Estate planning e book by John D'Onofrio

ESTATE PLANNING FOR MODERN TIMES

John A. D'Onofrio, Esq.

Profile - Attorney John A. D'Onofrio

Attorney D'Onofrio has been a licensed attorney for 34 plus years and is currently licensed by the Pennsylvania Supreme Court and the Pennsylvania Insurance Department. In 2010 Attorney D'Onofrio was awarded the Jefferson Award, a prestigious national recognition system founded by the late Jacqueline Kennedy Onassis, honoring community and public service in America. He was featured in the Pittsburgh Post-Gazette for achieving this honor.

Profile - Attorney John A. D'Onofrio At the onset of his career, Attorney D'Onofrio was a law clerk at the international law rm of Fulbright and Jaworski in the rm's Houston, Texas headquarters where he was mentored by the late Leon Jaworski. A partner in the rm, Leon Jaworski served as Chief of the Trial Section of the War Crimes Branch of the Judge Advocate General's Department during World War II. He was also Assistant to the Attorney General of the United States in the 1963 civil rights case involving James Meredith's admission to the University of Mississippi, and then as Watergate Special Prosecutor, 1973-74. Following his clerkship with Fulbright and Jaworski, Attorney D'Onforio was an intern with the Harris County, Texas District Attorney's Of ce in Houston where Attorney D'Onofrio served rst in the Misdemeanor Division of the District Attorney's Of ce presenting 40+ cases per day for plea bargains, hearings, and trials. Eventually Attorney D'Onofrio was transferred to the Grand Jury Division where he presented 850+ cases to the Harris County Grand Jury. In 1985, after a brief stay in Brussels, Belgium where he self-studied international law, Attorney D'Onofrio opened his own law of ce in Houston, Texas as a private practitioner. When he rst commenced the private practice of law, Attorney D'Onfrio handled criminal cases, personal injury cases, bankruptcy cases, and estate and probate matters. While practicing in Houston, Attorney D'Onofrio had the distinction of being the attorney of record for Charles M. Hall in the-then largest individual bankruptcy in U.S. history. Attorney D'Onofrio successfully assisted Mr. Hall, an oil man and entrepreneur, in discharging $149 Million in personal debt. The case was finalized in July 1987. After sustaining injuries in an accident in 1987, Attorney D'Onofrio moved to Pittsburgh, Pennsylvania to be closer to his family while undergoing speech and physical therapy for his accident injuries.

Profile - Attorney John A. D'Onofrio Upon moving to Pennsylvania, Attorney D'Onofrio suspended his license to practice law in Texas and became licensed to practice law in Pennsylvania by the Pennsylvania Supreme Court. Attorney D'Onofrio is also licensed to practice in Federal Court. Attorney D'Onofrio now limits his practice of law to estate planning, asset protection, elder care law, special needs planning, trust administration and settlement, and probate administration. Attorney D'Onofrio is a regular speaker at Special Needs Planning and estate planning seminars. Attorney D'Onofrio incorporated his practice in 2010 and his law of ce is now known as D'Onofrio Law Office, P.C. The various organizations that Attorney D'Onofrio is a member of is inclusive of: Pennsylvania Bar Association Christian Legal Society Academy of Special Needs Planners National Academy of Elder Law Attorneys Pittsburgh Airport Area Chamber of Commerce Attorney D'Onofrio graduated with a B.A. from Mercyhurst University in Erie, Pennsylvania and a J.D. from South Texas College of Law in Houston, Texas. John D'Onofrio is the former President of Good Shepherd Legal Foundation. The services that John provided on behalf of Good Shepherd Legal Foundation were featured in Allegheny West Magazine.

Estate Planning Do you need an estate plan? Do you need an estate plan? Yes, absolutely. Everyone can bene t from having an estate plan, and this is especially the case for individuals who are married, who have children, who own a business, or who have any measurable assets such as a home, life insurance, retirement accounts, and cash in bank accounts.

Why I am qualified to help you: I have over 34 years of experience I am a member of the Academy of Special Needs Planners, and the National Academy of Elder Law Attorneys, Inc. I frequently speak before other attorneys on special needs and estate planning topics I received the Jefferson Award for my community and public service

Estate Planning I have been a licensed attorney for over three decades and am experienced in creating estate plans for clients ranging from young couples with few assets to wealthy business owners and professionals. I will advise you on the best strategy for your estate plan based on your needs, goals, and objectives. Once I know about you and your family-and business, where appropriate-I can make certain you have the proper, most current legal documents to t your individual circumstances.

