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Do I Need a Will?

Gaydos Law P.C.

Should I hire estate planning attorneys to prepare my will?

In Pennsylvania, having your last will and testament prepared by experienced attorneys may be the most reasonable investment into your peace of mind. While the Probate, Estates and Fiduciaries Code outlines a plan for how your property should pass when you die without a will, the intestacy statute is silent on a number of critical considerations, including who may serve as guardian of your minor children. The seasoned attorneys at Gaydos, Gaydos & Associates, P.C. recognize the most common pitfalls in estate planning and preparation, and are able to work with you to make certain that your loved ones are provided for according to your own terms. 


Can I prepare my own will?

With respect to last wills, longstanding Pennsylvania law only requires that an instrument be written and signed by the decedent at its end, evidencing a reasonably certain declaration of intent. Although other important considerations exist (e.g. whether the instrument should be “self-proving” with the affidavits of two witnesses), testamentary intent is indispensable and the format is largely immaterial. For example, a valid will may be created on loose leaf paper so long as it shows testamentary intent and is signed at the end.


While the requirements for creating a valid will are minimal, the decision to prepare your own estate planning documents is often perilous. The Pennsylvania Superior Court, in a memorandum decision, recently addressed whether a handwritten document, signed and dated by the decedent, should have been admitted to probate.1The document, which referred to itself as a will, indicated that it was to supersede all previous wills, and even contained specific bequests for friends and family.


In determining whether the document had the requisite testamentary intent, the trial court looked at ambiguities in the document itself, including omissions and potentially missing pages. Even though the decedent had carefully stated her intention to dispose of certain property and revoke prior wills, the court found that the document was more likely handwritten preparatory notes. The Superior Court affirmed the trial court’s findings.


While you certainly can prepare your own will it does not mean that you should. Apart from simply having an instrument that is valid for probate purposes, our attorneys can assist you in finding a global solution that addresses your unique needs and concerns. Contact us at (412) 678-7900 to discuss your options and schedule a consultation.

