Estate planning is important for anyone who wants control over their health, finances, and legacy. This includes:

• Individuals and couples of all ages
• Families with minor children
• Homeowners
• Anyone with savings, retirement accounts, or property
• Those wanting to avoid probate or protect assets

Bellomo & Associates offers Medicaid Crisis Planning, helping families protect assets even when care is needed immediately. You are not out of options.

A will is a legal document that directs how your assets are distributed after your death. It allows you to name beneficiaries, choose an executor, and outline your final wishes.

A will does not avoid probate and has no legal authority until the original document is submitted to the probate court after death. However, a will is essential for parents of minor children, as it is the only way to legally name a guardian if a child becomes orphaned.

A properly drafted will can also include testamentary trust provisions, which allow assets to be managed and distributed for your heirs over time. When coordinated with other estate planning tools, these provisions may help protect assets and reduce potential estate taxes.

Pennsylvania law will decide:

• Who inherits
• How much they inherit
• When they receive it

This often does not match your wishes.

A Revocable Living Trust is a legal agreement between three roles: the trust-makers, trustees(managers), and the beneficiaries. In many cases, such as a married couple, the same people can serve in all three roles. This lets them create the trust, manage the assets placed into it, and use it to enjoy those assets during their lifetime.

The trust also names “backup” trustees who can step in if the trust-makers become incapacitated or pass away. This ensures management and distribution of assets according to the trust’s instructions. With proper planning, a Revocable Living Trust can help avoid or reduce death taxes and, importantly, allows your estate to be administered outside of court.

Whether you are young or old, rich or poor, married or single, if you own titled assets such as a house and want your loved ones to avoid court interference at your death or incapacity, consider a revocable living trust. A trust allows you to bring all of your assets together under one plan. However, it is important to note, these trusts do not protect your assets from your creditors.

• Have a named beneficiary (IRA, 401(k), life insurance)
• Or jointly owned assets

• Owned solely by the decedent (bank accounts, vehicles, investments)

• Whether the court is involved
• Timing and cost of administration
• Tax planning

A Durable Power of Attorney(POA) and Living Will are essential legal documents that protect you and your family if you become unable to make decisions on your own.

A POA allows you to appoint someone you trust to make financial or health care decisions if you become incapacitated. Without a POA, your family may have to go through a court process known as guardianship, where a judge decides who will make decisions for you. This is often a long, stressful, and expensive process.

A Living Will allows you to state in advance:

• What life-sustaining treatments you want or do not want
• How you want medical decision handled if you cannot communicate

When you have these documents:

• You prevent court involvement and reduce family stress
• Ensure your wishes are honored
• Provide clear guidance during medical emergencies
• Protect your loved ones from confusion or conflict

Asset protection involves legally repositioning assets so they are shielded from future creditors, lawsuits, or long-term care costs. You need asset protection if you:

• Want to protect your home or savings for your spouse or children
• Are concerned about future long-term care or nursing home expenses
• Want to avoid unnecessary spend-down for Medicaid
• Prefer to stay in control of your assets while ensuring they are protected
• Wish to preserve wealth across generations

To qualify for Medicaid long-term care benefits, Pennsylvania considers:

• Income limits
• Countable vs, non-countable assets
• The five-year look-back period
• Proper documentation and medical need

Planning ahead, or even during a crisis, can help protect what you own.

Special needs planning preserves your loved one’s eligibility for government benefits, enhancing their quality of life.
A Special Needs Trust may be needed if:

• You want to leave assets to a loved one with disabilities
• You want to avoid disqualifying them from SSI or Medicaid

CURRENT: Tax charged by Commonwealth of Pennsylvania on estates upon the death of asset owner; Pennsylvania inheritance tax rates are as follows:

• 0% tax for a spouse or a parent from a child aged 21 or younger;
• 4.5% tax for lineal relatives (e.g. parents, grandparents, children, grandchildren);
• 12% tax for siblings;
• 15% tax for all others (including nieces and nephews)

The Federal Estate Tax is a tax imposed on the transfer of assets upon a person’s death. Most families will never owe this tax because only estate exceeding the deferral exemption amount are subject to it.

As of 2026, the Federal Estate Tax exemption is approximately $15 million per person. Married couples can combine their exemptions for a significantly higher total.

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