Changing Beneficiary Designations It's a good idea to review your estate plan every two to three years to see if your estate plan still makes sense, given changing circumstances. Have you married or divorced? Have you re-married and your new spouse has children of his/her own? Has your income or business grown substantially? Have you had children? These are common life changes that may signal a need to change terms in your current will or trust. My services include the following: General Durable Power of Attorney Living Wills Guardianship and Conservatorship Testamentary Trust Living Trust Special Needs Trust Irrevocable Life Insurance Trust Charitable Trust Dynasty Trust (Asset Protection Trust) Probate Administration Trust Administration Trust Settlement Preparation of Federal Estate Tax Return Preparation of Commonwealth of Pennsylvania Inheritance Tax Return Wills & Trusts

Estate Planning Shielding Your Assets from Creditors & Lawsuits Once I know more about your speci c situation, I will make the appropriate recommendations for other estate planning documents suitable to your needs. When you are facing threats to your home, car, and investments, it can be a scary time. Having an asset protection plan for your property allows you to live in peace. Anything you own that is of some monetary value might be seized by creditors or courts. An asset protection trust may be able to provide you with the control you would need to prevent your assets from being seized. Whether you want to protect your personal property or your business, I am prepared to help you create an effective plan for the future.

Advanced Estate Planning Once I am fully aware of your needs, goals, and objectives and I have met with you and discussed with you all aspects of your current living situation and business affairs, I will be better informed to devise a proper estate plan for you. This plan may consist of many of the items listed above without limiting our imagination or desire to see you and your loved ones properly protected. Whether you want to designate someone to pay your bills, manage your affairs, or consult with your medical care providers if you become incapacitated, I can help you draft the plan that you will need. If you have a larger estate with more dif cult problems associated with your lifestyle and business affairs, I can help you with the plan suitable to your situation.

Wills Planning for the Future of Your Estate When you are planning for the future of your family and loved ones, there are several different options you can choose from in your estate plan. I have been helping clients create meaningful estate plans for more than 34 years. I value my clients' input and their preferences, allowing them to voice their goals and objectives for the future. Each individual has a different asset base and family circumstances and will need to create a plan for their unique needs. As an attorney with a vast amount of experience in estate planning and probate law, I understand how each element of your plan will affect future recipients. Upon your passing, your family will be left with the responsibility of distributing your assets. They may deal with it directly or be required to appear in court for probate purposes, depending on how you set up your estate. If you are interested in receiving legal support for your estate plan, contact my law of ce today. I will work with you to design a plan that ts your needs and helps you pursue your goals. If you decide to include a last will and testament in your estate plan, it is important to understand that wills are the foundation of many estate plans. A will is used to provide instruction for the distribution of a person's property after they have passed away. You can also use a will to name an executor and designate a custodian and guardian for minor children. If you want to leave instructions on how to pay for debts and taxes, you can include that in your will, as well. When a living trust is created, it is necessary to have a will as a backup-this type of will is called a pour-over will.

Wills What are the benefits of having a will? You can select your heirs You decide who gets what and when You can nominate a guardian for minor children You nominate an executor to settle your estate when you pass You can make charitable donations You can bequeath assets to close friends and/or distant relatives You give someone legal authority to make decisions for you in the event of incapacitation A will can sometimes be helpful for individuals with fewer investments, who just want to have a simple document explaining how their property should be handled and distributed. If you have more assets, your loved ones will have to go through probate courts to receive any property. In this case, I would suggest my clients consider a living trust, which protects from probate court proceedings.

Living trusts or wills can never be created too soon, which is why it's important to discuss your situation with a lawyer. If you would like more information on how I might be able to help, contact D'Onofrio Law Of ce, P.C. today. I always offer my clients a complimentary initial consultation. Contact my law of ce today to discuss your future plans with a free case evaluation! I service Moon Township, Allegheny County, Beaver County, Washington County, Butler County, Westmoreland County and all of Western Pennsylvania and , like an old-fashioned country doctor, I make house calls! Contact my law office today to get peace of mind.

