Mitchell Legacy Law

Estate planning attorney · Philadelphia, PA

If you couldn’t sign your name tomorrow, who could?

Most estate planning is sold around death. The harder problem usually comes years earlier, when someone has to walk your documents into a bank and be believed.

I build Pennsylvania estate plans for that moment, and for the one after it.

Why Pennsylvania is different

Pennsylvania is not California, and your plan shouldn’t pretend otherwise.

Most estate planning content online was written for a different state. It describes a probate system with statutory fees calculated on the gross value of the estate, which is why so much of it reads like a warning. Pennsylvania does not work that way, and planning around the wrong problem costs you money in two directions at once.

The real cost here is inheritance tax, not probate.

Pennsylvania taxes what your beneficiaries receive based on their relationship to you, not the size of your estate, and there is no exemption threshold. It applies from the first dollar. A surviving spouse pays nothing. Children and other lineal heirs pay 4.5%. Siblings pay 12%. Everyone else pays 15% (72 P.S. § 9116).

A revocable living trust does not avoid it.

This is the single most common thing Pennsylvania families get wrong, usually after watching a video made for someone in another state. Assets in a revocable trust remain part of your taxable estate for Pennsylvania inheritance tax purposes. A trust can do a great deal for you. That particular job is not one of them.

Execution is where Pennsylvania plans actually fail.

Since January 1, 2015, a Pennsylvania power of attorney must be signed, notarized, and witnessed by two adults, and your agent cannot be one of those witnesses (20 Pa.C.S. § 5601). Because most married couples name each other as agent, this quietly invalidated a signing practice that had been routine for decades.

Five steps

How this works

1

Discover

We talk about your family, your assets, and what you’re actually worried about. No documents drafted yet.

2

Design

I recommend a specific structure and tell you what it costs. You decide.

3

Implement

I draft. You review. We revise until it says what you mean.

4

Protect

We execute properly, with the right witnesses and notarization, and I make sure your agents know what they’re holding.

5

Update

Life changes. So should the plan.

What it costs

I quote a flat fee before any work begins. You will know the number before you commit, and it does not move because a matter took longer than I expected.

If your situation is simpler than that, I will tell you, and the fee will reflect it.

Most complete estate plans
$3,000 to $5,000

Depending on whether the plan needs a trust, how many beneficiaries are involved, and whether business interests or property in another state are in the picture.

Is your Pennsylvania power of attorney actually enforceable?

A 12-point self-audit for documents you already have. Covers the witness and notary requirements, the statutory notice, the agent acknowledgment, and what to do when a bank refuses to accept it.

Free. No obligation. Written for Pennsylvania.

What clients say

He explained our power of attorney in language we could repeat to our daughter. That had never happened with a lawyer before.

Diane R. · Mount Airy, Philadelphia

My father’s bank refused his POA. Joe sent one letter and it was accepted the following week.

Anthony C. · Montgomery County

I was named executor and had no idea where to start. I knew the fee before we began and it never changed.

Karen S. · Bucks County

Testimonials reflect the experience of individual clients and are not a guarantee of any particular result. Read more client experiences.

About Joe Mitchell

Why I do this work

I watched a family I knew spend fourteen months and most of a modest inheritance in a guardianship proceeding, because a power of attorney had been signed with a spouse as the only witness. Everyone in that room had done what they thought was right. The document simply did not hold.

Thirty-five years later, that is still the work: making sure the paper holds when the family needs it, and explaining it in language you can repeat at your own kitchen table.

Let’s find out what you actually need.

The first conversation is a conversation, not a sales pitch. Bring your questions and whatever documents you already have. If you don’t need what I sell, I’ll say so.

515 W. Chelten Avenue, Suite 909, Philadelphia, PA 19144