Shamokin, PA asked in Estate Planning for Pennsylvania

Q: I did my own will through the Suze Orman website and my will mentions a revocable trust but I didn't do it.

Is it OK that my will mentions this trust but I decided not to do it. There was no way to take it out. According to them it automatically does it and they told me to check with my state to see if it matters that it says there is one and I don't have one.

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2 Lawyer Answers

John B. Whalen, Jr.

PREMIUM
Answered
  • Estate Planning Lawyer
  • Wayne, PA
  • Licensed in Pennsylvania

A: ... Hello ...

... please please please do not listen to Suzy Orman ... She is based in California, cites California law, and is not an attorney ...

... Estate and Wills law is state specific ...

... Please ensure your Will is proper under Pennsylvania law ...

... thank you and good luck ...

... John ...

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John B. Whalen, Jr., JD., LL.M., Attorney and Counselor at Law. Mr. Whalen is AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements). He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates, from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law). He has also been named as an Awesome Attorney in the field of Probate, Wills, and Estate Planning Law (by the Suburban Life Magazine of the Philadelphia suburbs) for the years 2010 through 2018, and was Editor-in-Chief of the Delaware Law Forum at Widener School of Law.

Mr. Whalen has spoken for the Pennsylvania Bar Institute and the Delaware County Estate Planning Council, and has had his legal articles and blogs published by the Pennsylvania Bar Institute, the Pennsylvania Law Weekly, the Martindale.Com, website, the Lawyers.Com website, the Avvo.Com website.  Mr. Whalen provides an intial consultation, despite the duration of the consult, for a paid one hour consultation fee, seven (7) days per week, including all evenings, weekends, and holidays.

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Peter N. Munsing

PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Tell them you want your money back if they gave you advice. Otherwise report them to the Bar for practicing law without a license.

That being said, if you have a paragraph that refers to another writing ("instrument" ) that isn't attached, the Court should interpret it as a nothing. However depending on your will this can confuse things.

Either see an attorney or go to your county law library, look for the "yellow books" on wills (PBI).

But really, if it's important enough to have a will, it's important enough to have a lawyer draft one.

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