Powers of Attorney Why Do I Need a Financial Power of Attorney? When you are creating an estate plan to prepare for the future, it is crucial to address who will handle your affairs for you in the event you become incapacitated or otherwise unable to handle your own affairs. As an estate planning lawyer with over 34 years of experience, I strongly recommend you have a general durable power of attorney as part of your estate planning documents. A power of attorney is a legal document that lets you name someone that you know, love, and trust to manage your nancial affairs if you become physically or mentally incapacitated. Your agent under your power of attorney is authorized by you to perform any task in your place and in your stead and on your behalf. As a Pittsburgh estate planning attorney who provides legal services throughout Western Pennsylvania, I know your estate plan is only as effective as you make it, which is why I encourage clients to be as thorough as possible. Including a power of attorney alleviates your family from stress and pressure, as it appoints someone that you chose to handle your affairs in the event that you are incapacitated.

How should I choose my agent? A power of attorney gives an individual control over your personal assets and monetary assets. Thus it is very important that you chose your agent wisely. Most married couples will appoint their spouse as their initial agent. In the event the initial agent is unable or unwilling to serve under the power of attorney, then in that event a person that you know, love, and trust should be appointed as your successor agent.

Powers of Attorney When will my financial power of attorney end? Upon your death. When you revoke the durable power of attorney. When your spouse is your agent and you get a divorce. On rare occasions, when a court invalidates the document because you were not mentally competent at the time you signed it, or you were a victim of fraud or undue influence. No agent is available. To avoid this from occurring, you can name an alternate agent in your document. Should you fail to sign a power of attorney and thus fail to appoint an agent to handle your affairs, a loved one would have to petition the court to be appointed as the guardian of your person and your estate so that your affairs are handled in a prudent and timely manner. Your power of attorney document is a vital piece of your estate plan, ensuring that your needs are met when you are unable to take care of them yourself. If you want a power of attorney included with your estate plan, enlist the services of D'Onofrio Law Office, P.C.

To start planning for your future, schedule a complimentary initial consultation today. For further information on how I may be able to help you draft a nancial power of attorney, contact my law office. I service Moon Township, Allegheny County, Beaver County, Washington County, Butler County, Westmoreland County and all of Western Pennsylvania and , like an old-fashioned country doctor, I make house calls! Contact my law office today to get peace of mind.

Living Wills If you are injured or suffer an illness restricting you from making conscious decisions about your healthcare treatment, someone will have to make them for you. When you draft an estate plan, you can create a living will that dictates the type of treatments you'd like to receive and who should be overseeing your care. This document makes it possible for a health care agent to decide on matters you may not have addressed. They will have the nal deciding power on your medical care, ensuring you receive the best possible treatment. While creating an estate plan to protect your property is bene cial to your family, leaving a plan for your appointed health care agent is also important as it is bene cial to you! You can trust your wishes are being followed when you leave a direct and clear map as to how you want to be cared for. It also allows your family to be at peace with the nal decisions of your treatment, knowing that they won't have to debate amongst themselves. When you have signed a living will prior to your needing medical assistance of any nature, it creates a better opportunity for you to receive the treatment you need, while eliminating stress for your family.

What happens when you become incapacitated? If you are no longer able to make your own decisions about treatment, your designated health care agent will be responsible for doing so. This means that you can also include speci c details about what type of care and treatment you would like to receive. If you feel strongly against certain treatments or believe some procedures to be unethical, it is vital that you include these details in your living will. Your living will can include any healthcare declarations you want. For example, you may wish to restrict life-prolonging procedures like CPR or dialysis. When you include this in your living will, your agent will alert doctors that you do not want to receive resuscitation treatments if you are no longer responsive. Other life-prolonging treatments you may want to exclude:

Living Wills Blood transfusions Diagnostic tests Administration of drugs Surgery and respirator treatment

If you would prefer to exclude all life-prolonging treatments, your living will can designate that as well. You may also want to specify what type of palliative care you wish to receive. Even if you elect to exclude life-prolonging treatments, you can still receive palliative care to alleviate your pain. This will allow you to pass peacefully, while experiencing a natural death. This allows a patient to enjoy the last moments of life, rather than pursuing potential cures and prolonging the timing of death. If you do not include speci ed preferences, your health care agent will be able to select what type of treatment or care you receive. This relative, family member, or friend should be someone who you can depend on and trust to adhere to your final wishes.

If you have more questions about living wills, contact my law office to schedule a complimentary initial consultation!

