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Suburban Life Magazine March 2023

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2021 Top One Percent

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  • 2021 Top One Percent
  • Philadelphia Pa Probate Attorneys Guide
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2021 Top One Percent

Out of more than 900,000 attorneys across the country, less than 1% percent received this prestigious designation.

Mr. John B. Whalen, Jr., Esq. has been honored for excellence as one of North America’s Top Attorneys, an award for continuous professional recognition – an accomplishment realized by the Top 1% of American Professionals.

Lawyers recognized for excellence have remarkable professional accomplishments, great peer evaluations and more. Over 1 million North American lawyers work in businesses, government, and privately in solo practices and firms, large and small.

Of the very small percentage of lawyers who are ever publicly recognized for excellence, just a handful have been selected as a North American Top Attorney.

Mr. John B. Whalen, Jr., Esq. is considered to be one of the best and has achieved this hard-earned recognition.

Philadelphia Pa Probate Attorneys Guide

The Philadelphia Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell products.

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  • 2016 Client Distinction
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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.

Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, and Quora.

John is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.

Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244.

John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

2021 Daily Times

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  • 2021 Best Lawyers Daily Times – Bio
  • 2021 Best Lawyers Daily Times – Link
  • Philadelphia Pa Probate Attorneys Guide
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2021 Best Lawyers Daily Times – Bio

John B. Whalen Jr Esq
Born July 14, 1962
Philadelphia Pa Probate Lawyers

2021 Best Lawyers Daily Times – Link

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Welcome to our Sixth Annual Best Lawyers Readers section. As in the past years we asked the readers of the Delaware County Daily Times to cast their votes for the Best Lawyers in Delaware County.

Whether you’re going through a divorce, a real estate transaction or looking to protect your business, finding a sharp lawyer you can count on is the key.

Through our online voting ballot we received thousands of votes from Delaware County readers and peers who told us who excel at their profession and who they would call on in times of need. Our Best Lawyers list honors those law professionals who have made an impressive and lasting mark in Delaware County. We salute their excellence and applaud their success.

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Please hold on to this and keep it in a safe place, you never know when you will need one of Delaware County’s Best!.

Philadelphia Pa Probate Attorneys Guide

The Philadelphia Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell products.

Related Posts

  • 2020 Daily Times
  • 2018 Daily Times
  • 2019 Daily Times
  • 2010 Awesome Attorneys
  • 2015 Awesome Attorneys

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, and Quora. He is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

2021 Lawyers AV Preeminent

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  • 2021 Lawyers AV Preeminent – Intro
  • 2021 Lawyers AV Preeminent – Peer Review Ratings
  • 2021 Lawyers AV Preeminent – Martindale-Hubbell Peer Review Ratings Surveys
  • 2021 Lawyers AV Preeminent – Martindale-Hubbell Video
  • 2021 Lawyers AV Preeminent – Martindale-Hubbell Video
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2021 Lawyers AV Preeminent – Intro

The Judges have Spoken- Special Edition Judicial Award. John B. Whalen, Jr., Esq. was given the rating from the judiciary, which means that he was deemed to have very high professional ethics and legal ability. Only lawyers with the highest ethical standards and professional ability receive a Martindale-Hubbell Peer Review Rating.

2021 Lawyers AV Preeminent – Peer Review Ratings

The Martindale-Hubbell Peer Review Ratings evaluates lawyers based on the anonymous opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not. The first review to establish a lawyer’s rating usually occurs three years after his/her first admission to the Bar.

In this highly competitive environment for legal services, the Martindale-Hubbell Peer Review Rating is often one of the only means to differentiate lawyers who are otherwise very comparable in their credentials. This is important on a variety of levels – from the in-house counsel trying to determine which one of his outside law firms should be assigned a new matter to the private practice attorney seeking to refer a case to another lawyer with the appropriate expertise in a specific area of practice.

2021 Lawyers AV Preeminent – Martindale-Hubbell Peer Review Ratings Surveys

Martindale-Hubbell conducts secure online Peer Review Ratings surveys of lawyers across multiple jurisdictions and geographic locations, in similar areas of practice as the lawyer being rated. Reviewers are instructed to assess their colleagues’ general ethical standards and legal ability in a specific area of practice.

