care and medical decision-making
• Coordinating long-term financial support for loved ones

If any of those describe you, you already have an estate — and you need an estate plan.

The Five Documents Every Family Should Have

These core documents form the five walls of your legal house. Together, they create structure, clarity, and protection when your family needs it most.

1. Last Will & Testament

A will does more than distribute your assets — it answers the questions your family can’t answer on their own:

• Who will care for your minor children?
• Who will manage your estate?
• Who receives sentimental or high-value assets?
• How should debts, taxes, and disputes be handled?

Without a will, Pennsylvania or West Virginia will make these decisions by default, and those choices may not match your wishes. It’s no surprise that searches like “What happens if I die without a will in PA?” are trending. The short answer: the state decides everything.

2. Financial Power of Attorney (POA)

A Financial Power of Attorney appoints someone you trust to manage your finances if you are unable to act. With a valid POA in place, your chosen agent can:

• Pay your bills and everyday expenses
• Manage bank and investment accounts
• Handle tax filings
• Sign legal documents on your behalf
• Manage real estate or business interests

This prevents frozen accounts, foreclosure notices, or unpaid obligations when timing matters most. A common question is: “Is a power of attorney valid after death?” The answer is no — which is why you need both a POA and a will (or trust) working together.

3. Health Care Power of Attorney & Living Will

A Health Care Power of Attorney designates someone to make medical decisions for you if you cannot. A Living Will outlines your wishes regarding:

• Life-sustaining treatment
• Pain management
• End-of-life preferences

These documents relieve your family of the burden of guessing what you would want in a crisis. They also help prevent disagreements during already stressful times. Many people search for “health care proxy vs living will in PA” — your plan can include both.

4. Beneficiary Designations — The Forgotten Part of Estate Planning

Not all assets pass through your will. Some transfer directly by beneficiary designation, including:

• Life insurance policies
• Retirement accounts (401(k), IRA, etc.)
• Bank accounts with POD (Payable on Death) or TOD (Transfer on Death) designations
• Certain investment or brokerage accounts

Outdated beneficiaries often lead to unintended (and unpleasant) results — like an ex-spouse inheriting a retirement account. Reviewing and updating your beneficiary designations is one of the easiest and most impactful estate planning steps you can take.

5. Revocable Living Trust (When You Want Efficiency & Privacy)

A trust is not required for every family, but for many, a revocable living trust offers major advantages:

• Avoids probate, which can take 12–18 months in some cases
• Keeps your estate private, rather than part of the public court record
• Manages multi-state real estate without multiple probate proceedings
• Allows controlled inheritance for minors or young adults
• Reduces family conflict by clearly outlining your wishes
• Provides immediate management of your assets during incapacity

More families are choosing trusts because they want speed, privacy, and simplicity for their loved ones. Trusts aren’t just for the wealthy — they’re for anyone who wants clarity and control.

Estate Planning for Special Situations

Some families face unique circumstances where a customized estate plan is especially important:

Blended Families

If you have a blended family, a trust can ensure biological children and stepchildren are provided for fairly and intentionally, rather than relying on default state rules.

Families with Special Needs Children

A Special Needs Trust can preserve a child’s eligibility for government benefits while providing supplemental financial support for their long-term needs.

Business Owners

Business owners need to plan for continuity and control. Your estate plan should address who will own, manage, or sell the business and under what conditions.

Families with Multi-State Homes

If you own property in multiple states, such as Pennsylvania and West Virginia, a well-structured plan can help you avoid multiple probate proceedings and unnecessary legal expense.

The Hidden Costs of Dying Without a Plan

Families without an estate plan often face a difficult combination of legal, financial, and emotional challenges:

• Delays of six to twenty-four months in probate
• Court-appointed guardians for minor children
• Frozen accounts and delayed access to funds
• Disputes between surviving family members
• Higher legal and administrative fees
• Loss of privacy about family finances
• Increased stress during an already painful time

Planning now prevents confusion later. A clear estate plan is one of the best gifts you can leave your family.

Everyday Legal Advice: Build the Legal House Your Family Deserves

Your estate plan is your family’s security system. It protects your children, your home, your wishes, and your legacy. At The Skeen Firm, we guide families through clear, compassionate estate planning tailored to their circumstances in Pennsylvania and West Virginia.

Book a discovery call to start building the plan your family deserves.

Trusts Aren’t Just for the Wealthy: Why Every Family Should Consider One

Trusts Aren’t Just for the Wealthy: Why Every Family Should Consider One

Think trusts are only for the ultra‑rich? Think again. Discover how a living trust can protect your family, save on probate costs, and simplify estate planning in Pennsylvania and West Virginia.

What Exactly Is a Trust?

A trust is a legal arrangement that holds your assets (like a home, savings, or investments) for the benefit of your chosen people—your beneficiaries.

