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The Importance of Estate Planning in Pennsylvania

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Estate planning — and finding the right estate planning attorney for you — is essential to ensure your assets are distributed as you wish, while minimizing legal and tax complications and providing peace of mind for you and your family.  In Pennsylvania, state-specific laws on inheritance, probate, and taxes make a well-crafted estate plan particularly important.  This blog post highlights why estate planning matters for Pennsylvania residents and key steps to get started.

Why Estate Planning Matters

Control Over Your Legacy

Without a will, Pennsylvania’s intestacy laws dictate how your assets are distributed, which may not reflect your preferences.  For example, if you’re unmarried with no children, your estate could pass to distant relatives or the state.  A will allows you to name beneficiaries, ensuring your assets go to the people or causes you value.

Streamlining the Probate Process

In Pennsylvania, probate is managed by the county Register of Wills and can be time-consuming and costly without proper planning.  A clear estate plan, including a well-drafted will, can simplify the process, reducing delays and expenses for your heirs.

Navigating Pennsylvania Inheritance Tax

Pennsylvania levies an inheritance tax on most estates, with rates based on the beneficiary’s relationship to you:

  • 0% for spouses and charities
  • 4.5% for direct descendants and lineal heirs (children, grandchildren)
  • 12% for siblings
  • 15% for other heirs

Strategic estate planning, such as gifting during your lifetime or charitable bequests, can help reduce this tax burden, preserving more of your estate for your loved ones.

Protecting Your Family

Estate planning goes beyond finances – it is about caring for those you love.  In Pennsylvania, you can designate guardians for minor children or include provisions for dependents with special needs.  These steps ensure your family is supported according to your wishes.

Preparing for Incapacity

Estate planning also addresses potential incapacity.  Pennsylvania recognizes advance directives, such as:

These documents ensure your wishes are followed and ease the burden on your family during challenging times.

Key Considerations for Pennsylvania Residents

Understanding State Laws

Pennsylvania has specific estate planning rules.  For example, holographic (handwritten) wills are only valid if they meet strict criteria.  Consulting an attorneyat ZwickLaw ensures your plan complies with state law and is legally enforceable.

Keeping Your Plan Current

Life events – like marriage, divorce, or the birth of a child – likely require updates to your estate plan.  Pennsylvania law may automatically adjust certain provisions (e.g., revoking bequests to an ex-spouse post-divorce), but relying on these defaults can lead to unintended results. Regularly review your plan to keep it aligned with your goals.

Including Digital Assets

Your estate plan should account for digital assets like online accounts or cryptocurrencies. Pennsylvania’s Revised Uniform Fiduciary Access to Digital Assets Act allows you to grant fiduciaries access to these assets, but you must explicitly include them in your plan.

Supporting Charitable Causes

If giving back is important to you, Pennsylvania’s tax exemptions for charitable bequests can maximize your impact.  Including charitable gifts in your plan can support your favorite causes while reducing your estate’s tax liability.

Getting Started

Estate planning may feel overwhelming, but it’s a proactive way to secure your legacy.  Follow these steps to begin:

  1. List Your Assets: Include real estate, bank accounts, investments, and personal property.
  2. Set Your Goals: Decide who should inherit your assets, how to minimize taxes, and any special provisions for loved ones.
  3. Work with an Estate Planning Attorney: An attorney familiar with Pennsylvania law can help you create a tailored will and other essential documents.
  4. Communicate Your Wishes: Share your plans with your family to ensure clarity and avoid surprises.

Get Answers to All of Your Questions – Contact Zwick Law

Estate planning is an important, proactive measure to preserve your legacy and ensure your assets stay with and benefit your family after you are gone. When you are ready to create or update your estate plan, consulting with an estate planning and estate administration attorney is highly beneficial.  The trusted estate planning attorneys at ZwickLaw are available to help you determine the best ways to distribute your estate and protect your assets long into the future.

For questions relating to your estate planning needs, contact either C.J. Zwick or Matthew R. Zwick at (814) 371-6400.  At Zwick Law, we’re always here for you!

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

The Importance of Medicaid Planning in Pennsylvania

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Understanding Medical Assistance in PA

In Pennsylvania, Medicaid is known as Medical Assistance (MA), a critical program that covers long-term care costs, such as nursing homes and assisted living, for eligible individuals.  With rising healthcare expenses, Medical Assistance can be a lifeline, but strict eligibility rules and the Pennsylvania Estate Recovery Program require careful planning to protect your assets.  Without a strategy, you risk depleting your savings to qualify, leaving little for your spouse or heirs.

