​The new Pennsylvania Trust Guide 5th Edition has been released! Ours truly, Samantha K. Wolfe has contributed information once again. Additionally, Samantha co-authored a book with eighteen other leading elder care attorneys from across the nation titled "Protect Your Legacy! What You Really Need to Know for the Second Half of Life". Samantha co-authored the 2016, 2017, 2018, 2020, 2021, and 2022 supplements to the Pennsylvania Trust Guide (Editions IV and V) published by George T. Bisel Company, Co., Inc. To order the 5th Edition of the PA Trust Guide visit https://bisel.com/products/pennsylvania-trust-guide
To learn more about The Law Offices of Samantha K. Wolfe, LLC visit our website at www.skwlawoffice.com.

Michael Lynch, certified financial planner at Lynch Investment Planning.
​
During this interview, Samantha and Michael discuss the importance of having a certified financial planner. Michael gives tips on how to choose a financial advisor. Michael encourages clients to find an advisor that you trust and have confidence in since it will be an ongoing relationship. Michael encourages clients to ask the certified financial planner questions pertaining to their credentials. Samantha and Michael discuss how an attorney and financial advisor should collaborate during the estate planning process and the importance of beneficiary designations as part of the estate planning process. Michael also discusses how financial advisors get paid for the services they offer clients.​
 
Mike joined Lynch Investment Planning after spending over 7 years as an active-duty Army officer.  Mike held various positions in the Army, including Apache helicopter pilot, aviation company commander, human resources director, and recruiting commander.  Throughout all of these roles, Mike was a leader of hundreds of soldiers and spent countless hours counseling them and their families through personal and financial decision points.  He chose to enter the financial planning profession to continue to serve families and their financial needs.  He brings a breadth of experience in strategic planning, complex problem solving, and process-based solutions to the firm.  He believes in the Army’s core value of selfless service, and he brings that mindset to work for his clients each day.   
 
Mike earned a master’s degree in finance from Saint Joseph’s University and received his undergraduate degree from the University of Delaware, where he earned membership into The Phi Beta Kappa Honor Society.  Mike lives in Newtown Square with his wife and four sons.  He is active in the community and serves as a board member and volunteer for multiple organizations.  He continues to serve his country as a Major in the Army Reserve.  
 
Michael Lynch’s contact information:
Website: lynchinvestmentplanning.com
Website: lynchip.com.

To view the interview in its entirety please visit: https://youtu.be/5XRGrBZw1yM
​
The Law Offices of Samantha K. Wolfe, LLC: Providing Mindful Legal Direction for You and Your Future Generations. We offer FREE initial consultations so contact our office at (717) 655-2676 to schedule an appointment today! We are located at 20 East Sixth Street, Suite 206, Waynesboro, PA 17268.

                                                                                  ​Estate Administration 
When faced with the loss of a loved one, we tend to not know where to start.  Estate administration can be a very involved, time-consuming, and sometimes complex process.  There is a process in which the loved one’s estate will need to be handled.  You may or may not have to probate, this will depend on the complexity of the estate.  Is there a will and/or a trust?  This may make a difference. Are you the executor of the estate?  Your job is very important, you will need to gather very crucial information for the attorney. The best thing to do is make a list of all the bank accounts, credit cards, retirement or investment accounts, life insurance policies, tax record, safe-deposit boxes and real estate that you are aware of.  You will need to gather this information and provide it to the attorney.  If you find yourself in this situation, please do not hesitate to reach out to our office.  We are here for you and your loved ones. We do offer free initial consultations.  Our office is located at 20 East Sixth Street, Suite 206, Waynesboro, PA  17268.  You can contact us at (717) 655-2676.

What if I need to determine if the attorney is the right one for me?
 
What type of questions should we ask? I’ve created a list of questions that when you call in to schedule an appointment or you are meeting with the attorney for the first time, questions you should ask. Also, if you’ve had an attorney for years doing your estate plan it would be a good thing to touch base and ask them these questions to determine if that would be an appropriate person to continue to handle your estate plan.
 