Living Trusts IS A LIVING TRUST THE RIGHT DOCUMENT FOR YOU? LIVING TRUSTS AVOID PROBATE AND HAVE OTHER BENEFITS

Revocable trusts, commonly called "living trusts," are an effective estate-planning tool for avoiding the costs and hassles of probate, preserving privacy, and preparing your estate for ease of transition after you die. A trust is a legal document that authorizes a trustee, who can be the grantor (or the creator of the trust), to hold title to and manage assets. The grantor retains the ability to revise the trust up until death.

Living Trusts Unlike in a will, assets in a living trust will generally pass to heirs sooner. Although probate in Pennsylvania is a very easy process, having a living trust does have advantages. Transferring assets into a trust could save months and thousands in legal fees - please note that this is not cookie-cutter, i.e. every case is different and whether you should have a will or a living trust depends on your speci c needs, goals, objectives, family dynamics, and types of assets you own, among other factors. Aside from easing the burden and cost to loved ones, there are a few facts about living trusts that might surprise you. For example, did you know that the limit for Federal Deposit Insurance Corp. protection on bank accounts within a trust is higher than it is for an individual? Or, that certain assets should not be titled in the name of the trust? Assets with named bene ciaries such as pay-on-death bank accounts, retirement accounts, and life insurance policies will usually pass directly to bene ciaries without going through probate. For that reason many people don't title them in the name of the trust. But in some cases it makes sense to name the trust as the primary bene ciary. For example, if you name your child as primary bene ciary on a life insurance policy and that child is under legal age when you die, guardianship may be necessary to hold the proceeds. But if the trust is the bene ciary, you can specify exactly how and when you want the money to be distributed to that heir. Care must be taken in determining whether or not you should name a trust as bene ciary of retirement assets because it is easy to make costly mistakes. If not handled properly, income tax on the IRA proceeds could be accelerated.

Living Trusts Typically, an individual receives FDIC protection against losses on bank accounts, up to $250,000 per account. But many older people are invested conservatively, with much more than that in bank accounts. With a living trust, they can maintain those accounts and still be federally insured. According to the FDIC, each named bene ciary in a revocable living trust adds an additional $250,000 in protection. When 5 bene ciaries are added, the total trust protection maxes out at $1,250,000. If the Living Trust is a joint trust, i.e. both husband and wife are the Grantors, then in that event the FDIC insurance is $250,000 per bene ciary times 2 or $500,000 per bene ciary for the rst ve bene ciaries for a max of $2,500,000! This alone is a good reason to have a living trust and well worth the reasonable fee that you would be charged to have the trust drafted. In the case of 6 or more bene ciaries, each bene ciary adds the $250,000 in protection, but only if they each have an equal interest in the trust. If not, the limit on protection varies, so discuss this matter with us if you plan to name more than 5 beneficiaries.

TRUSTS ARE PRIVATE Privacy is one of the bene ts of a living trust. Because the trust does not go through the court probate process, it is not part of the public record. A will is public, however, and available to anyone who requests a copy from the courts. In a living trust, bene ciaries are entitled to a copy of the trust after the grantor's death.

Living Trusts But there is a situation where terms of the trust could also be opened up to all interested parties, even bene ciaries who have been disinherited. If an heir or a disinherited party contests the estate and sues the trustee in court, in the course of discovery, the parties will get a copy of the trust. If the trust document is part of the court record, it likely would become public. Even so, the trust is much more private than a will because it is not available to the public except in cases of litigation.

YOU STILL NEED A SPECIAL TYPE OF WILL EVEN IF YOU HAVE A LIVING TRUST Creating a trust doesn't get you out of writing a will. Sometimes clients think they only need a living trust, but they need a pour-over will as well. A will is necessary for naming guardians for minor children, which you might not be able to do in a living revocable trust without making it a public document if you have minor children at the time of your death. If all of your assets are not titled in the name of the living trust at the time of your death, certain assets may need to go through the probate process to be poured into your trust after your death. A Revocable Living Trust may diminish or even avoid the amount of Federal Estate Tax due and owing at the time of your death if properly drafted using Credit Shelter Trust and Marital Deduction Trust clauses. A Revocable Living Trust will not avoid Pennsylvania State Inheritance Taxes. However, an Irrevocable Trust may avoid both Federal Estate Taxes and Pennsylvania State Inheritance Taxes if drafted properly and managed properly. Just ask me for more details on this matter.