Why Plan for Medical Assistance?

Pennsylvania’s Medical Assistance program has stringent income and asset limits.  For 2025, the asset limit for a single applicant is $2,000, excluding certain exempt assets like your primary home (up to $713,000 in equity).  Non-exempt assets, such as savings accounts, stocks, bonds, or secondary properties, must be spent down to meet this threshold unless protected through strategic planning.  This spend-down process can erode your financial legacy, forcing you to liquidate investments or deplete retirement funds that could have supported your spouse or been passed to your heirs.  For couples, the Community Spouse Resource Allowance (CSRA) allows the non-applicant spouse to retain up to $154,140 in assets (as of 2025), but careful planning is still needed to avoid impoverishing both spouses.

Pennsylvania’s Estate Recovery Program

The Pennsylvania Estate Recovery Program, mandated by federal law under Act 49 of 1994, seeks to recover Medical Assistance payments for long-term care services (e.g., nursing facilities, home and community-based services, and related hospital or prescription costs) provided to individuals aged 55 or older after August 15, 1994.  After the recipient’s death, the state can claim reimbursement from their probate estate—assets like homes, savings, or life insurance payable to the estate—if the estate exceeds $2,400.  This often involves selling the home, a significant asset for many, which can disrupt plans to pass it to heirs.  However, non-probate assets, such as jointly owned property with rights of survivorship or accounts with designated beneficiaries, are generally exempt from recovery in Pennsylvania, as the state operates a “probate-only” program.

Interrelation with Medical Assistance Planning

Medical Assistance planning is closely tied to the Estate Recovery Program, as it aims to protect your assets from both eligibility spend-down requirements and post-death recovery claims.  By proactively managing your estate, you can structure assets to meet Medical Assistance eligibility while minimizing the probate estate subject to recovery.  Strategies like transferring assets strategically or leveraging exemptions can reduce your countable resources and preserve wealth for your heirs.  Planning also ensures compliance with rules, such as the five-year look-back period, to avoid penalties that could delay care.  Effective planning safeguards your financial legacy and ensures access to necessary care without sacrificing your estate.

Key Strategies for Asset Protection

Effective tools include purchasing exempt assets, such as a vehicle, home repairs, or accessibility modifications, which are not counted toward Medical Assistance eligibility.  Strategic gifting to family members, when done within Pennsylvania’s five-year look-back period rules, can reduce countable assets, though improper gifts may incur penalties.  Converting non-exempt assets into income-producing vehicles, like Medicaid-compliant annuities, provides income for the community spouse while lowering countable resources.  Prepaying funeral expenses through an irrevocable funeral trust is another strategy, as these funds are exempt and reduce your asset total.  Additionally, establishing a life estate for the primary home allows the applicant to retain a residence while transferring future interest to heirs, which when done properly can potentially shield it from recovery.

The Role of Professional Guidance – Contact ZwickLaw

Navigating Pennsylvania’s Medical Assistance and Estate Recovery rules is complex, with pitfalls like improper transfers triggering penalties or recovery claims.  Consulting an attorney at ZwickLaw who is familiar with Pennsylvania’s regulations helps ensure compliance and maximizes asset protection.  Don’t wait for a health crisis to plan for Medical Assistance. By starting now, you can secure your financial future, access quality care, protect your assets from the Estate Recovery Program, and preserve your legacy for loved ones in Pennsylvania.

For questions relating to your Medical Assistance planning and asset protection, contact either C.J. Zwick or Matthew R. Zwick at (814) 371-6400.  At Zwick Law, we’re always here for you!

Contact Us Today for a Free Consultation

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

Navigating Personal Injuries After an Auto Accident in Western Pennsylvania

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Navigating Pennsylvania’s legal system can be complex. ZwickLaw will help you evaluate your case, negotiate with insurance companies, and ensure you meet critical deadlines, such as the two-year statute of limitations for filing a personal injury lawsuit in Pennsylvania.