1. How long have you been in practice?  This would be a good question to ask every attorney. It doesn’t mean that if they haven’t been practicing long that they aren’t a good attorney. It does give them the opportunity to explain their journey and why they are choosing to do the area of practice that they are in.
2. Does your firm emphasize your practice in a particular area of law?  For example, our office, we are focused on estate planning and elder law planning. We want to make sure that we are always staying current on what’s happening. We always encourage clients to partner with an attorney who does focus on estate planning or elder law planning.
3. What percentage of your practice is devoted to Elder Law or Estate Planning?  If you have a general practitioner who’s representing you, they could be doing a fantastic job. You just want to know do they spend a lot of time in this area.
4. What organizations or associations are you a part of?  There are a couple of really important organizations for elder law or estate planning attorneys. The first one would be NAELA (National Association for Elder Law Attorneys). Each state has a subchapter. For example, Pennsylvania has PAELA (Pennsylvania Association Elder Law Attorneys). PAELA provides an opportunity for elder law attorneys to get together and learn. Typically, the PAELA provides continuing legal education credits that are offered through that organization. That’s also usually a good indication because there is membership fee so if the attorney that you are meeting with is paying to be a part of this organization it because they really value that particular area. 
5. When was the last time you handled an elder law matter or an estate planning matter?  If you’re dealing with an attorney that does all different types of law knowing when the last time, they met with a client to discuss this topic is really helpful.
6. How many elder law matters do you handle yearly? The law is always changing so it’s very helpful to have somebody who is handling a certain number of cases. There is no hard and fast rule about this, it’s just making sure that they’ve handled some that year, so they know if there are any law changes.
7. Do you offer home visit for clients? A lot of times when we are dealing with elder clients, we’re willing to go there to meet with a client in their home, if they have mobility issues so they don’t have to come into the office and have to navigate all of that. You want to ask your attorney if they are willing offer home visits. 
8. Is your office easily accessible for elderly clients? Are there stairs? Is there an elevator? Is there a ramp?
9. Have you visited any of the area nursing facilities?  Do you actually go to those facilities to meet clients? That would be helpful to know.
10. How many pages is your Financial Power of Attorney document?  Again, it doesn’t mean that there has to be a particular number of pages but asking the attorney about how long the financial power of attorney is going to let you know how much detail the provide in that document.
11. Is the Health Care directive one document or multiple documents?  You should ask them why they prefer that whatever is their preferred method of provide documentation. 
12. Do you preplan for clients to protect assets while accounting for a look back period?
13. Do they use basic estate planning? Do they use trusts? Are they will-based plans?  What are their thoughts on trusts versus wills? 
14. How many trusts do you typically draft yearly?  If you’re going to have someone recommending a trust to you, you want to make sure they are well versed in the area of trust law.
15. Do you prepare tax returns for any of the trusts you prepare?  Here in our office, we do not.  We do refer it out to an accountant.  The reason why we do that is because we really want to have the team approach so that we an accountant and a legal professional.  We really feel like our clients are getting the best representation that way.  That doesn’t mean that you don’t want an attorney who prepares tax returns, it just means finding out what do they offer and why do they feel that way.  In our case we want to make sure that we’re bringing the tax professional in and having them as part of the conversation.  We don’t particularly prepare the tax returns, but we do work very closely with the accountant or the tax preparer that you may have, or we can recommend an accountant or tax preparer.
16. How do you bill?  Is it an hourly fee or a flat fee billing?  In our office we are flat fee when it comes to estate planning. That way we don’t have to charge every call, every email, every visit, we know about how long it takes, and our job is to make sure every client feels comfortable and understands the estate plan that they have in place.
17. Is the funding done by your office or does the client have to fund any trusts that they would create?  In our office we do the majority of the funding as long as you are willing to provide us with the company and the account information, we are willing to help you fund the trust.  Some law firms don’t do that, but they do offer tips or recommendations regarding funding so just finding out how that law firm handles that is helpful and what do you want, do you want to fund it, or are you okay with the law firm taking on that responsibility.
18. How do you determine the best plan for each client? Make sure that you are comfortable with how they are determining the best recommendations for you.
19. Do you have a continuity program or are they going to do a periodic maintenance check?  At our office we always recommend check-up. That can be via phone, virtually or in person. We do not charge for that. What we do is we meet with the client so we can update them on any tax law changes or any law changes that happened throughout the year so the client can update us on what’s happening in their lives. Our goal is to make sure we offer the best recommendations to the client. We typically do not charge for that. We do charge if there are any updates that need to be made. We always disclose that amount upfront to the client if we make this change. That’s fair to the client so we can make sure that they understand what we are recommending, and they understand what we would be charging for.

 
If you have any additional questions that I have not answered please feel free to contact our office and schedule an appointment. 

                          ​What if I’m appointed executer, do I have to furnish bond in order to serve in that position?
In Pennsylvania, one of the important reasons to have a last will and testament is that in the will, you can specify that your executor does not have to furnish bond in order to act as the executor and handle the assets in the estate.  To the extent that the will doesn’t provide that your executor is not required to furnish bond, then the executor may be required to obtain bond in order to handle those assets in the estate.  Our office did have a situation where the beneficiary was also the executor, and when dad had passed away, dad died without a will, and the beneficiary lived out of state.  In that case we had to get the executor appropriately bonded in order for him to be able to be appointed as executor.  We were able to work through a local insurance agency here in Waynesboro to be able to get him bonded.  The executor filled out the appropriate application, paid the appropriate fee, and then he was able to be appointed as the executor of dad’s estate.  One of the reasons that you want to have a last will and testament that states that your executor doesn’t have to furnish bond is so that you can eliminate that hassle and that expense during the estate administration process. For additional information please contact our office. 

                 What if my spouse dies, do I need to retitle any jointly owned real estate?
We sometimes will have husband or wife pass away and the primary residence may have been owned by husband and wife.  If one spouse passes away, under Pennsylvania law real estate does not need to be re-deeded to remove the deceased spouse’s name as long as the deed shows it is owned by husband and wife together. In Pennsylvania jointly owned real estate, passes 100% to the surviving spouse without a new deed.  If the surviving spouse would ever sell the real estate or at the death of the second spouse, the provisions of the deed would note the first spouse’s date of death and explain 100% ownership vested in the surviving spouse.  If you have additional questions, please contact our office.