LIVING TRUSTS AND YOUR CHILDREN

LIVING TRUSTS As we all know, each of our children are different. Some are very thrifty and good with money and others are the proverbial sailor on payday. You will be able to literally manage your money from the grave with a Living Trust. If you donâ&#x20AC;&#x2122;t want your children to receive all of their inheritance in a lump sum immediately upon your death, you may have the trustee disburse the funds in staged payments. As an example you may leave your money to your children upon them attaining certain ages such as 25, 35, and 45. This is not being harsh, this is being a loving parent. The child will be just out of college/grad school at the age of 25 and the rst installment will be a start in life. At 35 he or she may be married and this disbursement may assist with a down payment on a new home, mortgage payments, or their childrenâ&#x20AC;&#x2122;s education needs. The last disbursement at age 45 will hopefully be set aside and last your child into their golden years. In the event your child has a valid need prior to attaining a disbursement age, your trustee will have the discretion of paying for the childâ&#x20AC;&#x2122;s health, education, maintenance, and support. The monies disbursed prior to a disbursement date will be accounted for and deducted from the next disbursement.

Living Trusts Other Types of Trusts

There are many different types of trusts, some of which include: Asset Protection Trusts By-Pass Trusts Credit Shelter Trusts Dynasty Trusts Life Insurance Trusts Special Needs Trusts Spendthrift Trusts Testamentary Trusts

Trust Administration Legal Assistance for the Trustee When a loved one creates a trust for their property, it means they have set up protection for their assets. A trustee is responsible for ensuring these assets are distributed or cared for as directed by the trust. Most individuals create a trust that clearly maps out how to distribute their estate, and at what time. The trust will not be able to avoid taxes, other than by the use of a Marital Deduction Trust and Credit Shelter Trust clauses and features, meaning the trustee will need to maintain records and pay the correct taxes. They must be able to understand all of the legal obligations and regulations surrounding the trust. Most trusts include speci c bene ciaries who will receive some of the assets. These individuals will have the right to inquire about the trust, requiring the trust administrator to provide an accurate report. By maintaining detailed records, trustees can ensure they avoid lawsuits or fraudulent claims. When you are selecting a trust administrator, it is very important that you can trust them and rely on their legal expertise.

Offering Trust Administration Services You can choose a family member, relative or even lawyer to be a trust administrator. If you are looking for a skilled Pittsburgh lawyer who provides legal services throughout Western Pennsylvania to hire as your trustee, I am capable of providing you the services you need. With more than three decades of experience, I understand how to maintain a trust and keep bene ciaries informed in a timely manner.

Trust Administration Duties of a Trustee Whether you use a lawyer or a family member, trusts require speci c actions by a trustee, including: They need to keep an accurate account of records and nancial standings, as well as update all of the beneficiaries on current information. They need to file tax returns and make sure any taxes are paid in full. When the trust directs it, they will be required to distribute the income and handle any other expenses. If you have young children or a loved one with special needs, you may want to set up a special needs trust which is discussed elsewhere on this site. By having a trustee, you can ensure your loved ones get the nances they need at the right time. When you provide for their nancial future, you allow them to live comfortably. You may also designate a certain amount of funds that should be invested into different properties or stocks. When you enlist my services, I will consult with you to design a plan that ts your preferences. Whether you want to create funds for your young children or set up an inheritance for generations to come, I have the experience to help. When you elect a Pittsburgh estate planning lawyer who practices throughout Western Pennsylvania to administer your trust, you are able to speci cally designate how your family will be supported. You can also rest assured that your taxes and other legal concerns will be handled with professional skill.

If you need to set up a trustee for you estate plan or trust, contact my law of ce today. You can also schedule a complimentary initial consultation.