We’re very proud of this recognition from our peers. Please let me know if you have any questions about the services we provide to our clients.

2021 Lawyers AV Preeminent – Martindale-Hubbell Video

2021 Lawyers AV Preeminent – Martindale-Hubbell Video

The Special Edition Judicial Award of the Martindale-Hubbell® AV Preeminent™ is especially noteworthy because it is based on the confidential opinions and recommendation of members of the judiciary familiar with Mr. Cohen. The Judicial Edition award indicates perfect ratings from the judiciary on the attorney’s legal ability and ethical standards. 

For over 130 years, the Martindale-Hubbell® AV Preeminent™ Rating has distinguished the country’s elite attorneys. The Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the U.S. and Canada. The rating is only awarded to approximately 10% of all attorneys across the United States, and is the highest rating offered by the Martindale-Hubbell Law Directory.

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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

2021 Martindale AV Judicial

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  • 2021 Martindale AV Judicial – Intro
  • 2021 Martindale AV Judicial – Peer Review Ratings
  • 2021 Martindale AV Judicial – Martindale-Hubbell Peer Review Ratings Surveys
  • Related Posts

2021 Martindale AV Judicial – Intro

The Judges have Spoken- Special Edition Judicial Award. John B. Whalen, Jr., Esq. was given the rating from the judiciary, which means that he was deemed to have very high professional ethics and legal ability. Only lawyers with the highest ethical standards and professional ability receive a Martindale-Hubbell Peer Review Rating.

2021 Martindale AV Judicial – Peer Review Ratings

The Martindale-Hubbell Peer Review Ratings evaluates lawyers based on the anonymous opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not. The first review to establish a lawyer’s rating usually occurs three years after his/her first admission to the Bar.

In this highly competitive environment for legal services, the Martindale-Hubbell Peer Review Rating is often one of the only means to differentiate lawyers who are otherwise very comparable in their credentials. This is important on a variety of levels – from the in-house counsel trying to determine which one of his outside law firms should be assigned a new matter to the private practice attorney seeking to refer a case to another lawyer with the appropriate expertise in a specific area of practice.

2021 Martindale AV Judicial – Martindale-Hubbell Peer Review Ratings Surveys

Martindale-Hubbell conducts secure online Peer Review Ratings surveys of lawyers across multiple jurisdictions and geographic locations, in similar areas of practice as the lawyer being rated. Reviewers are instructed to assess their colleagues’ general ethical standards and legal ability in a specific area of practice.

We’re very proud of this recognition from our peers. Please let me know if you have any questions about the services we provide to our clients.

The Special Edition Judicial Award of the Martindale-Hubbell® AV Preeminent™ is especially noteworthy because it is based on the confidential opinions and recommendation of members of the judiciary familiar with Mr. Cohen. The Judicial Edition award indicates perfect ratings from the judiciary on the attorney’s legal ability and ethical standards. 

For over 130 years, the Martindale-Hubbell® AV Preeminent™ Rating has distinguished the country’s elite attorneys. The Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the U.S. and Canada. The rating is only awarded to approximately 10% of all attorneys across the United States, and is the highest rating offered by the Martindale-Hubbell Law Directory.

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2021 Avvo Superb

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  • Philadelphia Pa Probate Lawyers 2021 Avvo Superb – Bio
  • Philadelphia Pa Probate Lawyers 2021 Avvo Superb – Right Attorney
  • Philadelphia Pa Probate Lawyers Practice Areas
  • Philadelphia Pa Beneficiary Lawyers
  • Philadelphia Pa Estate Administration Lawyers
  • Philadelphia Pa Estate Lawyers
  • Philadelphia Pa Estate Litigation Lawyers
  • Philadelphia Pa Estate Planning Lawyers
    • Philadelphia Pa Powers of Attorney Lawyers
    • Philadelphia Pa Living Wills Lawyers
    • Philadelphia Pa Trusts Lawyers
    • Philadelphia Pa Last Wills Lawyers
  • Philadelphia Pa Last Wills Contest Lawyers
  • Philadelphia Pa Estate Litigation Lawyers
  • Philadelphia Pa Estate Taxation Lawyers
  • Philadelphia Pa Guardianships Lawyers
  • Philadelphia Pa Probate Lawyers Guide