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FULL TORT v. LIMITED TORT INSURANCE COVERAGES

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If you have been involved in a motor vehicle accident, the difference between full tort and limited tort insurance coverage is a big one.  Tort coverage is one of the first topics that we discuss with clients and prospective clients when they come into our DuBois office for a free and confidential consultation to discuss a personal injury claim resulting from an automobile accident.  In most instances, we find that many injured people either (1) do not know the difference between full tort and limited tort coverages, or (2) do not know which tort coverage they selected when purchasing their automobile insurance policy.  The difference, in most cases, is very significant.

full tort limited tort

In Pennsylvania, insurance companies offer their customers several options when selecting automobile insurance coverages.  One major option is: do you want full tort coverage or limited tort coverage.  It is very important to know the difference between the two options when making your decision.  If you are involved in an auto accident, and you select full tort coverage, then you are permitted to pursue and recover money for all of your injuries, which includes non-economic injuries and damages – i.e., pain and suffering, mental and psychological anguish, inconveniences, loss of enjoyment of daily life activities, etc.  However, if you select limited tort coverage, you forfeit and lose the ability to pursue and receive compensation for these non-economic damages.  This is a significant limitation.

Typically, insurance companies offer small and insignificant discounts on monthly insurance premiums for your selection of limited tort coverage.  While the selection of limited tort coverage can seem appealing at first, because it could immediately save you a few dollars on your monthly premium payment, choosing limited tort coverage may cost you significantly, both financially and legally, should you or a covered family member ever be involved in an automobile accident.

The Pitfalls of Limited Tort Coverage

Limited tort coverage permits a person injured in an automobile accident — whether a car accident, semi truck accident or other vehicle accident — to only recover for out of pocket medical bills, wage loss, automobile repair costs, and other actual monetary or economic losses.  In other words, if you select limited tort coverage, you are giving up your right to pursue damages in a future personal injury case for pain and suffering and other similar damages before an accident ever occurs.

There is a limited exception to this general rule, which permits a person with limited tort coverage to pursue a claim for pain and suffering and other non-economic damages that are sustained in an automobile accident, if the person sustained bodily injuries that are deemed “serious.”  Serious injuries, however, are not always clearly defined or easily established.  Under Pennsylvania law, the term “serious injury” is generally described as “a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”  In the majority of cases, however, difficulty arises in differentiating between a serious injury and a non-serious injury – which is anything but clear under the law.

The Benefits of Full Tort Coverage

At Zwick Law, we highly encourage and recommend that all Pennsylvania residents and drivers maintain full tort coverage on their automobile insurance policies.  The small amount of money that you could save on your monthly insurance premiums with limited tort coverage is slight compared to the costs that you could incur if you are involved in a vehicle accident.

In many cases, injuries that result from an automobile accident are not completely known until weeks, months, or even years after an accident.  Health and medical complications often arise  well after the accident and – without full tort coverage – you could be left responsible for treating injuries that resulted from a motor vehicle accident that were not your fault.  Full tort insurance coverage is one of the best forms of protection for your future and the future of cherished family members.  If you are involved in a serious automobile accident, it is very likely that you will lose more than you may have saved in reduced monthly premium payments.

So, when the time comes to purchase a new automobile insurance policy, or when you have an opportunity to review and change the terms of your existing policy with your insurance agent, discuss your tort coverage selection with your agent.  The bottom line is, if you want to ensure that you have preserved your right to pursue the full extent of your injuries and damages in a personal injury claim after a vehicle accident, you should make sure that you have full tort coverage on all of your automobile insurance policies.

Legal Assistance – Contact ZwickLaw

For questions relating to full tort and limited tort options, please contact Matthew R Zwick, partner of Zwick Law, at (814) 371-6400 or mrz@zwick-law.com, to schedule a legal consultation.  At Zwick Law, we’re always here for you.

**The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

 

HOW TO PROPERLY HANDLE A PERSONAL INJURY CLAIM

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The period right after an accident causing an injury can be very stressful and overwhelming. Lost wages, mounting medical debt, and the pain of an injury often combine, leaving a person desperate for a resolution. Settling an injury claim quickly may seem like the easiest way to resolve problems caused by an accident, but being overly eager can leave an accident victim in an even worse predicament. Knowing the steps to properly handle an injury claim can help you avoid crucial mistakes and obtain the compensation you deserve.

Should you comply with all of the insurance claims adjuster’s requests?