Guardianship Matters in Pennsylvania Once an incapacitated person attains the age of eighteen in Pennsylvania, they are deemed legally emancipated. This means that they are considered to be an adult and will be allowed to make their own decisions, regardless of disability issues. Therefore, their safety may be at risk if they are not capable of making wise decisions regarding health and nancial issues. In this situation, it's practical for a family member or parents to petition the court to be appointed as a guardian. This means that they will be looking after the loved one with special needs, as well as their estate. If your special needs child is now considered an adult in Pennsylvania, don't wait any longer to petition the court for guardianship. At my law of ce, I understand how dif cult it can be to pay for court expenses and attorney fees. Hiring a Pittsburgh estate planning attorney who services the Western Pennsylvania area can be very important for your case's success. For this reason, my attorney fees are discounted, keeping special needs families' costs down. Why hire my firm? My clients will never be charged hourly for guardianship matters, I charge a flat fee of $3,500 for guardianships. I will work with you to prepare your case quickly and ef ciently, ensuring that your special needs child or family member is taken care of. When you enlist my services, I will do everything I can to secure a successful case result. When you meet with me to begin the legal process of gaining guardianship, I will review your special needs child's social services documents and guardian questionnaire. Any legal research that must be performed for your speci c case will be handled timely and ef ciently. Once I have reviewed any social service reports, school reports, doctor's and/or psychiatrists reports, as well as reviewed the information which you provided to me in the guardian questionnaire I will ask you to complete, I will le the guardianship petition and the remaining ancillary documents needed.

Having an extensive amount of experience, I understand the different elements needed to secure guardianship for parents, relatives, or other appropriate parties. I will help your case by doing the following: I prepare and serve all of the required notices, ensuring all interested parties are aware of the guardianship petition and of any scheduled hearings. When it comes to scheduling a hearing with the court, I will le the motions or documents needed to secure a date as soon as possible. Once you have been appointed as guardian, you will need to le an inventory of all of the assets titled to the alleged incapacitated person with the court, including subsequent annual accountings of their estate and of their person. Filing all these forms in a timely matter is very important to ensuring continuation of your appointment as guardian. It will also be necessary for me to consult with the loved one's doctor or physician and to take their deposition.

Why the Doctor's Deposition is Important The nature of the doctor's deposition is usually as follows: I will ask the doctor a series of questions after he has been sworn in by a court reporter. The rst questions will establish the doctor's educational background and expertise in his or her field. The second portion of the deposition will be questions which I will ask the doctor to determine whether or not the alleged incapacitated person is impaired to the extent that they are unable to maintain their own physical health and safety. The doctor will also testify as to the alleged incapacitated person's ability to receive and evaluate information effectively and communicate decisions or are they too impaired to allow them to manage their own nancial resources. There m u s t also be an imminent danger that the special loved one will be unscrupulously taken advantage of without being aware of it.

If you have any more questions about the legal requirements for guardianship or petitioning, please contact my law of ce today. Due to the uniqueness of every case, I offer a complimentary initial consultation.

Special Needs Trusts and Planning The most frequent question that I receive as an estate planning attorney is, "What will happen to my special needs child if something happens to me?" Parents specifically want to have answer to the following: Where will my special needs child live? Who will take care of my child on a daily basis? How will my special needs child get to doctors' appointments, school, or to other activities? Who will provide for my special child's housing, clothing, food, and medical needs? There is a solution to these fears. Special needs parents have the option to designate support and protection for their child through a special needs plan in advance. Keep in mind that, unlike a healthy child, a special needs child will not be able to fend for themselves, thus making it necessary to develop an effective plan. A proper special needs estate plan consists of a last will and testament, general durable power of attorney, and a living will for each parent. I will also work with you to create a special needs trust and other ancillary documents. Together, these documents will create nancial provisions for the care and support of your child and designate a guardian or custodian for any minor children.

Designating the Trustee For your special needs trust, you will have to designate a trustee to manage it, ensuring that the trust bene ts your child as per the terms and conditions of the trust. When the documents are properly implemented, the documents will guarantee that your special needs child will not lose their government benefits.

Special Needs Trusts and Planning A special needs trust will work alongside government bene ts, allowing your child to maintain eligibility for support. Knowing that your loved one with a disability will be cared for nancially and medically allows you to live at ease. Designating someone you know, love, and trust to serve as a trustee of the special needs trust is bene cial, as they can use discretion over how your money is spent to benefit your loved one. This is helpful since the special needs individual may not be able to make nancially wise decisions and the special needs trust will prevent them from losing government benefits. Some of the benefits of a special needs trust, include: All of the goods and services your special child or loved one needs will be paid for through the trust at the approval of the trustee-based on appropriate following of government guidelines. Almost every type of property can be included in a special needs trust, including real estate, a business, jewelry or other valuable goods. The important thing is to ensure that your loved one has enough money to pay for their basic needs and other enjoyable pastimes. It is important that the trustee follows the federal and state guidelines pertaining to the administration of special needs trusts to make certain that neither the trust funds nor any government benefits are compromised. Again, you will only pay the discounted fee of $2,500 for a complete and comprehensive special needs estate plan as fully outlined above.