Philadelphia Pa Probate Lawyers 2021 Avvo Superb – Bio

The Philadelphia Pa Probate Lawyers Avvo Superb 2020 Rating is our effort to evaluate a lawyer’s background based on the information available in an attorney’s Avvo profile. We create the rating using a model that considers information the lawyer has included on their profile in addition to the information we collect from public sources like state bar associations and lawyer websites. Any information that affects the Avvo Rating is visible in an attorney’s profile.

Philadelphia Pa Probate Lawyers 2021 Avvo Superb – Right Attorney

There is no bias. The rating is calculated using a mathematical model, and all lawyers are evaluated on the same set of standards.

The Avvo Rating cannot be bought. At Avvo, all lawyers are treated equally. We don’t play favorites, and attorneys can’t pay us to improve their ratings.

It was developed by legal professionals and people looking for legal services. The model used to calculate the rating was developed with input from hundreds of attorneys, thousands of consumers, and many other legal professionals who deeply understand the work attorneys do. We created the Avvo Rating to reflect the type of information people have identified as important when looking to hire an attorney.

It’s as simple as counting to 10. Ratings fall on a scale of 1 (Extreme Caution) to 10 (Superb), helping you quickly assess a lawyer’s background based on our rating.

The Avvo Rating is based only on the information we have collected and that the attorney has provided, so we don’t recommend the Avvo Rating as the only piece of information you use to evaluate whether an attorney is right for you. The rating is a tool that provides a snapshot assessment of a lawyer’s background, and should be considered alongside other information such as client reviews and peer endorsements.

Philadelphia Pa Probate Lawyers Practice Areas

John provides a full range of services for Pa Wills: drafting, review, amendment, revocation, execution and probate. He provides reliable guidance for testators and executors.

His experience in the probate court, resolving issues related to the validity of wills, enables him to provide practical advice for testators from all walks of life. Similarly, his work in the formation of wills gives us keen insight into how executors should interpret various aspects of a will that may initially seem unclear.

Whether you are a testator formulating an estate plan or an executor implementing a decedent’s wishes, John B. Whalen, Jr. Esq. can simplify many complex aspects of the tasks before you.

He offers pertinent and personal legal advice to obtain the results you need in a timely manner with the least stress possible. Once executed, your will remains your final statement of your intentions until you amend or revoke it.

He recommends reviewing your will every three to five years and updating it to reflect your current wishes.

Philadelphia Pa Beneficiary Lawyers

There are many factors that can affect the distribution of estate assets. In some cases, there may be a Pa Will that identifies you as a beneficiary; in other cases, there may not be a will at all. In still other cases, there may be a dispute involving the administration of the estate. For example, a beneficiary may disagree with how the executor or personal representative is distributing assets.

Philadelphia Pa Estate Administration Lawyers

Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.

Philadelphia Pa Estate Lawyers

Pa Estate law comprises many areas of law. However, all of these areas of law focus on taking care of one’s person and property. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. A Pa Estate is anything that makes up a person’s net worth. Very simply, an estate is what a person has in their own name alone.

Philadelphia Pa Estate Litigation Lawyers

Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

Philadelphia Pa Estate Planning Lawyers

An attorney who specializes in Pa Estate Planning can help you create a complete plan (including Pa Last Wills, Pa Powers of Attorney, and Pa Living Wills, etc.) to protect your spouse and children if you become unable to manage your financial affairs. Pa Estate Planning allows you to make decisions now so your wishes can be carried out if you die or become incapacitated.

Philadelphia Pa Powers of Attorney Lawyers

When you execute a legal document called a power of attorney, you are authorizing another individual to make certain decisions on your behalf. The person who signs the document is called the principal and the person who is authorized to make decisions is known as the agent or attorney-in-fact.