The adjuster handling your claim often presents themselves as a friend or ally looking out for your best interests. During the initial investigation, the claims adjuster will make various requests, such as asking you to sign authorizations for the release of confidential medical and employment information, provide recorded statements, and other documentation related to your accident and injuries (e.g., videos, pictures, witness information, etc.). Although adjusters may advise that the requested information is always required to assess and settle your claims, this is not always true.

The claims adjuster will attempt to use the information you provide to minimize or dismiss your claim. In certain situations, you may need to provide some information and cooperate with the insurer’s investigation; however, this is not always required. Selectively and strategically providing information does not mean you will lose your claim. Instead, taking a strategic and methodical approach usually increases your chances of obtaining the compensation you deserve.

What happens if you miss medical appointments?

A person with no medical insurance or limited sick time from work may decide to stop going to follow-up doctor appointments before fully recovering or the treating physicians have officially released them from treatment. Fear of lost wages and large medical bills can lead to a premature return to work, which can seriously impact your claim. The medical appointments you attend will illustrate the extent of your injuries and establish a medical treatment pattern that shows the potential need for long-term care. Missing scheduled and necessary medical appointments will likely lead to your claims adjuster dismissing or diminishing the severity of your injuries, significantly reducing the value and settlement of your case.

Should you question or challenge an adjuster’s valuation of your claim?

Claims adjusters working directly with an injured party may arbitrarily deny a claim without reviewing or receiving relevant claim-related documentation. If this happens, too many people simply give up on the claim and do not pursue the compensation they deserve. A person with little or no experience handling a personal injury, workers’ compensation, or medical malpractice claim will not know what steps to take to challenge or appeal the decision. Insurance companies are experienced and manipulative, and they expect accident victims to walk away from valid (and valuable) claims—saving the insurance company hundreds of thousands of dollars.

Do not stand alone – Zwick Law is here for you.

Even the most straightforward injury claim can quickly devolve into a nightmare if not properly handled from the very early stages. Remember, claims adjusters have years of experience negotiating claims, while the average person only deals with one or two injury claims in a lifetime. The experienced personal injury and medical malpractice attorneys at Zwick Law understand how vital quality representation is to your claim. We are prepared to review your situation and take over the time-consuming and stressful task of negotiating with the insurance company.

For questions relating to an injury claim, contact Matthew R Zwick, partner of Zwick Law, at (814) 371-6400 or e-mail, to schedule a legal consultation and free case analysis. At Zwick Law, we’re always here for you.

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

What is Workers’ Compensation?

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Have you been injured on the job? Maybe you twisted your ankle while rushing into the elevator for that meeting with the boss or sprained your wrist while trying to beat that deadline. If you have suffered a work-related injury, you may be entitled to benefits under the Pennsylvania workers’ compensation laws.

The Pennsylvania Workers’ Compensation Act (the “Act”) provides no-fault recourse for workers who suffer injuries in the workplace. The Act ensures that no worker goes without some form of compensation for workplace-related injuries. Therefore, the Act requires all Pennsylvania employers to register with an insurer for workers’ compensation coverage.

Every Pennsylvania worker receives coverage under the Act. So, even if your employer fails to procure workers’ compensation insurance coverage, you can still obtain compensation benefits under the Uninsured Employer Guaranty Fund.

What is workers’ compensation?

Workers’ compensation laws and regulations provide for you in the event of work-related injuries. The Act offers financial, medical, and other related benefits and support to workers who have been injured on the job.

The Act ensures that injured workers can obtain no-fault compensation for work-related injuries. However, this “no-fault” insurance coverage comes with a compromise — your right to sue your employer for the injury.

What are some of the requirements to obtain workers’ compensation?

Before you can receive benefits under the Pennsylvania workers’ compensation law, you must fulfill some requirements:

  1. There must be an employer/employee relationship.
    • While this is usually straightforward, some situations make it difficult to determine whether the relationship is an employment relationship under the law. For instance, an independent contractor does not qualify as an employee. For the purpose of determining whether a person qualifies as an employee, four things are usually considered:
      • The right of the employee to select the employer;
      • The employer’s right to “sack” the employee;
      • The employer’s power to direct the manner of performing the job; and
      • The employer’s power to control the employee.
    • Even if you don’t qualify as an employee under these conditions, you may still be an employee under the definition of a “statutory employer.” For instance, if you work for a sub-contractor hired by a general contractor for a construction-type job, you may be entitled to compensation for work-related injuries. Your employer in this case is a “statutory employer.”
  1. The injury must have occurred under Pennsylvania jurisdiction.
    • If you are hired in Pennsylvania but often work in other states, it won’t matter whether the work injury happens in Pennsylvania or some other jurisdiction.
  1. You must have suffered the injury in the course of employment.
    • Each situation is usually decided on its merits, on a case-by-case basis. You don’t have to be actively working when the injury occurs, though. You could be playing tennis as part of the company’s sports team or attending a party for the company and possibly still be covered. The important requirement is that you must have been furthering the interest of your employer.

What type of workers’ compensation are you entitled to receive?

Under the Act, you generally receive compensation for any disability that occurs as a result of work-related injuries.

Disability, under the Pennsylvania workers’ compensation law, is defined by work loss. A disability may result in total disability, temporary total disability, or temporary partial disability. Total disability occurs when you are completely unable to work because of the work injury.

The Act defines an “injury” to include any condition caused by an accident or activity at work. As such, injuries need not be caused by accidents alone. Injuries caused by repetitive tasks, such as typing with your back bent or injuries caused by abnormal working conditions, would also qualify as an “injury.”

What benefits can you receive under the Pennsylvania workers’ compensation law?

Depending on your injury, you may be entitled to any one or more of the following benefits:

  • Medical benefits: This typically includes the cost of obtaining medical treatment for the injury.
  • Wage benefits: You are generally entitled to compensation of up to two-thirds, sometimes more, of your average weekly wage. These benefits are not taxable.
  • Death benefits: This applies only in the event of death caused by a work-related injury. These benefits would be paid to the family or survivors of the employee.
  • Scarring benefits: This compensation applies in the event of disfigurement caused by a work injury.
  • Specific loss benefits: If loss of limbs is involved, compensation would be payable for that specific loss. This does not mean that the whole limb must be lost though. It would suffice if it is shown that it has been made useless for the job.

How can you obtain workers’ compensation?

The Pennsylvania workers’ compensation law requires workers who suffer any work-related injury to report the injury to their employer within 120 days – this period starts to run from the date of the injury. You should always report a work-related injury to your employer and ensure that an accident report is generated.

Your employer then either accepts or denies the claim. If the claim is denied, you can file a lawsuit to establish your work-related claim by filing a Claim Petition.

While no law says you can’t fight for the claim on your own, it is generally a good idea to get in touch with an experienced workers’ compensation attorney from the moment you get injured. The experienced workers’ compensation lawyers at Zwick Law understand how vital quality representation is to your claim. We are prepared to review your situation and take over the time-consuming and stressful task of negotiating and fighting for you.

Legal Assistance – Contact Zwick Law

For questions relating to a work-related injury, contact Matthew R Zwick, partner of Zwick Law, at (814) 371-6400 or e-mail, to schedule a legal consultation and free case analysis. At Zwick Law, we’re always here for you.

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

Common Estate Planning Mistakes & How To Avoid The Pitfalls

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Creating an Estate Plan

Creating an estate plan is the best way to pass property and other assets to your loved ones in a manner that suits you and your family. Unfortunately, most adults in the United States do not have a will, and those who do often make serious mistakes that render the will invalid or impractical. To ensure your final wishes are executed properly, spend time creating and updating an estate plan with an experienced attorney who can provide accurate and reliable legal advice. Attempting to create and implement such an important legal document without proper assistance increases your chances of making one of these common estate planning mistakes.

Review Your Estate Plan to Ensure It Is Up to Date

Most people who invest time and money to create a last will and testament and other estate planning instruments do not properly review their estate plan to ensure it is up to date and applicable to changed situations and circumstances. Major life events and changes in circumstances may be overlooked, creating problems for your loved ones after you are gone. Those who neglect to update their estate plans throughout their lifetimes often accidentally omit after-born children and/or grandchildren, name people who predecease them, and/or choose a personal representative they no longer trust. The mere passage of time is reason enough to review your estate planning documents to ensure they remain applicable and coincide with your current intentions.