• You (the grantor) create the trust.
• The trustee manages the assets according to your instructions.
• Your beneficiaries receive the assets under those terms.

The most common everyday option is the revocable living trust, which you can change or revoke anytime during your lifetime.

Top 5 Reasons to Consider a Trust—Even If You’re Not “Wealthy”

1. Avoid Probate. Probate can take months and cost thousands. A properly drafted trust keeps your estate private and out of court.
2. Plan for Incapacity. If you become ill or unable to manage finances, your successor trustee can step in seamlessly.
3. Protect Children or Beneficiaries. Control when and how your children receive an inheritance.
4. Simplify Multi‑State Property Transfers. Own property in both Pennsylvania and West Virginia? A trust can prevent multiple probate cases.
5. Save Time and Money for Loved Ones. The peace of mind alone is often worth it.

Trusts vs. Wills: Which One Do You Need?

Think of a will as directions for the court. A trust is a private instruction manual your family can follow immediately. Most families benefit from having both—a will for backup and a trust for control and privacy.

Common Myths About Trusts

• “Trusts are only for the wealthy.” False. They’re for anyone with property, kids, or privacy concerns.
• “Trusts are too expensive.” False. A tailored plan can fit your needs and budget.
• “Trusts are complicated.” False. Your attorney handles the heavy lifting.

How to Get Started with a Living Trust in Pennsylvania or West Virginia

1. Meet with your estate planning attorney to clarify goals.
2. Draft and sign your trust document.
3. Transfer key assets into the trust (your attorney will guide you).

Everyday Legal Advice: Build a Trust That Fits Your Life

You don’t need millions to plan wisely—you just need guidance. We help families across Pennsylvania and West Virginia set up trusts that actually work for real life.

Book a discovery call

Estate Planning in West Virginia Using Trusts: A Complete Guide

Estate Planning in West Virginia Using Trusts: A Complete Guide

Why Trusts Matter in West Virginia

Estate planning is more than drafting a will. For many West Virginians, setting up a trust ensures smoother asset transfer, avoids costly probate, and protects loved ones.

Whether you live in Morgantown, Charleston, Wheeling, or the Eastern Panhandle, the probate process can feel overwhelming. A properly funded trust often reduces or eliminates the need for probate, saving time, money, and stress for your family.

• Avoiding probate court in counties like Kanawha, Monongalia, and Berkeley
• Keeping family financial matters private
• Protecting children and grandchildren from mismanaging assets
• Shielding inheritances from creditors or divorce claims
• Preserving Medicaid or disability benefits through special needs trusts

Common Types of Trusts in West Virginia

Every family’s situation is unique, but these are the most common trusts used across the state:

• Revocable Living Trusts – Flexible, avoid probate, and let you manage assets during life.
• Irrevocable Trusts – Protect assets from creditors, lawsuits, or Medicaid recovery.
• Special Needs Trusts – Safeguard benefits while providing extra support for disabled loved ones.
• Testamentary Trusts – Built into a will, effective only after death.
• Charitable Trusts – Provide for a cause you care about while maximizing tax advantages.

How to Set Up a Living Trust in West Virginia

1. Choosing your trust type (revocable vs. irrevocable).
2. Listing assets such as real estate in Monongalia County or Kanawha County, bank accounts, and investments.
3. Selecting a trustee to manage your trust now and in the future.
4. Drafting the trust document in compliance with West Virginia’s Uniform Trust Code (WV Code Chapter 44D).
5. Executing and funding the trust — retitling deeds, accounts, and other property.
6. Reviewing and updating as your life changes (marriage, divorce, new children, etc.).

Pro Tip: Always include a “pour-over will” to ensure that any assets not placed into your trust will still be transferred properly.

West Virginia Probate vs. Trust Administration

West Virginia probate courts require filing an estate inventory, notifying creditors, and meeting strict deadlines. In counties like Harrison and Berkeley, probate can take months — sometimes years.

Trust administration, by contrast, generally occurs outside of court, which:

• Keeps your estate private
• Reduces disputes among heirs
• Speeds up the distribution process

When a Trust May Not Be Necessary

Trusts are powerful, but not everyone needs one. If your estate is small and qualifies for West Virginia’s simplified probate procedures, a carefully drafted will might suffice.

That’s why it’s important to sit down with an experienced estate planning attorney to weigh costs versus benefits.

