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.

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That assumption is outdated.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.

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.

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.

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.