Your Will Does Not Impact Non-Probate Assets, Such as Life Insurance Policies

Life insurance policies ordinarily designate a primary beneficiary or beneficiaries – the person or persons who will receive all or some of a specified sum of money after the policyholder passes away – and a secondary beneficiary – in the event that the primary designee(s) predeceases the policyholder. Typically, beneficiaries to these policies are spouses, children, siblings, and/or parents. A person who has recently gotten divorced or who is estranged from a relative may no longer wish for that person to receive any part of a life insurance policy. Instead of updating the beneficiary designations with the life insurance company, a policyholder sometimes names a recipient of the policy proceeds in their will. Life insurance companies are required to pay proceeds to the named beneficiary in the policy, even if the designation is contrary to the directives in one’s will. So, while you need to update and review your last will and testament, you also need to review all non-probate assets, such as life insurance policies, annuities, and retirement accounts, to ensure your beneficiary designations remain applicable and coincide with your current intentions.

Keep a Detailed List of Your Assets with Your Important Estate Planning Documents

Leaving assets to family members and loved ones is thoughtful, but if your loved ones do not know where these assets are located or how to find them, receiving an inheritance may turn into a nightmare. Without a detailed list of information on your accounts, real and personal property, and other assets, your personal representative and beneficiaries will have to conduct their own search. Searching for assets is very time-consuming and frustrating, and some assets may go undiscovered for years. Keep a detailed list of your assets with your important estate planning documents to ensure all your assets are passed on to your loved ones.

Name a Trustworthy and Reliable Personal Representative of Your Estate

The personal representative of your estate is responsible for paying your debts, filing your inheritance tax return, and distributing your assets to your named beneficiaries. Being named an executor or executrix is considered an honor, but it is also a serious position that can be unbelievably time-consuming. Naming a child or relative simply because they are oldest or perhaps the favorite is not always the best idea. If the person you name as the personal representative of your estate is disliked, not capable of doing the job, or not trusted by your beneficiaries and other loved ones, your family could seek to have them removed from the position. This is not only time-consuming and expensive, but it can also take its toll on your family for many years to come.

Get Answers to All of Your Questions – Contact Zwick Law

Estate planning is an important, proactive measure to preserve your legacy and ensure your assets stay with and benefit your family after you are gone. When you are ready to create or update your estate plan, consulting with an estate planning and estate administration attorney is highly beneficial. The trusted attorneys at Zwick Law are available to help you determine the best ways to distribute your estate and protect your assets long into the future.

For questions relating to your estate planning needs, contact either C.J. Zwick or Matthew R. Zwick at (814) 371-6400.  At Zwick Law, we’re always here for you!

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

 

Common Complaints Made Against the Executor of an Estate

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In the probate process when going through the estate administration process, the role of the executor of an estate is one of complete trust and supreme responsibility.  Whomever you choose to serve in this capacity will oversee your final wishes to ensure that the terms outlined in your estate plan are followed. In theory, the person who is the executor of your estate will have few problems with your beneficiaries. In reality, however, it is not unusual for your executor to be at odd with your heirs for a variety of reasons. Being aware of common complaints made against an executor will help you when the time comes to choose someone for that role and help that person prepare to manage your estate.

Conflict of Interest

A person with a small estate and limited beneficiaries will often name a person to execute his or her will, and that person also is commonly named as a beneficiary.  Typically, that is not an issue and the other heirs will understand that being named in a will does not automatically mean that you will not be a fair executor. There are times when an executor has abused that position of trust and your other heirs may grow concerned, if they believe that your executor is focusing on his or her own best interest at the expense of their interests and those of the estate.  Lack of trust may lead to claims of a conflict of interest, in an effort to disqualify your executor from continuing to operate in that capacity.

Mismanaging Funds of Estate

The assets of an estate must be managed properly during the probate process.  Securing all assets is one of the most important roles of the position and is vital if the estate has many assets or outstanding debts.  Transactions must be recorded throughout the process of paying debts, filing tax returns, and distributing bequests using the funds or property available.  Sometimes, heirs will believe that the executor is not properly managing the assets of the estate and may file a complaint out of concern for the security of what they expect to inherit.  While an executor is compensated for his or her time, the amount of compensation may seem nominal in comparison to the value of the estate, leading to unease from heirs who believe the executor will find other ways to be compensated.