Avoiding Common Trust Mistakes

• Not funding the trust with property titles or bank accounts
• Choosing a trustee who isn’t trustworthy or financially skilled
• Using boilerplate “DIY” forms not compliant with WV law
• Forgetting to update your trust after life events
• Leaving assets with inconsistent beneficiary designations

Why Work with a West Virginia Estate Planning Lawyer

Every county in West Virginia has its own quirks in probate and trust law. For example, Kanawha County may require different documentation than Berkeley County. An attorney who understands these local differences can:

• Draft a trust tailored to your family and assets
• Ensure compliance with West Virginia Code Chapter 44D
• Handle trust administration and potential disputes
• Protect your heirs from unnecessary costs or litigation

Take the Next Step

If you’re ready to protect your family and secure your legacy, it’s time to explore whether a trust fits into your estate plan.

At The Skeen Firm, we guide clients across West Virginia through every step of the estate planning process. Whether you live in Morgantown, Charleston, Wheeling, or beyond, we’re here to help you plan wisely.

📞 Schedule a Discovery Call Today to learn how trusts can provide peace of mind for you and your loved ones.

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Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Always consult with an attorney licensed in your state before making estate planning decisions.

Long-Term Care Insurance: What You Need to Know Before It’s Too Late

Planning for the future isn’t just about writing a will or creating a trust—it’s also about making sure you and your family are financially protected if the unexpected happens. One of the most overlooked pieces of an estate plan is long-term care insurance.

As an estate planning attorney, I see firsthand how quickly the cost of nursing homes, assisted living, or in-home care can drain even a well-built estate. Without a plan in place, families are often left scrambling to figure out how to pay for care while also protecting what they’ve worked so hard to build.

Why Long-Term Care Insurance Matters

The truth is, most of us will need some form of long-term care as we age. Medicare only covers limited, short-term nursing care. Medicaid can help, but only after you’ve spent down your assets to meet strict eligibility requirements.

That’s where long-term care insurance comes in. These policies help cover the costs of services like:

• Nursing homes

• Assisted living facilities

• Home health aides

• Adult day care services

Having coverage means you don’t have to liquidate your savings or sell your home just to afford care. It can also give your family peace of mind knowing there’s a plan in place.

The Estate Planning Connection

Long-term care insurance isn’t just about healthcare—it’s about protecting your estate. Without coverage, the cost of care can wipe out retirement accounts, force the sale of property, and leave little to pass on to your loved ones.

As part of a comprehensive estate plan, I often recommend clients explore their insurance options alongside wills, trusts, and powers of attorney. Together, these tools create a stronger safety net for both you and your heirs.

Finding the Right Policy

Not all long-term care policies are created equal. When reviewing your options, here are some key factors to consider:

• Daily or Monthly Benefit – How much will the policy pay for care each day or month?

• Benefit Period – How long will benefits last—two years, five years, or for life?

• Elimination Period – How long do you pay out-of-pocket before benefits start?

• Inflation Protection – Will the benefit increase over time as care costs rise?

• Hybrid Policies – Some life insurance policies include a long-term care rider, which can be an attractive alternative for certain families.

An estate planning attorney can help you evaluate whether long-term care insurance makes sense for your financial picture and how it fits into your broader estate plan.

Taking the Next Step

The earlier you look into long-term care insurance, the better. Premiums are more affordable when you’re younger and healthier, and you’ll have more options to choose from.

If you’re thinking about your future—or your parents’—now is the time to act. At The Skeen Firm, we help families across Pennsylvania and West Virginia build estate plans that go beyond documents. We look at the full picture, including strategies for protecting your assets from the high cost of long-term care.

Ready to Start Planning?

If you want to explore how long-term care insurance fits into your estate plan, schedule a consultation with us today. We’ll walk you through your options, answer your questions, and help you create a plan that gives you and your family peace of mind.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Understanding Power of Attorney in West Virginia: A Guide for Individuals and Families

If you live in West Virginia, having a Power of Attorney (POA) can be one of the most important legal steps you take to protect yourself and your loved ones. A Power of Attorney allows you to give someone you trust the legal authority to act on your behalf if you can’t make decisions for yourself.

Whether you are planning for the future, helping aging parents, or facing a sudden medical emergency, knowing how a Power of Attorney works in West Virginia can save your family stress, time, and money.

What is a Power of Attorney?

A Power of Attorney is a legal document that lets you choose someone (called your “agent” or “attorney-in-fact”) to make decisions for you. These decisions might be about:

• Managing your bank accounts

• Paying bills and taxes

• Buying or selling property

• Handling medical care and treatment choices

In West Virginia, your Power of Attorney can be customized to cover only certain tasks or give broad authority over many areas of your life.

Types of Power of Attorney in West Virginia

West Virginia recognizes several types of POAs, each with a different purpose:

1. Durable Power of Attorney

A Durable Power of Attorney in West Virginia stays in effect even if you become mentally or physically unable to make decisions. This is the most common type used in estate planning.

2. Medical Power of Attorney

A West Virginia Medical Power of Attorney allows your agent to make healthcare decisions for you if you are unable to speak for yourself. This can include treatment plans, surgery approvals, and end-of-life care.