Probate Navigating Executors Through Probate The probate process can be very time consuming, costly, and public. Family members can become easily vexed when they are stuck in court after a loved one has recently passed. A formal probate proceeding can be handled by a skilled lawyer with ease. I have been working with clients for more than 34 years, ensuring that their probate case is handled as ef ciently and professionally as possible. While going through probate during such an emotionally challenging time can be dif cult, I always aim to provide my clients with compassionate and caring support. When you enlist my services, you can rest assured the probate process will be carried out in a timely manner. When there is no will for an estate, there must be a petition for probate, or distribution of the deceased's assets. My law of ce is prepared to help with a variety of probate concerns. Whether the property quali es for simpli ed probate or is required to go through regular probate, I have the experience to guide you through the process. If you are looking for effective legal support, contact D'Onofrio Law Office, P.C.

Probate What does probate involve? While the whole purpose of probate is to legally distribute property and avoid any abuse from relatives or creditors, it can lead to more frustrations if not handled ef ciently. I always work with my clients to help them enjoy a smooth process, cutting down the amount of time that they must spend in court. I offer a variety of services involving probate. The duties of the personal representative include, but are not limited to: When the process begins, the personal representative is required to notify the heirs and bene ciaries of the estate. Due to the nature of probate court, you must also notify the general public that the proceedings have begun. Any potential creditors must also be alerted. By publishing a legal notice in local newspapers and in legal journals, you will accomplish this. Debts and taxes against the estate are paid. Accountings are provided to the court. After the liabilities are paid, the remainder is distributed among the rightful beneficiaries. I help clients draft the above legal notices, ensuring that they supply all the required information. In Pennsylvania, anyone who is not a surviving spouse will have an inheritance tax imposed on the assets they receive from the distribution process. The only entities exempt from this are charities. There won't be a federal estate tax on any property under a certain amount.

Federal Estate Taxes and Pennsylvania Inheritance Taxes Will your estate have to pay? Every Pennsylvania estate will have to pay either federal estate taxes and/or Pennsylvania Inheritance Taxes.

Pennsylvania Inheritance Tax In the Commonwealth of Pennsylvania, inheritance taxes are determined by who the beneficiary is. A spouse inherits from a spouse tax-free; A lineal descendant (children, grand-children, etc.) must pay a 4.5% tax on their inheritance; A sibling must pay a 12% tax on their inheritance; and Any other third party must pay a 15% tax on their inheritance. Depending on a charities tax-exempt status, most charities do not have to pay inheritance taxes in Pennsylvania on the bequest that they receive. The Pennsylvania Inheritance Tax Form must be prepared, led, and taxes paid within nine months of the date of death. If the tax form is prepared, led, and taxes paid within ninety days of the date of death, you will receive a 5% discount on the amount of inheritance tax due and owing.

Federal Estate Tax In calendar year 2014, everyone receives a $5,340,000 federal exemption on estate taxes. This means that at the present time, federal estate taxes are only due and owing on estates larger than $5,340,000. When you retain my services, I will review your nancial situation and determine what options are best for your estate. There may be methods to help you properly avoid and/or reduce federal estate taxes.

Federal Estate Taxes and Pennsylvania Inheritance Taxes Each individual's nancial situation will be different, which is why I am dedicated to closely examining your speci c situation. I will research your deductions and exemptions to ensure that your family receives as much money as possible from your estate. There are several exemptions and deductions that your property might be eligible for, including the following: Personal estate tax exemptions Marital deductions Charitable deductions Property that is left to a tax-exempt charity will not have to pay any estate tax, as well as any property that is left to your spouse. There will be allotments of personal exemptions, up to a set dollar amount, that your property might qualify for as well. No matter what nancial situation your estate is in, I will work with you to find a solution for your tax concerns.

Contact my office to learn more about estate taxes! My goal is to ensure that your estate is left behind to those who need it. I have worked with numerous clients to successfully secure exemptions from their estate taxes, providing more nances for their loved ones. Contact my law of ce today to discuss your financial situation.

