Retirement accounts and survivor elections need their own review

If you have a pension, employer retirement plan or individual retirement account, locate the actual benefit documents and beneficiary designations. A will does not automatically control those assets. Survivor elections and account-specific rules can be as consequential as the distribution language in your estate plan.

For a couple, consider what income would remain after either spouse dies. For a single person, identify who should manage finances during incapacity and who should receive each account. We can coordinate estate planning with your financial and tax advisers when specialized advice is needed.

An agent needs usable authority before a crisis

A financial power of attorney should be reviewed against the tasks your agent may need to perform. Paying ordinary bills, managing real estate and undertaking more consequential planning transactions are different responsibilities. The document's language and Pennsylvania law determine the available authority.

A health care agent also needs to understand your preferences. Put your wishes in writing and discuss them with the people you select. Naming a backup and ensuring documents are accessible can help a family respond when the primary agent is unavailable.

Long-term care: eligibility is only part of the decision

Families considering nursing-home care often ask whether they must spend everything first. The answer requires a careful review of ownership, income, resources, marital status and the type of care needed. Do not assume that every asset is treated alike or that a spouse must be left without support.

Pennsylvania reviews transfers within the Medicaid long-term care look-back period. A transfer for less than fair market value can affect eligibility, subject to applicable exceptions. The federal gift-tax annual exclusion does not make a gift automatically acceptable for Medicaid purposes.

O'BRIEN LEGAL can assess planning before care is needed and evaluate available options when care is already becoming necessary. The objective is an informed, lawful plan for care and family finances.

Harrisburg estates and families across the Susquehanna

For a deceased person domiciled in Harrisburg, Dauphin County is generally the starting point for probate. A relative living across the river in Cumberland County may have a different probate venue. The location of a hospital or nursing facility does not, by itself, answer every domicile question.

The Dauphin County Register of Wills provides official estate information and online services. Before distributing assets, an executor should identify debts, tax obligations and assets that pass outside probate. We assist with estate and trust administration and help families understand their responsibilities.