A limited power of attorney restricts the permissible activities of the agent to a specific period of time. For instance, if you are in the military and are being deployed overseas for six months, you can set up a limited power of attorney with an individual you trust. That person may be granted access to your bank account so they can pay your mortgage or other monthly expenses while you are away from home.

A durable power of attorney, unlike other forms of this type of legal document, does not expire if the principal becomes incapacitated. The agent may continue to make financial and medical decisions as indicated in the original document.

Philadelphia Pa Living Wills Lawyers

Living wills are also referred to as an advance directive or a health care directive. It is a legal document that communicates your desire in the treatment of serious medical problems in the event that you are unable to speak for yourself. They do not go into effect unless you are incapacitated and unable to express yourself. Having a living will can relieve your close relatives from the burden of having to make the decision about whether to remove you from life support.

Philadelphia Pa Trusts Lawyers

Trusts are legal documents that allow you to control how your assets will be allocated or managed. You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee. Individuals who receive money or other assets are the beneficiaries.

Property placed in a trust, unlike wills, is not subject to probate. You can also create a revocable trust which can be canceled or revoked at any time while you are alive. Trusts can be set up for a child’s education or to reduce estate taxes.

Philadelphia Pa Last Wills Lawyers

A Will is an important document to execute in order to avoid disputes about how your assets will be divided when you die. The executor who administers the distribution of assets from your estate will allocate your possessions as you specified. You should periodically review your Will to make sure it is still relevant and accurate. Life changing events, such as the birth of a child or a marriage, may require amendments to the original document.

Philadelphia Pa Last Wills Contest Lawyers

If you, as a beneficiary, suspect that a will does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court. Similarly, if you believe an executor, trustee or estate administrator is mismanaging estate assets, you have standing to raise that issue.

Philadelphia Pa Estate Litigation Lawyers

Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

Philadelphia Pa Estate Taxation Lawyers

When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records. Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.

Philadelphia Pa Guardianships Lawyers

The Pa Guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. For the past twenty-five (25) years, Attorney Whalen has built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

Philadelphia Pa Probate Lawyers Guide

The Philadelphia Pa Probate Lawyers Guide, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.


John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb. He has obtained over 95 client reviews and peer endorsements premier and prestigious Attorney and Counselor at Law.

Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, Quora, and Thumbtack.

John is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM. His office is open on all evenings, weekends, and holidays.

Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-999-2157.

John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale. He has received the AV Peer Judicial Preeminent award. He has received the Avvo Rated Superb 10.00 award, and the Avvo Rated Top Lawyer award. He has also received the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law). He is the recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law).

He is also the recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

Philadelphia Pa Estate Planning Guide

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  • Philadelphia Pa Estate Planning Guide – Intro
  • Philadelphia Pa Estate Planning Guide – The Summary
  • Philadelphia Pa Estate Planning Guide – The Bosses
  • Philadelphia Pa Estate Planning Guide – The Powers
  • Philadelphia Pa Estate Planning Guide – The Traits
  • Philadelphia Pa Estate Planning Guide – The Documents
    • Philadelphia Pa Estate Planning Guide – Powers of Attorney
    • Philadelphia Pa Estate Planning Guide – Living Wills
    • Philadelphia Pa Estate Planning Guide – Last Wills
    • Philadelphia Pa Estate Planning Guide – Trusts
  • Philadelphia Pa Estate Planning Guide – The Taxes
    • Federal Estate Tax
    • PA Inheritance Tax
  • Philadelphia Pa Estate Planning Guide – The Pointers
  • Philadelphia Pa Probate Attorneys Guide
  • Related Posts

Philadelphia Pa Estate Planning Guide – Intro

The best gift you can give your loved ones is to have your Philadelphia Pa Estate Planning complete. Unfortunately, to a great extent, misinformation about critical terms such as Pa Inheritance Tax, Federal Estate Tax, Pa Probate, avoiding probate, simple will, and Pa Living Trust, tends to lead to misunderstandings of Pa Estate Planning. These misunderstandings, in turn, tend to lead to mistakes in Pa Estate Planning. These mistakes, again, in turn, tend to lead to unintended results after one’s death. In an effort to eliminate such misinformation, misunderstandings, and mistakes, this article will hopefully serve as a review – in very simple terms – of the basic, core issues of estate planning and its basic documents.