Testimonials Noreen and John | Pittsburgh, PA Client's rating: 5 of 5 John was extremely helpful to us when we established a 3rd party special needs trust for our son with Down Syndrome. It was so comforting and reassuring to know that we were using someone very compassionate and knowledgeable in this area. John was very inclusive of our family when he explained the details of the trust and respectful of our son when he wanted to be involved in the process! We highly recommend John and his team!!

Rhonda, Joe Merhaut, & Family | Gibsonia, PA Client's rating: 5 of 5 I am writing to thank you for your help in planning for our daughter's future. Trying to plan for the future of a child or young adult with special needs is a very important and emotional endeavor. Thank you for making us feel at ease with the process of creating the Third Party Special Needs Trust and providing its explanation, the Health Care Directive and guiding us through the process of Guardianship. Your knowledge and organization helped us make the decisions we needed to in order to assure proper care for our daughter in the future. As parents who want only the best for their child, we cannot thank you enough for your assistance, guidance and representation throughout this process.

Testimonials Keely McCullough | Allison Park, PA Client's rating: 5 of 5 I was extremely grateful to nd Attorney D'Onofrio. Being a single mother of a disabled child, I had no clue where to even begin with preparing a Will and all a document like that entails, but I needed to have peace of mind in knowing my daughter would be cared for should something ever happen to me. John D'Onofrio's services guided me through what needed to be done, and he informed me of other things that should be done as well, such as setting up a Special Needs Trust. I would have never been able to afford legal fees to accomplish these things, and with many thanks to John D'Onofrio, that burden was removed from my shoulders. I now have peace of mind in that I have a Will, Power of Attorneys, a Trust account for my daughter... everything I need to ensure that if I am unable, I have someone to speak for me and care for my daughter and I couldn't be more thankful. The work that John does for families coping with children of special needs is beyond words. You are a true blessing!

Mike and Chris Sherry | Cranberry Township, PA Client's rating: 5 of 5 Knowledgeable, understanding and passionate when it comes to helping families with special needs children. John speaks to you in a way that makes a complex situation understandable. John is truly dedicated to helping the special needs community. My wife and I are extremely satis ed and blessed that John came into our lives. I would highly recommend John D'Onofrio for all of your estate planning needs.

Testimonials David A. Haines | South Park, PA Client's rating: 5 of 5 When my wife passed away I became concerned about what would happen to my disabled daughter in the event of my death. I wanted to be sure that what little I have in the way of funds would go to her with minimal impact on any government funds (i.e. Social Security, Medicare) that might become available to her. I was advised to have a "Special Needs Trust" set up for her. I contacted a couple of local attorneys who provided unsatisfactory responses. An acquaintance whose son has the same disability as my daughter provided me with information that led to my contacting Attorney John D'Onofrio. My daughter and I met with John on two occasions and provided him with the necessary legal information. John then promptly provided us with the following legal documents: a Special Needs Trust and a will for my daughter, and for me - a will, a living will and a power of attorney document. In addition, John gave us instructions on how to provide the necessary documents to health care providers and to our bank, where a special account had to be set up for the Special Needs Trust. John is a very congenial person who treated my daughter with respect and courtesy during our two meetings. His of ce is accessible and attractive and the staff was very kind and helpful. I recommend John's services highly to anyone seeking this type of legal counsel.

Testimonials Glenn & Sandy Diedrich | Pittsburgh, PA Client's rating: 5 of 5 My wife and I have known for many years our special-needs daughter needed a Third Party Special-Needs Trust to help meet her nancial needs after our passing. Procrastination and available funding were our excuse for not getting this vital work completed for our loved one. "After our daughter had become a victim of identity theft, we were motivated to act. With a number of calls, we were referred to John through a staff member of The Children's Institute of Pittsburgh. We found John to be very knowledgeable, professional, and kind. He provided us with all the legal documents needed to help support our daughter's future needs, graciously waiving his legal rates and only charging us a nominal at-rate fee. We would recommend John D'Onofrio to any family whose child is receiving SSI funding.

Colleen and Kevin Stripp | Oakdale, PA Client's rating: 5 of 5 Thank you, John, for everything you have done for us in getting legal guardianship of our daughter. From help with all the paperwork to the court hearing, your professionalism and knowledge of the legal system made the process extremely easy for us. Thank you!

D'Onofrio Law Office, P.C. Attorney John A. D'Onofrio 500 Commerce Drive, Ste. 110 412.893.2552 phone 412.893.2546 fax john@donofriolawoffice.com www.donofriolawoffice.com