Lack of Communication

One of the most time-consuming aspects of serving as an executor is communicating with everyone associated with the estate.  Contacting creditors, keeping the courts informed, and talking to the beneficiaries is not always easy.  Unfortunately, some beneficiaries may not be satisfied with the level of communication they are receiving from an executor.  If they believe that they have not been contacted on a regular basis regarding the status of the estate, then they may initiate a complaint or attempt to get your executor removed.

Talk to an Experienced Attorney a Zwick Law

Choosing an executor is just one of the many things that you must do in order to secure your legacy for your loved ones.  A qualified estate attorney at Zwick Law can guide you through the entire probate process, and help you decide who is best suited to manage your estate while seeing to your final wishes.  The attorneys at Zwick Law are here to provide you with the legal advice and peace of mind that you need and deserve.  Contact us today at 814-371-6400 to schedule an initial consultation.

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

In Pennsylvania, Your Doctor Must Personally Obtain Your Informed Consent: Doctor Hospital Lawsuit

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Doctor Hospital Lawsuit

What is “informed consent?”

Informed consent means a physician must inform the patient of all material risks, complications, facts, and benefits involved in any proposed, non-emergency surgical treatment. This allows the patient to make an informed decision about whether to undergo surgical intervention.

Recent PA Supreme Court Decision

The Supreme Court of Pennsylvania recently decided that doctors in Pennsylvania have an affirmative duty to obtain their patients’ informed consent. This duty is non-delegable and only discharged when the physician personally obtains the patient’s consent. The Supreme Court issued this ruling in Shinal v Toms, 162 A.3d 429 (Pa. 2017).

PA Law on Informed Consent in Medical Malpractice Lawsuits

Under Pennsylvania law, before a physician conducts any proposed, non-emergent treatment on a patient, the patient must receive information about the nature of the proposed procedure, as well as the expected and possibly unexpected risks and results. Generally, in Pennsylvania, similar to the majority of other jurisdictions, a physician has an affirmative duty to advise a patient of the facts, risks, complications, and alternatives to a procedure. This duty is required under Pennsylvania’s Medical Care Availability and Reduction of Error (MCARE) Act. With this information, a patient can make an educated or “informed” decision regarding the available options and/or alternatives to medical procedures.

Supreme Court’s Majority Opinion

According to the majority opinion of the Supreme Court in Shinal, the physician must personally give the aforesaid information and obtain the patient’s consent. In other words, unless the treating physician provides the procedure-related information to a patient, the duty to adequately inform is not discharged.

Background of Case

Mrs. Shinal and her husband sued the defendant, Dr. Toms, and Geisinger Clinic in a medical malpractice suit. Mrs. Shinal, who had been diagnosed with a recurrent non-malignant tumor around her brain, alleged that Dr. Toms failed to properly inform her of the risks associated with a surgery to remove the tumor.

Dr. Toms denied breaching his duty to inform Mrs. Shinal. He countered that in a consultation with the Shinals on November 26, 2007, he had explained the risks of the different approaches to the surgery. These risks included possible damage or injury to Mrs. Shinal’s carotid artery and optic nerve.

Dr. Toms felt that Mrs. Shinal had understood the risks and wanted him to try and totally remove the tumor, which, though risky, would give her a better shot at long-term survival. Besides, Mrs. Shinal had a telephone conversation with Dr. Toms’ physician assistant (PA) on December 19, 2007, and the PA had gone through the risks of the procedure with her again at that time.

On January 31, 2008, Mrs. Shinal had an operation to remove the tumor, during which Dr. Toms perforated her carotid artery. As a result of the perforation, Mrs. Shinal sustained a hemorrhage, stroke, brain injury, and partial blindness. This medical malpractice lawsuit ensued shortly thereafter.

Jury Instruction: Informed Consent

The Supreme Court was invited to overrule the decisions of the trial court and the Superior Court, both of which exonerated the Defendant. The reasoning at the lower court and Superior Court had been that the Defendant was not obligated to personally inform the Plaintiff of all the facts, risks, and complications of the procedure. The Superior Court further ruled that the Defendant doctor could be assisted in this duty by his PA.

The trial court judge, before the finding of the jury, directed that the jury could consider any information provided to Mrs. Shinal by “any qualified person” working as an assistant to Dr. Toms.

However, the Supreme Court, with a majority of four justices concurring, held that a doctor was personally obligated to inform a patient of the risks and benefits of the procedure, as well as obtain her informed consent to proceed with the proposed treatment. The case was, therefore, ordered to be retried because, in the opinion of the Supreme Court, the trial court judge was wrong in his instructions to the jury.