Philadelphia Pa Estate Planning Guide – The Summary

There are four primary Pa Estate Planning documents that tend to form the foundation of most good estate plans. These documents are a

  • Pa Power of Attorney,
  • Pa Advance Directive for Health Care (a Pa Living Will),
  • Pa Last Will, and (at, times)
  • Pa Trust

Although each document has a different purpose, each document designates someone who is responsible for carrying out the wishes set forth in the document.

I refer to these people – those in charge – as “The Bosses.

Philadelphia Pa Estate Planning Guide – The Bosses

Each document has a boss who is in charge of carrying out the terms of that particular document. Under Pennsylvania law, the proper terms for the bosses are:

  • Pa Agent (under a Pa Power of Attorney),
  • Pa Surrogate (under a Pa Living Will),
  • Pa Executor (under a Pa Last Will),
  • Pa Trustee (under a Pa Trust).

Although a technical knowledge of these terms can be useful, it is not the point of this article. The focus is to illustrate that an Agent, a Surrogate, an Executor, and a Trustee are just the bosses of that respective document.

Philadelphia Pa Estate Planning Guide – The Powers

Each boss has powers, and these powers can be summarized very simply.

  • Pa Agent (under a Power of Attorney) can help manage all of your affairs
  • Pa Surrogate (under a Pa Living Will) can ensure your end of life decisions.
  • Pa Executor (under a Pa Last Will) can administer your Pa Estate
  • Pa Trustee (under a Pa Trust) can monitor and manage your Pa Trust.

Again, and although a technical knowledge of the parameters of these various powers can be useful, it is not the point of this article. The focus is to illustrate that a Pa Agent, a Pa Surrogate, a Pa Executor, and a Pa Trustee can generally possess broad powers to act for you under that respective document.

Philadelphia Pa Estate Planning Guide – The Traits

Although all four of the documents require bosses that possess certain traits or characteristics in order for that document to be as effective as possible, I have experienced that two traits should be inherent in all of the bosses of all four of the documents

  • Ability
  • Willingness.

Although the bosses of each of the documents should also possess additional traits for that particular document to be effective (all of which shall be addressed later), unless your boss is able and willing to act on your behalf, your desires and wishes may not be followed.

Philadelphia Pa Estate Planning Guide – The Documents

There are four primary documents that tend to form the foundation of most good estate plans. A succinct review of each, and the misunderstandings of each, follows.

Philadelphia Pa Estate Planning Guide – Powers of Attorney

A Pa Power of Attorney can grant your boss (Pa Agent) the ability to control all of your affairs. It is a very powerful document; it can permit your Pa Agent the broadest of powers to do anything which you could have done (i.e., give all your money away), but yet, inherent in these broad powers, is the reality that your Pa Agent may actually do anything which you could have done (i.e., give all your money away).

A Pa Power of Attorney can be durable (effective after you are incapacitated), current (effective now), or springing (effective upon the happening of a future event (i.e., the decision by your treating physician that you can no longer act for yourself).

A common misconception is that a Pa Power of Attorney eliminates your ability to act for yourself. Quite to the contrary, and until you are deemed incapacitated, a Pa Power of Attorney should properly be viewed as a shared authority – you still retain all of the powers and decision making ability that you possessed before you executed the Pa Power of Attorney.

With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Agent) should also be:

  • Levelheaded
  • Familiar with your affairs.

Philadelphia Pa Estate Planning Guide – Living Wills

A Pa Advance Directive for Health Care can grant your boss (Pa Surrogate) the ability to execute your end of life decisions and decide whether life-sustaining measures should be used. The common misconception of this document is when it will become operative.

There are two triggers that must occur before your Surrogate is even given the option of acting: the first is that you must be unable to communicate your own decisions, and the second is that you must have been diagnosed with a terminal condition or as being permanently unconscious.With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Surrogate) should also be:

  • Stoic
  • Strong.

