Additional Info

What is a Will? 

A Will is a document that is created to help make your loved ones decision at the time of death. The Will contains important direction as to your wishes for your funeral. It can also contain your direction on dispersing the estate amongst your loved one. 

Your Will can also help to name someone to be left in charge of your children if something was to happen to you. This very important when their are enfants or young children involved in the family. 

The Will also simplifies the legal process for the lawyer which will result in minimizing the legal costs that your family will encounter. 

One of the most important aspects of the Will is that it will prevent Family bitterness. Your Will will help guide your family through all aspects of the Death Process 

What if I don't have a will? 

There is no specific person responsible for making your funeral arrangements. This can make co-ordination of funeral details very difficult and often leaves hurt feeling if everyone does not agree. 

If you die without a Will, you have died in testate. Your property must go through the probate process in order to have the legal title to the property transferred to your heirs at law. Applicable state or provincial statutes define your heirs at law. The law of the state or province where you live controls the distribution of your personal property. 

The rules for determining who gets property distributed from an in testate estate have many variations. Subtle differences between the rules can have a material effect on who inherits when there is no Will. 

An example of an in testate estate distribution rules, taken from the community property is: 

- if married, the spouse gets 100% of the community property, but only one-third or one-half of the separate property left, as children, parents, and any issue of children or parents, can share in the distribution. 

- If married (this includes widows and widowers), the property is distributed to relatives in the following order: 

1. All to your issue your children, grandchildren, great grandchildren, etc., if there are any. If none, then 

2. All to your parents (equally), or to the surviving parent, if any. If none, then 

3. All to the issue of your parents (your brothers and sisters, then your nieces and nephews, etc). If none, then 

4. All to your grandparents (equally) or the surviving grandparent, or the issue of your grandparents (your aunts and uncles, then your cousins, etc.). If none, then 

5. All to the issue of any predeceased spouse (your step-children). If none, then 

6. All to your next of kin. If none, then 

7. All to the parents of a predeceased spouse (your mother- and father-in-law), or the issue of the parents of the deceased spouse (your brothers- or sisters-in law). If none of the above exist, then 

Making your Will 

Making a will that will accomplish what you want it to isn't nearly as complicated as many people fear. There are just a few simple rules; follow them and your wishes will be carried out. 

Age: To make a will, you must either be at least 18, or an "emancipated" minor. 

Mental State: You must be of "sound mind" to make a valid will. It's not a rigorous requirement. The standard interpretations require that you: 

know what a will is and that you're making one understand the relationship between yourself and those persons who you would normally provide for, such as a spouse or children understand what you own, and be able to decide how to distribute your property. 

Do I need a lawyer to make my will? 

Probably not. Making a will rarely involves complicated legal rules, and most people can draft their own will with the aid of a good self-help book or software program. You just need to know what you own, whom you care about, and have a good self-help resource to guide you. 

But if you have questions that aren't answered by the resource you're relying on, a lawyer's services are warranted. Even so, you don't have to turn over the whole project; you can simply ask your questions and then finish making your own will. 

What makes a will legal? 

Any adult of sound mind is entitled to make a will. (And if you're reading this article, you're of sound mind.) Beyond that, there are just a few technical requirements: 

The will must be typewritten or computer generated (unless it is a valid handwritten will, as discussed above). 

The document must expressly state that it's your will. 

You must date and sign the will. 

The will must be signed by at least two, or in some states, three, witnesses. They must watch you sign the will, though they don't need to read it. Your witnesses must be people who won't inherit anything under the will. 

You don't have to have your will notarized. In many states, though, if you and your witnesses sign an affidavit (sworn statement) before a notary public, you can help simplify the court procedures required to prove the validity of the will after you die. 

Do I need to file my will with a court or in public records somewhere? 

No. A will doesn't need to be recorded or filed with any government agency, although it can be in a few states. Just keep your will in a safe, accessible place and be sure the person in charge of winding up your affairs (your executor) knows where it is. 

Where should I keep the will? 

Most States in the United States and Provinces in Canada do not have a government department in charge of a general repository for Wills. Most wills are retained either by the law firm who prepared the Will or at the residence of the person who made the Will. 

Most law firms that hold the Will, will keep the Will in safe keeping free of charge. The Will can be picked up by you at any time or the law firm willl send the Will to you upon receiving a written letter to this effect from you or your executor upon your death. This is a relatively safe procedure. You should verify however, in what manner are the Wills stored, that is, whether the Wills are stored in a Vault or in a filing cabinet at the law firm. Your decision should be governed accordingly. 

We at G. Choice Funeral Chapel, Inc recommend that you do not leave the Will at your residence. Not only is it susceptible to theft, but in the event of a fire, you and your Will are unavailable. This is clearly not what you intend. We also do not recommend that you keep your Will in a safety deposit box, as in some states the safety deposit box is sealed at the time of death. Keep the Will in any other secure place and ensure that your executor is aware of its location. 