Legal Assistance for Doctor Hospital Lawsuit

For questions relating to an medical malpractice issue, contact Matthew R Zwick, partner of Zwick Law, at (814) 371-6400 or mrz@zwick-law.com, to schedule a legal consultation and free case analysis.  At Zwick Law, we’re always here for you.

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

 

Auto Insurance: Increase in UIM Policy Limit Considered a ‘Purchase’ Requiring New Stacking Waiver

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Federal Court Ruling on Under Insured Motorist (UIM) Benefits

On February 5, 2018, the federal District Court for the Eastern District of Pennsylvania ruled that increasing Under Insured Motorist (UIM) benefits counts as a new purchase of insurance coverage. Therefore, automobile insurance carriers must obtain a new waiver of stacked benefits under the auto insurance policy.

Stacked Benefits in UIM Coverage

Stacked benefits in UIM coverage mean that a person who buys automobile insurance for more than one vehicle under the same policy can choose to purchase up to double the UIM insurance coverage. The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) requires insurance carriers to offer stacked benefits to every policyholder who buys insurance. If the policyholder decides not to take advantage of the stacked benefits, the insurer must obtain a written waiver of those benefits.

Example of Stacked Benefits

If you insure two cars for $20,000 each, you are eligible for stacking benefits that allow you to claim up to $40,000 on each vehicle. The MVFRL requires the insurer to offer this option to every insured. If the insured declines, the insurer must obtain an express written waiver of the option to purchase stacked benefits.

Court Case: Barnard v Travelers

According to the Pennsylvania Eastern District Court in Barnard v Travelers, No. 17-00290, whenever an insured chooses to increase the amount of coverage under their UIM policy, the insurance carrier must obtain a new written waiver of stacked benefits as required by the MVFRL.

Background of the Case

Michelle Barnard, the Plaintiff, held a UIM policy with The Travelers Home and Marine Insurance Company, the Defendant, since 2007. When she initially secured the policy, she had UIM coverage limits of $50,000 for each of her two vehicles 6. At the time of purchasing the initial insurance coverage, she signed a written waiver of stacked benefits under that policy, waiving her right to stack UIM benefits under her policy. With that, the maximum amount of UIM benefits she could claim under her policy was $50,000.

In May 2009, Ms. Barnard increased her third-party liability coverage limits under the policy from $50,000 to $100,000 on each insured vehicle. This meant she would have been entitled to claim up to $200,000 on each car, as per her allowable stacked benefits. Notably, Ms. Barnard did not sign any written waiver of her stacked benefits upon this increase in coverage.

When Ms. Barnard was injured in a car accident on June 17, 2016, she submitted a UIM claim under her policy with Travelers Insurance. Travelers tendered $100,000 in UIM benefits to Ms. Barnard, assuming she had waived her option to stack her UIM benefits in 2007. Ms. Barnard rejected this tender and sued Travelers, claiming she was entitled to more than was tendered.

Increase in UIM Limit is a “Purchase”

Travelers argued before the Eastern District Court that it had no duty to obtain a new waiver of stacked benefits under the policy, even after Ms. Barnard increased her liability insurance coverage limits in 2009. Travelers claimed the initial 2007 waiver was still in operation and effective, despite the increased coverage purchased by Ms. Barnard in 2009.

The federal district court rejected Travelers’ argument. Judge Gerald McHugh held that the language of the MVFRL requires a renewed waiver of stacked benefits when liability coverage limits are increased or purchased. According to Judge McHugh, because an increase in coverage under an existing policy requires an insured to pay a higher premium, an increase in coverage limits qualifies as a “purchase” as defined by the MVFRL. As a result, the court ruled that Travelers should have obtained a new waiver of UIM stacked benefits in 2009 when Ms. Barnard increased her liability insurance limits. Pursuant to the district court’s ruling, Travelers was responsible for paying Ms. Barnard up to $200,000 in UIM benefits under her policy.

Contact Zwick Law

For questions relating to the MVFRL and Pennsylvania auto insurance coverages, please contact Matthew R. Zwick, partner of Zwick Law, at (814) 371-6400 or by e-mail, to schedule a legal consultation. At Zwick Law, we’re always here for you

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.