3. Limited (or Special) Power of Attorney

This type is used for a specific task and for a set amount of time, such as signing paperwork while you are traveling.

4. Springing Power of Attorney

A Springing Power of Attorney in West Virginia only becomes active when a specific event happens—most often, when a doctor certifies that you can’t make your own decisions.

Why a Power of Attorney Matters in West Virginia

Without a valid Power of Attorney, your family might have to go to court to get guardianship or conservatorship before they can help you. This process can be costly, stressful, and time-consuming.

Having a POA means:

• You choose who will make decisions for you

• Your wishes are more likely to be honored

• Your family can avoid unnecessary legal battles

Requirements for a Valid Power of Attorney in West Virginia

To be legally valid in West Virginia, your Power of Attorney must:

1. Be in writing

2. Clearly name your chosen agent

3. Be signed by you (the “principal”)

4. Be notarized

If your POA involves real estate, it may also need to be recorded at the county clerk’s office.

How to Get a Power of Attorney in West Virginia

You can find generic POA forms online, but these often don’t cover specific needs or West Virginia’s unique legal requirements. It’s best to work with an attorney who can:

• Customize the document to your situation

• Ensure it meets all legal requirements

• Explain your agent’s rights and responsibilities

Common Situations When a POA is Useful

• Preparing for surgery or medical treatment

• Helping elderly parents manage their affairs

• Military deployment

• Extended travel abroad

• Managing property while living in another state

Final Thoughts

A Power of Attorney in West Virginia is a simple but powerful way to protect yourself and your loved ones. It ensures that someone you trust can step in when needed—without the delays and costs of going to court.

If you live in Morgantown, Wheeling, Fairmont, Clarksburg, or anywhere in Northern West Virginia, our attorneys can help you create a Power of Attorney that meets your needs and protects your future.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Estate Planning After Divorce in West Virginia and Pennsylvania: What You Need to Know

Divorce is one of life’s biggest transitions. While you’re focused on moving forward emotionally and financially, one critical step is often overlooked — updating your estate plan after divorce.

If you live in West Virginia or Pennsylvania, failing to revisit your will, trusts, beneficiary designations, and powers of attorney could leave your ex-spouse with control over your assets or healthcare decisions — even if that’s the last thing you intend.

In this post, we’ll explain why post-divorce estate planning matters, what needs to be updated, and how state laws — and even local county practices — can affect your wishes.

Why Estate Planning Is Critical After Divorce

After a divorce, your old estate plan is almost always out of date.

• Beneficiary mistakes – Retirement accounts, life insurance policies, and payable-on-death accounts might still list your ex-spouse. In many cases, financial institutions must follow the form on file — not your verbal wishes.

• Outdated wills and trusts – Both PA and WV have laws that can void provisions favoring your ex-spouse, but these laws may not cover every asset.

• Power of attorney issues – If your ex is still named as your agent, they may legally act for you until you revoke that authority.

Updating these documents ensures that your children, chosen heirs, and trusted decision-makers are in place.

Key Post-Divorce Estate Plan Updates

1. Update Your Will

   • Remove your ex-spouse as executor or beneficiary.

   • Add new heirs or guardians for minor children.

   • In Pennsylvania and West Virginia, divorce may automatically revoke certain provisions in favor of your ex — but not all. Don’t rely solely on state law.

2. Review Beneficiary Designations

   • Retirement accounts (401k, IRA)

   • Life insurance policies

   • Transfer-on-death (TOD) or payable-on-death (POD) accounts
     Pro Tip: Federal law often overrides state divorce laws for certain retirement accounts — meaning your ex could still get the money if you don’t make changes.

3. Revise Powers of Attorney

   • Financial Power of Attorney: Remove your ex as agent.

   • Healthcare Power of Attorney/Living Will: Name someone you trust to make medical decisions if you can’t.

4. Revisit Trusts

   • If you have a revocable living trust, update trustees and beneficiaries.

   • Consider a trust to protect children’s inheritance from an ex-spouse’s control.

5. Plan for Minor Children

   • Choose a guardian in your will.

   • Consider setting up a trust so funds for your children are managed by someone you trust, not your ex.

WV and PA Laws That Affect Your Estate Plan

• West Virginia: Under WV law, divorce revokes any provisions in a will that favor your former spouse, but it does not change beneficiary designations on life insurance or retirement accounts.

• Pennsylvania: Divorce generally revokes bequests to an ex in wills and certain non-probate assets — but exceptions exist for assets governed by federal law or out-of-state property.

Because state laws differ and federal law can override, working with an estate planning attorney familiar with both WV and PA law is critical.

