Will Attorney in Montgomery County

Why Family Law Experience Matters for Will Drafting

A will drafted without accounting for your family situation can create serious problems at exactly the wrong moment. Our attorneys handle divorce, custody, and estate planning together, which means we see how those issues intersect in ways that matter. Custody designations affect guardianship choices. Equitable distribution changes what your estate actually contains. A settlement agreement can alter the value of assets you intended to leave to your children.

We don’t use a one-size-fits-all document process. Every client’s plan reflects their specific goals, their family structure, and their current legal circumstances. If your situation is in flux, a will that doesn’t account for that can create risk rather than protection.

Pennsylvania Will Requirements for Montgomery County Residents

Under 20 Pa.C.S. § 2502, a valid Pennsylvania will must be in writing and signed by the testator at the end of the document. Pennsylvania doesn’t recognize oral or electronic wills, and the testator must be at least 18 years old and of sound mind at the time of signing.

Without a valid will, Pennsylvania’s intestate succession laws determine who receives your property. That distribution follows a fixed statutory order beginning with a spouse and children, regardless of your actual wishes. A properly drafted will lets you name an executor to administer the estate and, for parents, designate a guardian for your minor children.

Two additional drafting considerations carry significant practical weight:

• Self-proving affidavit: Pennsylvania doesn’t require witnesses for a will to be technically valid, but executing the will before two witnesses and including a self-proving affidavit under 20 Pa.C.S. § 3132.1 can allow the Montgomery County Register of Wills to admit the will to probate without requiring those witnesses to appear later.
• Pennsylvania inheritance tax: Pennsylvania imposes an inheritance tax on bequests at rates that vary by the relationship between the decedent and the beneficiary. There is no separate Pennsylvania estate tax. Understanding how these rates may apply to your beneficiaries is part of thoughtful planning.

Divorce & Your Will in Montgomery County

Under 20 Pa.C.S. § 2507, any will provision benefiting a spouse becomes ineffective upon divorce, or if the testator dies during pending divorce proceedings after grounds have been established, unless the will expressly states otherwise. A client who named their spouse as primary beneficiary or executor before a divorce may find those designations legally void once proceedings conclude.

That automatic revocation doesn’t extend uniformly to beneficiary designations on life insurance policies and retirement accounts. Pennsylvania law does revoke designations favoring a former spouse for many state-governed accounts, but federal retirement accounts covered by ERISA, including most 401(k) plans, aren’t affected by the state statute. For those accounts, the designation must be updated separately. Failing to do so may direct significant assets to an ex-spouse regardless of what your will says. Because we handle both divorce and estate planning, our attorneys can identify when a pending or completed divorce has compromised an existing will and what needs to change.

Remarriage, the birth of a child, and significant changes to your assets are additional events that typically require a will to be reviewed. Parents sharing custody in Montgomery County should also ensure their will designates a guardian whose appointment is consistent with existing custody orders and the best interests of their children.

Will Contests in the Montgomery County Orphans’ Court

Not every will is accepted without question when submitted for probate. Challenges arise on several recognized grounds under Pennsylvania law, and disputes requiring judicial resolution in Montgomery County are heard by the Orphans’ Court Division of the Montgomery County Court of Common Pleas.

Common grounds for a will contest include:

• Lack of testamentary capacity: A claim that the testator lacked the legal and mental ability to understand and execute a will at the time of signing.
• Undue influence: A claim that another party improperly pressured the testator into making or changing the will.
• Fraud: A claim that the testator was deceived about the nature or contents of the document they signed.
• Improper execution: A claim that the will wasn’t signed or witnessed in accordance with Pennsylvania law.

A successfully contested will is treated as invalid. If no prior valid will exists, the estate passes under Pennsylvania’s intestacy laws. Proper drafting and execution, including witnesses and a self-proving affidavit, can substantially reduce the grounds available for a challenge. Our litigation experience in contested family law matters extends to disputed will proceedings, and we can represent clients on either side of a challenge.

Schedule a Consultation with a Montgomery County Will Lawyer

Whether you’re drafting a will for the first time, updating one after a life change, or navigating a disputed estate, Testa & Pagnanelli, LLC brings family law context and legal experience that general estate planning firms may not offer. We serve clients throughout Montgomery County from our offices in Norristown, with additional offices in Philadelphia and Radnor.

Complimentary initial consultations are available. Call (610) 365-4733 to speak with our team and discuss your estate planning goals.