Frequently Asked Questions (FAQ)
Last updated on September 21, 2026
Answers to Common Questions About Estate Planning, Elder Law, Medicaid Planning, Special Needs Planning, Guardianships, Estate Administration, And Veterans Benefits
We know that many clients begin their planning journey with questions. The following FAQs address some of the most common concerns our lawyers hear from individuals and families in Phoenixville and throughout Pennsylvania.
If you do not see your question below, we encourage you to contact our office to schedule a consultation.
Estate Planning FAQs
Do I really need an estate plan?
Yes. Estate planning is not only for wealthy individuals. Every adult should have basic documents in place to address incapacity, healthcare decisions, financial management, and the distribution of assets at death.
What happens if I die without a will?
If you die without a Will, Pennsylvania law determines who inherits your assets. The individuals who receive your property — and the amount they receive — may differ from what you would have chosen.
What is the difference between a will and a trust?
A Will directs the distribution of assets after death and generally requires probate. A Trust may allow assets to pass without probate and provides additional planning opportunities for incapacity, privacy, and beneficiary protection.
How often should I update my estate plan?
We generally recommend reviewing your plan every three to five years or whenever there is a major life event such as marriage, divorce, birth of a child, death of a loved one, retirement, or significant financial change.
Do beneficiary designations override my will?
Often, yes. Assets such as life insurance policies, retirement accounts, and certain investment accounts typically pass based on beneficiary designations, rather than the terms of your will.
Elder Law FAQs
What is elder law?
Elder law focuses on the legal, financial, healthcare, and quality-of-life issues affecting older adults and their families. This often includes long-term care planning, Medicaid planning, incapacity planning, guardianships, caregiver planning, and asset protection.
When should I contact an elder law attorney?
The earlier the better. Planning before a crisis generally provides more options and greater flexibility.
What is a Certified Elder Law Attorney (CELA®)?
A Certified Elder Law Attorney is an attorney who has demonstrated substantial experience, advanced education, peer-reviewed competency, and successful completion of a comprehensive certification examination focused on elder law and special needs planning.
Medicaid And Long-Term Care Planning FAQs
Do I have to spend all of my assets before qualifying for Medicaid?
Not necessarily. Many families are surprised to learn that planning opportunities may exist to protect assets while still creating a path toward Medicaid eligibility.
Is it too late to plan if my loved one is already in a nursing home?
Usually not. While advance planning provides the greatest flexibility, planning opportunities often still exist even after a nursing home admission or hospitalization.
Will Medicaid take my house?
Not automatically. The treatment of a residence under Medicaid rules depends upon numerous factors, including ownership, marital status, occupancy, and future estate recovery considerations.
Should I let the nursing home handle the Medicaid application?
Not without first understanding your planning options. Nursing homes are focused on obtaining payment. A Certified Elder Law Attorney can evaluate whether opportunities exist to protect assets before an application is filed.
What is the Medicaid five-year lookback period?
Medicaid reviews certain transfers made during the five years preceding a nursing home Medicaid application. Gifts and certain transfers may affect eligibility if not properly planned.
Can I protect assets for my spouse?
In many situations, yes. Medicaid contains special rules designed to protect a healthy spouse who remains at home.
Special Needs Planning FAQs
What is a special needs trust?
A special needs trust is a trust designed to hold assets for a person with disabilities without jeopardizing eligibility for certain public benefits.
What is the difference between a first-party and third-party special needs trust?
A First-Party Special Needs Trust is generally funded with assets belonging to the beneficiary. A Third-Party Special Needs Trust is funded with assets belonging to parents, grandparents, or other third parties.
What is an ABLE account?
An ABLE account is a tax-advantaged savings account available to eligible individuals with disabilities that may be used alongside Special Needs Trust planning.
Do I need both an ABLE account and a special needs trust?
Sometimes. The appropriate strategy depends on the beneficiary’s circumstances, assets, and goals.
Guardianship FAQs
What is a guardianship?
A guardianship is a court proceeding through which a judge appoints an individual to make certain decisions for someone who can no longer make informed decisions independently.
Are there alternatives to guardianship?
Yes. Depending on the circumstances, alternatives may include powers of attorney, supported decision-making arrangements, representative payees, trusts, and other planning tools.
What is the difference between a limited and plenary guardianship?
A limited guardian has only those powers specifically granted by the court, while a plenary guardian has broader authority.
Can a guardianship be terminated?
Yes. If circumstances change and the individual regains capacity or requires fewer restrictions, the court may modify or terminate the guardianship.
Estate And Trust Administration FAQs
Do I have to use the attorney who drafted the will?
No. Executors and trustees are generally free to choose the attorney they believe is best suited to assist with the administration.
How long does probate take?
Every estate is different. Some estates may close within several months, while others take a year or longer depending on assets, tax issues, beneficiary concerns, and court requirements.
What does an executor do?
An executor is responsible for gathering assets, paying debts and taxes, communicating with beneficiaries, and distributing the estate according to the will and Pennsylvania law.
What if I have been named as a trustee?
Trustees have fiduciary responsibilities that may include managing assets, making distributions, filing taxes, communicating with beneficiaries, and maintaining records.
Can I administer an estate myself?
Sometimes. However, many fiduciaries seek legal guidance because estate and trust administration involves significant legal, tax, and fiduciary obligations.
Estate And Inheritance Tax FAQs
Does Pennsylvania have an inheritance tax?
Yes. Pennsylvania imposes an inheritance tax on many transfers occurring at death.
What is a Federal Estate Tax Return (Form 706)?
Form 706 is the federal estate tax return filed for certain larger estates and may also be filed to preserve portability opportunities for a surviving spouse.
What is portability?
Portability allows a surviving spouse to utilize a deceased spouse’s unused federal estate tax exemption under certain circumstances.
What is basis planning?
Basis planning focuses on reducing future capital gains taxes through proper structuring of asset ownership and estate planning strategies.
Veterans Benefits FAQs
Do I qualify for VA pension benefits?
Eligibility depends upon military service history, income, assets, and other factors.
What is Aid And Attendance?
Aid And Attendance is an enhanced VA benefit that may provide additional financial support to qualifying veterans and surviving spouses who need assistance with daily activities.
Can VA benefits and Medicaid work together?
Sometimes. The interaction between these programs can be complex and should be evaluated carefully.
Is Rebecca Hobbs accredited by the VA?
Yes. Rebecca A. Hobbs is accredited by the United States Department of Veterans Affairs to assist claimants with the preparation, presentation, and prosecution of claims for VA benefits.
Working with Hobbs Legacy Law Group, LLC
What areas of law does the firm focus on?
Our practice focuses on:
-
- Elder Law
- Estate Planning
- Special Needs Planning
- Medicaid & Long-Term Care Planning
- High Net Worth Planning
- Estate & Trust Administration
- Guardianships
- Orphans’ Court Litigation
- Veterans Benefits Planning
- Business Formation & Succession Planning
Do you offer virtual meetings?
Yes. We offer both in-person and virtual consultations for many planning matters.
Do you use a client portal?
Yes. We utilize secure technology and client portals that allow clients to upload documents, communicate with our team, and stay informed regarding the status of their matters.
How do I get started?
The first step is scheduling a consultation so we can learn about your goals, answer your questions, and recommend the planning options most appropriate for your situation.
Still Have Questions?
Every family is different. If you do not see your question here, we invite you to contact Hobbs Legacy Law Group, LLC. We are happy to help you understand your options and create a plan designed to protect the people, priorities, and legacy that matter most.