Local Considerations in Southwestern Pennsylvania and Northern West Virginia

Estate planning is never one-size-fits-all — and in some cases, local county practices can impact timing, probate court procedures, and even how certain documents are interpreted.

If you live in Southwestern Pennsylvania — including Allegheny County, Washington County, Westmoreland County, Fayette County, Greene County, and Beaver County — or Northern West Virginia — including Monongalia County, Marion County, Harrison County, Ohio County, and Brooke County — it’s especially important to work with a lawyer who understands both state laws and local court procedures.

Whether you need to update your will after divorce in Allegheny County, change your beneficiary designations in Monongalia County, or revise a trust in Washington County, our firm can guide you so your wishes are protected and legally enforceable.

Protecting Children in Your Post-Divorce Plan

For parents, estate planning after divorce is about more than dividing assets — it’s about making sure your children are cared for in the way you want. This often means:

• Naming a trusted guardian (who is not your ex-spouse if appropriate).

• Creating a trust to manage inheritance until your children are mature enough to handle it responsibly.

• Making sure your ex has no unintended control over assets meant for your children.

The Bottom Line on Estate Planning After Divorce

If you’ve gone through a divorce in West Virginia or Pennsylvania, your estate plan is likely out of date. Without making changes, you risk leaving important decisions — and your legacy — in the wrong hands.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

5 Unique Estate Issues You Shouldn’t Ignore

Essential Insights for Families in Pennsylvania & West Virginia

When it comes to estate planning, most people think a will is enough. But as families and assets become more complex, so do the potential problems that can arise during estate administration. At The Skeen Firm, we help clients across Pennsylvania and West Virginia address estate issues that traditional plans often overlook.

Below are five unique estate challenges that deserve your attention—and how the right legal guidance can help you avoid unnecessary conflict and cost.

1. Digital Assets & Cryptocurrency

Today’s estates often include more than just bank accounts and real estate. You may have:

• Cryptocurrency (Bitcoin, Ethereum, etc.)

• Online income streams (YouTube, Etsy, digital courses)

• Cloud storage or domain names

• Social media and email accounts

Why it matters:

Without legal access instructions and updated documents, your executor may not even know these assets exist—let alone how to access or distribute them. In the case of crypto, if your private keys are lost, your funds are gone forever.

How we help: We ensure your estate plan includes secure, legal access to your digital assets.

2. Out-of-State or International Property

Do you own real estate in more than one state—or abroad? For example:

• A second home in Maryland or New Jersey

• Investment property out-of-state

• Foreign bank accounts or inherited land overseas

Why it matters:

When you pass away with property in multiple jurisdictions, your loved ones may have to navigate ancillary probate or foreign inheritance laws—slowing down the process and increasing costs.

How we help: We use trusts and smart titling strategies to help you avoid multiple probate proceedings.

3. Blended Families & Unequal Inheritance Plans

Modern families come in all shapes:

• Stepchildren or adopted children

• Children from prior marriages

• Long-term unmarried partners

• Estranged or dependent adult children

Why it matters:

State intestacy laws (what happens if you die without a will) don’t account for blended or non-traditional family dynamics. If your wishes aren’t clear, your loved ones may end up in court.

How we help: We tailor your plan to reflect your true priorities—whether that means equal distribution, protecting a second spouse, or leaving different amounts to different children.

4. High-Value or Sentimental Personal Property

You may not think twice about who gets the family jewelry, artwork, or collectibles—but your heirs might.

Why it matters:

Disputes over “who gets what” can escalate quickly, especially if the estate plan doesn’t give clear guidance on personal items. Even sentimental items can cause major rifts between siblings or heirs.

How we help: We provide detailed personal property instructions and clear conflict resolution mechanisms to minimize the risk of family disputes.

5. Beneficiaries with Special Needs or Risk Factors

Planning for a loved one who:

• Receives Medicaid or disability benefits

• Struggles with mental health or addiction

• Is a minor or has a legal guardian

• Is facing bankruptcy or creditors

Why it matters:

A direct inheritance could disqualify them from government benefits—or be lost to poor financial decisions or legal judgments.

How we help: We use special needs trusts, spendthrift trusts, and other tools to ensure your gift supports them without putting their future at risk.

Don’t Leave Your Legacy to Chance

These issues aren't just hypothetical—they're common, and they can derail even the best intentions if not handled properly. Estate planning is about more than just passing on wealth—it's about protecting your family and legacy in a changing world.

If you live in Pennsylvania or West Virginia, we’d be honored to help you build a plan that fits your real life—not just a template.

👉 Book a discovery call with The Skeen Firm today and take the first step toward a confident, customized estate plan.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Maximizing Your Estate Plan with LLCs: A Smart Strategy Before 2026

As we approach 2026, many people are looking for ways to protect their wealth and ensure their loved ones benefit as much as possible. One powerful tool in estate planning is the use of Limited Liability Companies (LLCs). LLCs offer flexibility and control, making them a smart choice for families and individuals with significant assets.