Philadelphia Pa Estate Planning Guide – Last Wills

A Pa Last Will can grant your boss (Pa Executor) the ability to administer your Estate.

The most common misconception that surrounds a Pa Will is the process called Pa Probate and the seemingly universal theme that it should be avoided at all costs.

Again, and virtually to the contrary, the word probate is merely the Latin infinitive verb that means to prove, and, although some states do have onerous probate procedures (where the avoidance of probate may be a prudent strategy), Pennsylvania is not one of those states. In fact, probating a Will in Pennsylvania is very simple.

Also very important is the fact that a Will only disposes of the assets (1) that you own in your individual name alone and (2) that possess no beneficiary designations (i.e., no tags). Consequently, items owned jointly with another are controlled by property law (not Will law) and will pass to the joint owner(s) at your death, and items that have beneficiary designations will be controlled by contract law (not Will law) and pass to the designated beneficiaries at your death. With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Executor) should also be:

  • Honest
  • Diplomatic. 

Philadelphia Pa Estate Planning Guide – Trusts

A Pa Trust can grant your boss (Pa Trustee) the ability to monitor and manage your Pa Trust. The types of Trusts can be viewed simply as being either (1) revocable (which are created during your life and which become irrevocable upon your death), (2) irrevocable (which are created during your life and become irrevocable upon their creation), and (3) and testamentary (which are created under your Will and which become irrevocable upon your death

Vital is the fact that they can be extremely useful for individuals with Special Needs (i.e., autism, addictions, minors, etc). With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Trustee) should also be

  • Attentive
  • Decisive.

Philadelphia Pa Estate Planning Guide – The Taxes

Another area of misconception in the Pa Estate Planning area involve the taxes that are imposed on the value of your assets on the date of your death.

Basically, two death taxes can be imposed on Pennsylvania residents: the

  • Federal Estate Tax, and
  • Pa Pennsylvania Inheritance Tax.

Unlike the income tax, which is very descriptive in its title – as it is imposed upon your income – the phrases “Federal Estate Tax” and “Pa Inheritance Tax” are misnomers in that may tend to belie the actual fact that these are taxes imposed by virtue of your death.

Federal Estate Tax

The Federal Estate Tax begins at a wealth threshold.

If you possess less than the wealth threshold at your death, the federal estate tax will not be applicable. If it is applicable, the tax is imposed on a percentage scale according to the amount of wealth (i.e., potentially 47% of the value of your assets above the current $1,500,000. 00 wealth threshold). This threshold has been, is, and is scheduled to continue to increase. In 2005, the threshold is $1,500,000. 00; in 2006, 2007, and 2008, the threshold is $2,000,000. 00; in 2009, the threshold is $3,500,000.00; in 2010, the Federal Estate Tax is scheduled to be eliminated; but in 2011, the Federal Estate Tax is scheduled to return with a threshold of $1,000,000.00.

PA Inheritance Tax

The Pennsylvania Inheritance Tax has no wealth threshold and starts immediately. It is imposed on a percentage based on the relationship of the beneficiary

  1. 00.00% = Spouses and Charities are taxed at a 00.00% tax rate, 
  2. 04.50% = Lineal descendants are taxed at a 4.50%,
  3. 12.00% = Siblings brothers and sisters
  4. 15.00% = Collaterals (everyone else).

Philadelphia Pa Estate Planning Guide – The Pointers

In conclusion, there are four basic pointers for all who are faced with estate planning.

  1. Title your assets with the utmost care (i.e., joint ownership, beneficiary designations, etc.)
  2. With respect to transferring your assets (i.e., re-titling, gifting, etc) during your lifetime, get advice before you do so (before the bombs go off).
  3. Always have your estate planning documents up-to-date because laws, taxes, and people change.
  4. Most importantly – pick your bosses very carefully.

Philadelphia Pa Probate Attorneys Guide

The Philadelphia Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell products.

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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.

Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, Quora, and Thumbtack.

John is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.
Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244.

John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.

Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, and Quora.

John is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.

Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244.

John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).