What is the basis for a will to be contested? 

Most of the challenges to invalidate Wills are by potential heirs or beneficiaries who got little or nothing. Questions on the validity of a Will must be filed in probate court within a certain number of days after receiving notice of the death or petition to admit the Will to probate. 

The typical objections: 

1. The will was not properly drawn, signed or witnessed, according to formal requirements 

2. The decedent lacked mental capacity at the time the Will was executed 

3. There was fraud, force or undue influence; or 

4. The will was a forgery. 

If the Will is held invalid, the probate court may invalidate all provisions or only the challenged portion. If the entire Will is held invalid, generally the proceeds are distributed under the laws of intestacy of the probating state or province. 

Needless to say, if there is even the possibility of a Will contest, an experienced probate lawyer is a must. 

Children with Special Needs 

If you have a child with special needs, ensure that you relay this information to your lawyer. You may wish to set aside a sum of money to deal with this issue. This is often addressed in the Will by establishing what is known as a Trust Fund. After the payment of all debts, the Trustee who is appointed under the Will to receive funds will be directed to use a certain amount of money from the Estate for the "special needs" person who is referred to as the Beneficiary. It is very important when a Trust Fund is established under a Will that you receive competent legal advice. The amount of the Trust Fund may be large if the child is to be looked after for an extended period of time. You must be sure that the Trustee, (the person who administers the Trust), is not only trustworthy but not of an age that the Trustee will likely predecease the Beneficiary. The Trust must have a provision for the replacement or addition of other trustees over time, if required. 

Choosing a Guardian 

If you have young children, you should choose a personal guardian -- someone to raise them in the highly unlikely event you can't. 

If your children are young, you've probably thought about who would raise them if for some reason you and the other parent couldn't. It's not an easy thing to consider. But you can make some simple arrangements now that will allay some of your fears, knowing that in the highly unlikely event you can't raise your kids, they will be well cared for. 

All you need to do is use your will to name the person you want to be the "personal guardian" of your children if one is ever needed. Then, if neither you or the children's other parent can raise them and a court must step in to appoint a guardian, the judge will appoint the person you nominated in your wills (unless, for some reason, it is not in the best interests of your children). 

If you don't name a guardian in your will, anyone who is interested can ask for the position. The judge then must decide, without the benefit of your opinion, who will do the best job of raising your kids. 

Administration of a Will 

Wills are simple, inexpensive ways to address many estates. But they don't do it all. Here are some things that may not be accomplished in a will. 

Named Beneficiaries for Certain Kinds of Property 

A will can't be used to leave: 

•Property you held in joint tenancy with someone else. At death, the deceased's share will automatically belong to the surviving joint tenant(s). A will provision leaving the deceased's share to someone other than the surviving joint tenant, would have no effect unless all joint tenants died simultaneously. 

•Property that was transferred to a living trust. 

•Proceeds of a life insurance policy for which there is a named beneficiary. 

•Money in a pension plan, individual retirement account (IRA), 401(k) plan or other retirement plan. 

•Money in a payable-on-death bank account. 

Estate Settlement Issues

Wills, probate, administrator, social security benefits, veterans benefits, insurance benefits, joint property, estate taxes and other issues may appear overwhelming after the death of a loved one. Sorting and settling all the details may be confusing because many of the terms are unfamiliar. Please feel free to print this document. This guide is not intended to be a substitute for specific individual tax, legal, or estate settlement advice, as certain of the described considerations will not be the same for every estate. Accordingly, where specific advice is necessary or appropriate, consultation with a competent professional is strongly recommended. Most of all keep in mind that while it is important to take care of all of these activities, it's more important to move slowly at a pace that is comfortable for you during your grieving process.

Notify Creditors

Creditors should be notified promptly following a death. If there is to be a delay in meeting debts or installment payments, you may be able to file for extensions. Many creditors are sympathetic to these situations and are willing to grant your requests. If credit insurance or mortgage insurance policies were in force, purchases made on credit (vehicles, furniture, etc.) or the home mortgage may be paid off by the insurance. Ask your lending institution.

All information courteous of :

answers.uslegal.com/wills-and-estates , www.forbes.com ,

info.legalzoom.com › Wills & Trusts , esfs, ffh.com

Benefits for Children when a parent dies 

http://www.socialsecurity.gov/pubs/EN-05-10085.pdf

Benefits for Spouses: 

http://www.socialsecurity.gov/phila/PDF/fh-current.pdf

The History & Development of the Lump Sum Death Benefit 

Original 1935 Act- 

The origins of the Lump Sum Death Benefit (LSDB) were in the original 1935 legislation, although not intended to be a "burial benefit" as such. The concern in the 1935 Act was the equity for individuals who died prior to retirement age (65 at the time). And since there were no survivors benefits in the original program, a provision was added to award a LSDB to the survivors in the amount of 3.5 % of the individual's covered earnings. LSDB payments were made from 1937 through 1939 and since the maximum covered earnings during these years was $3,000 per year, the maximum LSDB payment that could have been paid was $315, although virtually all of the payments were for considerably less than this amount. In December 1939 the average LSDB was $96.93. 