Let’s dive into what LLCs are, how they can be used in estate planning, and why now is the time to take action.

What Is an LLC?

An LLC, or Limited Liability Company, is a legal structure that combines the benefits of a corporation and a partnership. It provides protection for your personal assets while offering flexibility in how the company is managed and taxed.

In estate planning, LLCs are often used to hold family assets, such as:

• Real estate

• Investments

• Family businesses

By transferring assets into an LLC, you can manage and distribute wealth in a way that aligns with your goals.

How Can LLCs Help in Estate Planning?

LLCs can be a key part of your estate planning strategy for several reasons:

1. Centralized Asset Management When you place assets into an LLC, you can manage them as a single entity. This makes it easier to oversee investments, collect rental income, and handle other financial activities. You can also name specific family members or trusted advisors to help manage the LLC.

2. Gift Tax Benefits One of the biggest advantages of using an LLC is the ability to gift ownership interests to your family members. For example, rather than giving a piece of property directly to your children, you can transfer shares of the LLC that owns the property.

Here’s the benefit: The value of the shares can often be discounted because they represent a minority interest in the LLC. This means you can transfer more value without exceeding the annual gift tax exclusion.

1. Control While Sharing Wealth Even if you give shares of the LLC to your children or other heirs, you can retain control as the manager of the LLC. This allows you to make important decisions about the assets while still sharing the benefits with your family.

2. Protecting Assets LLCs can also shield your assets from creditors and lawsuits. If someone sues a member of the LLC, the LLC’s assets are usually protected. This makes LLCs a great choice for safeguarding family wealth.

Why Act Now?

The upcoming changes to the federal estate and gift tax exemptions make now the perfect time to consider an LLC. Here’s why:

• High Exemption Limits: Currently, the federal gift and estate tax exemption is $12.92 million per person. This allows you to transfer significant wealth without paying taxes. But in 2026, the exemption is expected to drop to around $7 million per person.

• Maximize Your Gifting Opportunities: By creating and funding an LLC now, you can benefit from the higher exemption limits. Transferring ownership interests before 2026 can help you lock in these tax benefits.

Steps to Get Started

1. Consult an Estate Planning Professional Setting up an LLC requires careful planning. A lawyer or financial advisor can help you understand the legal and tax implications.

2. Choose Your Assets Decide which assets you want to place in the LLC. This could include real estate, stocks, or a family business.

3. Draft an Operating Agreement The operating agreement outlines how the LLC will be managed, who the members are, and how profits and losses will be distributed.

4. Transfer Ownership Interests Once the LLC is set up, you can start transferring ownership shares to your family members. Be sure to follow all tax laws and reporting requirements.

Final Thoughts

Using an LLC for estate planning is a smart way to manage your wealth, reduce taxes, and protect your family’s future. With the federal tax laws set to change in 2026, now is the time to take action. By planning ahead, you can make the most of today’s tax advantages and ensure your legacy is secure.

If you’re ready to explore how an LLC can benefit your estate plan, our law firm is here to help. Contact us today to schedule a consultation and take the first step toward protecting your family’s future.

Estate Planning in 2025: Why Acting Now Can Save You Later

The year 2025 is an important one for anyone thinking about estate planning. That’s because some big changes are coming to federal tax laws. Right now, you can give away a lot of money without paying federal gift or estate taxes. But after 2025, the rules will likely change, and that could cost your family more money.

Let’s break it down and talk about what you can do to protect your hard-earned money.

What Is the Federal Estate and Gift Tax?

The federal estate and gift tax is a tax on the money and property you give to others, either during your lifetime or after you pass away. But here’s the good news: There is a big exemption, which is the amount you can give away tax-free. Right now, that exemption is $12.92 million per person or $25.84 million for married couples. This means most people don’t have to worry about this tax.

That said, this high exemption won’t last forever.

What’s Happening in 2026?

Back in 2017, a law called the Tax Cuts and Jobs Act raised the estate and gift tax exemption to its current high level. But this law is temporary. On January 1, 2026, the exemption will drop back to about $7 million per person (adjusted for inflation). If you have a large estate, this change could mean a much bigger tax bill for your heirs.

For example:

• If your estate is worth $10 million and the exemption drops to $7 million, $3 million of your estate could be taxed.

• At a federal estate tax rate of 40%, your family might owe $1.2 million in taxes on that $3 million.

This is why acting now is so important.

What Can You Do?

The good news is that there are steps you can take before the law changes. Here are some strategies to consider:

1. Use Your Exemption Now If you have a large estate, think about making big gifts to your loved ones now, while the exemption is still high. This way, you can transfer more money and property without paying taxes. For example, you could give shares in a family business, real estate, or cash.