1939 Amendments- 

The major Amendments of 1939 introduced survivors benefits into the program and began regular monthly benefit payments in 1940. Due to the addition of survivors benefits, the original LSDB was discontinued. In its place, the current LSDB was introduced, with the intention that this would assist surviving family members when regular survivors benefits were not otherwise payable. If there were no surviving family members, the LSDB could be paid to an individual who assisted with the burial expenses of the worker. So the LSDB was not strictly a burial benefit, although it evolved over the years to be considered as such. 

The amount of the LSDB was defined as 6 times the Primary Insurance Amount (PIA). The PIA is basically the monthly benefit amount for the worker at full retirement age. 

The average LSDB payment in 1940 was $145.79. The minimum payment ever made under this 6X computation rule was $63.75 and the maximum payment $273.60. 

1950 Amendments- 

The 1950 Amendments lifted the restriction on the LSDB to cases where no survivors benefits were payable. After 1950, all deaths of covered workers were potentially eligible for the LSDB. 

The 1950 Amendments also increased basic monthly benefits for the first time since payments began in 1940. This large increase in payment levels (almost 80%) would have dramatically increased the LSDB, so the benefit was redefined as 3 times the PIA. The result was to hold the maximum LSDB amount steady at approximately the existing level. The average LSDB payment in 1950 was $147.81. 

1954 Amendments- 

The cap of $255 on the LSDB was introduced by law in 1954. Two years prior to this legislative change, the maximum PIA payable under Social Security had reached the $85 level. Thus 3 X the PIA for these maximum cases would yield a LSDB of $255. In 1954, Congress decided that this was an appropriate level for the maximum LSDB benefit, and so the cap of $255 was imposed at that time. 

This 1954 change meant that no claim for a LSDB could be paid of more than $255, although claims could still be for less than this amount--if the person's actual PIA was lower than $85. 

So, the statutory cap on the LSDB has been in place since 1954. However, most people did not receive the maximum payment in 1954, and the average LSDB payment that year was only $207.86. 

By 1974 the lowest possible PIA had reached $85, and hence the lowest possible LSDB payment available under the computation formula also reached $255. Thus the cap on the LSDB at $255 also effectively became a floor under the benefit. However, because some people who died in a given year would have had their PIA figured for earlier years (and thus might have PIAs less than $85), there were still some cases in which the LSDBs being paid were less than the $255. (The effect of this on the average LSDB payment can be seen in this Table.) 

1981 Amendments- 

The Omnibus Budget Reconciliation Act of 1981 made two changes to the law regarding the LSDB. Previously if no spouse or child of the deceased worker was eligible for receipt of the LSDB, a funeral home or other party who was responsible for the funeral expenses could sometimes claim the benefit. After the 1981 changes, the only people eligible for the LSDB are a spouse who was living with the worker at the time of his death, or a spouse or child who is receiving monthly benefits on the worker's record. In some cases, therefore, a LSDB is no longer paid. 

The second change in the 1981 law eliminated the minimum benefit guarantee of previous law. This meant that individuals might have PIAs considerably lower than $85, and hence LSDBs considerably lower than $255. To prevent this from happening, the law provides that the provisions of the 1981 OBRA act which eliminated the minimum benefit are not considered when computing the LSDB. Thus, current law provides that the LSDB is 3 X the PIA, or $255, whichever is less. And in determining the PIA, for this purpose alone, the PIA is computed as if the minimum benefit repeal provision of the 1981 law had never been passed. 

Prepared By: 
Larry DeWitt 
SSA Historian's Office 
June 1996 
Updated 9/7 

The Division of Vital Records maintains birth and death events that occurred in Pennsylvania from 1906 to the present.This website provides information on obtaining certified copies of birth and death certificates, amending these certificates and other available services. You may need certified copies of birth or death certificates for: 

• Passport 
• Employment 
• Inheritance 
• School Entrance 
• Personal Identification 
• Genealogy 
• Estate Purposes 

There are three ways to obtain a certified copy of a birth or death certificate. The current fee is $20 per copy.Be sure to complete all required information on the application form provided within each link: (Click link or Copy and paste into your web browser) 

Online : http://www.health.pa.gov/MyRecords/Certificates/BirthCertificates/Pages/21472.aspx#.VbpAvsvbJkc

Request by mail: http://www.portal.state.pa.us/portal/server.pt/document/1272215/death_by_mail_pdf

Order in person:Division of Vital Records

110 North 8th Street; Suite 108 

Philadelphia, PA 19107-2412 

(215) 560-3054