2. Create a Trust Trusts are a powerful tool for estate planning. You can use a trust to transfer assets while keeping some control over how they are used. For instance, you can set up a trust to pay for your grandchildren’s education or to support a favorite charity.

3. Work with a Professional Estate planning can be complicated, especially with the upcoming tax changes. A lawyer or financial advisor can help you figure out the best plan for your situation. They can also make sure your plan follows all the rules.

Why Plan Now?

You might think 2026 is far away, but the sooner you start planning, the better. Estate planning takes time. You’ll need to:

• Take inventory of your assets (like your home, investments, and savings).

• Decide who you want to leave your assets to.

• Set up trusts or other legal documents.

Waiting until the last minute could mean rushing through these important decisions. By acting now, you can benefit from the current tax laws and give your family peace of mind.

Final Thoughts

The federal estate and gift tax changes coming in 2026 could have a big impact on your family’s financial future. But with careful planning, you can minimize taxes and make sure more of your money goes to the people you care about.

If you’re ready to start planning or have questions about your options, our law firm is here to help. Contact us today to schedule a consultation. Together, we can create a plan that protects your legacy and gives you peace of mind.

Estate Planning in West Virginia: A Simple Guide

Planning for the future is essential, no matter your age. Estate planning helps protect your family, your money, and your wishes. Making an estate plan in West Virginia is easier than you might think. Let’s go over the basic steps.

1. Make a Will

A will is a legal paper that says who gets your things when you pass away. You can name someone to take care of your estate (called an executor) and decide who gets what. To make a will in West Virginia, you must:

• Be at least 18 years old and of sound mind.

• Write down your wishes.

• Sign the will in front of two witnesses.

Without a will, the state decides who gets your things, which may not be what you want.

2. Set Up a Trust (If Needed)

A trust is another way to pass on your belongings and can help avoid court delays (probate). There are two main kinds:

• Revocable Trust: You can change it anytime.

• Irrevocable Trust: This cannot be changed but may help protect assets from taxes or creditors.

Trusts are not needed for everyone, but they can make things easier for your family.

3. Choose a Power of Attorney (POA)

A power of attorney lets someone you trust make decisions for you if you can’t. There are two types:

• Financial POA: Handles your money and property.

• Medical POA: Makes healthcare choices for you.

Choosing the right person is very important because they will have a lot of responsibility.

4. Create a Living Will (Advance Directive)

A living will explains what kind of medical care you want if you become too ill to speak. It helps doctors and your family understand your wishes.

5. Pick Beneficiaries

Some things, like life insurance or retirement accounts, go straight to the people you name as beneficiaries. Be sure to check these names often and update them as needed.

6. Think About Probate and Taxes

West Virginia has no estate or inheritance tax, but large estates may owe federal taxes. Having a plan can help avoid extra costs and delays in court.

7. Keep Your Plan Safe and Updated

Once you have an estate plan, store it in a safe place, like a fireproof box. Review it every few years or when significant life changes happen, like getting married or having kids.

Need Help?

Estate planning can feel overwhelming, but you don’t have to do it alone. The Skeen Firm is here to help you create a plan that protects your family and your future. Contact us today to get started!

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Succession Planning - The Most Important Business Plan a Small Business Owner Can Make

As a small business owner, you put your heart and soul into building your company.  But what happens when it’s time to move on?  Whether you are retiring, selling, or passing the business on to your children, you need a plan.  That’s where succession and estate planning meet.

Succession and estate planning aren’t just for wealthy individuals.  They are for business owners who want to ensure the distribution of their assets according to their wishes.  If you are a small business owner, your business will likely be one of your most valuable assets.  Without a plan, your business might end up in probate court for months or years, costing your family time, money, and stress.

That is why it’s crucial to start thinking about your exit strategy now.

The following steps are a good start to your succession plan:

Know Your Options: You must know your options before creating an exit strategy. Will you sell the business outright?  Will you pass it on to your children?  Will you continue to play a role in the company even after you retire?  Understanding your options will help you decide what’s best for you and your family.

Plan Early:  The earlier you start planning, the better.  This gives you time to explore your options and make informed decisions.  It also gives you time to build up the value of your business, which can increase the amount you receive if you decide to sell.

Get Professional Help:  Succession and estate planning can be complicated, especially when a small business is involved.  Working with an experienced attorney who can help you navigate the process is essential.  They can help you understand the legal implications of different options and create a plan that meets your specific needs.

Communicate With Your Family:  Succession and estate planning is not just about you – it’s also about your family.  Make sure you communicate your plans with them and involve them in the decision-making process.  Keeping everyone engaged can encourage cooperation and prevent potential conflicts.

Review and Update Your Plan:  Succession and estate planning is not a one-time event.  You must review and update your plan regularly to meet your needs.  This is especially important if your business or personal situations change.

Please do not wait until it’s too late to start thinking about your exit strategy!  With the right plan, you can ensure your business thrives long after you are gone.  So take the first step today and start planning for your future.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Secure Your Children's Future: An Introduction to Estate Planning for Working Parents

At The Skeen Firm, we understand the importance of securing your family’s future.  So, let’s discuss estate planning for dual-income families with minor children.  Implementing a comprehensive estate plan can help you guarantee that you protect and support your children, no matter what life may bring.  Here, we’ll explain the critical components of an estate plan and how it can safeguard your family’s intellectual capital.

Understanding the Dual Income Family Dynamic

In today’s fast-paced world, many families rely on two incomes to support their lifestyles and secure their children’s future.  As both parents contribute financially, creating an estate plan that addresses your family’s unique circumstances and goals is essential.

The Importance of Estate Planning

Estate planning involves more than just the distribution of assets after your passing.  It can also establish guardianship for your children, designate beneficiaries, and protect your family’s intellectual capital.  By crafting a well-thought-out estate plan, you can control your assets and establish their use to be in the best interest of your children.

Critical Components of an Estate Plan for Parents

Choosing Guardians:  One of the most crucial decisions you’ll make as a parent is selecting guardians for your minor children.  This is the best way to ensure someone you trust is in place to care for your children in case you cannot fulfill your parental duties.

Asset Protection:  Your estate plan should include strategies to protect your assets and ensure their growth over time.  Consider setting up trusts or incorporating specific provisions to preserve your family’s financial well-being.

Life Insurance:  Dual-income families heavily rely on each other’s earnings.  In case of unexpected events, life insurance policies can provide a financial safety net and make sure your children’s needs are met even without the presence of one or both parents.

Education Planning:  Planning for your children’s education is integral to estate planning.  Explore options such as 529 college savings plans or education trusts to reserve funds for their educational pursuits.

Regular Review and Updates

Developing an estate plan is not a one-time task but ongoing.  As your circumstances change, reviewing and updating your plan is vital.  Major life events like the birth of a child, change in employment, or acquisition of new assets should prompt a thorough examination of your estate plan.

You can protect and secure your children’s future by crafting a comprehensive estate plan tailored to your dual-income family. So start planning today, gain peace of mind and safeguard your assets for future generations.

This post is partially AI repurposed from the blog post found first at:  https://www.theskeenfirm.com/blog/2018/10/22/custody-conundrum-both-parents-passed-suddenly-now-what

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Trust Us—Trusts Aren’t Just For the Wealthy

If we have heard “I don’t need a trust because I am not rich” once, we’ve heard it a million times. If each time were worth a dollar, we would have a big marketing budget to bust this myth. What is at the core of this misconception? That is hard to tell. What we do know is that a revocable living trust is an excellent estate and long-term planning solution for many.

First, what is a revocable living trust? These trusts are also known as grantor trusts. More on that later.  A trust is an agreement in which the Trustor or Grantor gives the right of ownership or control of an asset to another person, the Trustee, to hold, manage, and grow to benefit a third party known as the Beneficiary. A revocable living trust is created during the Grantor’s lifetime, which is amendable or revocable at the Grantor’s discretion.

Often these agreements see the Trustor serve as the Trustee, and the trust is at first for their benefit. This approach allows the individual creating this plan to maintain control of the assets. In doing so, they also give up a certain level of asset protection provided by an irrevocable trust, but they will ensure their assets avoid probate. (More on probate here.)

A revocable trust and probate savings are essential for certain assets. Think real estate, art, valuable collections, heirlooms, and business interests. All these assets could have potential high values but are cash poor at the time of probate, leaving loved ones to foot the bill. This approach also provides greater privacy than administering a probate estate.

There are downsides to this approach, however. A trust at its core is meant to protect and grow assets for beneficiaries. In this case, we are referring to protection from creditors, lawsuits, and other situations that could take or decrease your assets. Ironically, when it comes to trusts, control and protection are opposites. The more control the Trustor gives up over an asset, the greater the protection. So, for a revocable living trust where the Trustor is also the Trustee and Beneficiary, the assets in the trust might wind up subject to attachment.

We will address how to tackle asset protection with an irrevocable trust in a future post. In any event, the differences in asset protections show how important it is to discuss your desires with your estate planning attorney.

At The Skeen Firm, we take time to review your assets and listen to your planning goals so that we can deliver the best, custom-tailored plan for your situation. Call us at 724 – 550 – 6970 or email us at info@theskeenfirm.com to schedule a planning session. We aim to make the process easy; trust us!

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on nor construed as creating an attorney-client relationship.