By Gaydos Law P.C. 22 Aug, 2023
Attorney Michael Potochny represented a Plaintiff that was rear-ended on the Parkway East in Pittsburgh, PA, by a driver the Plaintiff contends was distracted by using a small hand held iPad device while driving. The Plaintiff suffered injuries in this car crash collision that resulted in an injured neck as well as a retinal detachment. Plaintiff had surgery to correct the eye injury that occurred in the accident. Damages that Attorney Potochny presented included pain and suffering connected to the soft tissue neck injury as well as the affects and after effects of the eye surgeries required to correct the damage to the eye. Lost wages were also presented as part of the damages suffered by the Plaintiff. Attorney Potochny also fashioned a claim for Bad Faith against the Plaintiff’s Underinsured Insurance carrier. The negligent driver paid money damages to the Plaintiff and after the case against the Plaintiff’s insurance company was filed and removed to the United States Federal District Court, the entire case settled for one-half of a Million Dollars ($500,000.00) Bring your accident case to Gaydos Law, P.C. We are experienced lawyers that will pursue your case even it requires litigation in State or Federal Court in order for you to receive the resolution you deserve. At Gaydos Law, P.C., you receive the “Attention you Deserve and the Results that you Expect”. Call today 412-678-7900.
By Gaydos Law P.C. 22 Aug, 2023
Our client drove out of her home driveway and onto the local access road, traveled a mere few hundred yards and was struck by an oncoming vehicle when it crossed the center line and came into her lane. The driver of the vehicle that caused her personal injury had dropped his cell phone on the floor of his vehicle and was looking down for it causing him to cross into her lane culminating in this car wreck. This automobile accident caused our client to suffer life threatening injuries that included a shattered pelvis, fractured legs, destroyed hips, fractures of the shoulder and hands. This head-on collision also caused fractures of nine ribs and compromised lungs. The client was hospitalized for over two months and is completing rehabilitation which has lasted several additional months. This case was valued by the attorneys at Gaydos Law, PC as being worth multiple millions of dollars in settlement value. Unfortunately, the tortfeasor (driver) who struck our client had a minimal policy and no assets from which to recover. The Gaydos Law PC personal injury lawyers examined all of the potential sources of coverage available to the client for her injuries suffered in this car crash. We learned that there were multiple underinsured motorist policies that may have been available to the client including several vehicle insurance policies covering household vehicles that were not connected to the vehicle in the accident. The car accident lawyers at Gaydos Law PC were able to recover the limits on every policy that was available which increased her settlement value recovering from $15,000.00 to a total of $245,000.00, over 16 times of that available from the responsible driver. Our lawyers also compromised the healthcare liens asserted by secondary health insurance putting extra net dollars into our client’s pocket. Unfortunately, bad things can happen because of the negligent behavior of others. Trust the lawyers at Gaydos Law PC to search every avenue to recover the most money possible for your injury. Let us review your case, call Gaydos Law, P.C. at 412-678-7900 or fill out our case form below.
By Gaydos Law P.C. 22 Aug, 2023
A woman who was in an assisted care facility required transportation to a doctor’s appointment. An ambulance service was called to transport her in a wheelchair van. Our client had difficulty walking because of a variety of factors and utilized a walker to assist her. Our client claimed the driver of the wheelchair van asked her to sit in the cab rather than be secured in the back utilizing the lift to enter the vehicle. She was attempting to climb into the front of the cab and fell backwards fracturing her hip. She had further complications requiring multiple surgeries. We utilized a nationally known transportation expert from New York City, a well-respected physiatrist, and a future care expert in this matter. The case settled at mediation for $1,350,000.00. If you have suffered a serious injury, let the professionals at Gaydos Law, P.C. recover the monies needed to rebuild your life. Call us at 412-678-7900 or fill out our case review form below.
By Gaydos Law P.C. 22 Aug, 2023
A young lady asked Gaydos Law, P.C. to represent her in a slip and fall accident that occurred in a Big Box Store parking lot. After a rain shower, our client slid on painted lines that were covered with oily residue. She broke her ankle in the fall and suffered RSD (reflex sympathetic dystrophy). We investigated the matter and found that the parking lot was not maintained consistent with the Big Box Store’s maintenance handbook. We had the paint used on the lines analyzed and found that it lacked the friction additives that prevented the lines from being slippery when wet. We also utilized satellite photography with images of the parking area where the fall occurred to show the large areas of oil staining in the parking lot that built up because of the lack of maintenance. Gaydos Law, P.C. was able to settle this case for $500,000.00. Prior to our involvement, the offer to settle was $2,500.00. Let us review your case, call Gaydos Law, P.C. at 412-678-7900 or fill out our case form below.
By Gaydos Law P.C. 22 Aug, 2023
A 45 year old woman consulted with us after firing one of the well-known personal injury firms in Pittsburgh. She worked in a mall and walked into a service hall where grease was spilled. She slipped on the grease and suffered a thoracic vertebrae compression fracture and other injuries that would not let her continue her employment. She showed us a letter from this well-known firm indicating that she should accept a $35,000.00 settlement offer from the mall for failure to maintain the floor surface. There was no mention of any other defendants participating in the settlement. We took the case and conducted discovery and investigations which revealed that two of the six food vendors in the food court had emptied their fryers on the morning of the accident. The grease storage facility location required transporting the grease through the hallway in question. We sued the mall along with the two food vendors and the case settled for $265,000.00 while picking a jury. At Gaydos Law, P.C., our experience and tenacity allows us to take that extra step to make sure we are satisfied that all who are negligent in your case pay what they owe for injuring you. We don’t settle for the easy money, you shouldn’t either. Call Gaydos Law P.C. to have your case reviewed even if other law firms have rejected your case. 412-678-7900 or fill out our case review form below.
By Gaydos Law P.C. 22 Aug, 2023
Our client was driving his motorcycle in Johnstown, PA when an oncoming car turned left into his path, causing the car to be struck by our client. Our client suffered devastating injury to his leg. The lawyers at Gaydos Law, P.C. were able to resolve this left hand turn/right-of- way case for the limits of all available insurance policies. A settlement was made for the underinsured limits of $450,000.00 plus the $15,000.00 limits of the responsible party. This case could have justified as much as $1.8 million dollars had our client not endorsed a signdown of UM/UIM limits on his 9 household vehicle policies reducing coverage on each of the 9 policies to just $50,000 per policy. Originally, each of the policies carried liability limits of $200,000/$500,000 per incident. Unfortunately, our client executed a signdown. The recovery was $1,350,000 less than what it could have been if our client would not have executed the signdown UM/UIM coverages. If you have a serious injury, let the proven professionals at Gaydos Law, P.C. represent you in order to recover the most money that you can. If you are unsure how to handle issues regarding your auto insurance tort selection or underinsured or uninsured limits consult us so that we can review your policy and make recommendations before a serious automobile accident or motorcycle accident occurs.
By Gaydos Law P.C. 21 Aug, 2023
My Bar exam story starts just like anyone else’s story. I signed up for the July Bar Exam, purchased a study aid, and prepared myself for the almost three monthlong process of studying. When I signed up, masks were not mandated, there was a toilet paper shortage, Tiger King was quickly becoming everyone’s favorite lock-down show to watch, and we all believed things would go back to normal in a month or so. It did not occur to me or anyone else that the Bar Exam would change –or that it even could change! I did not think that something as monumental as the Bar Exam could be affected by anything so I began studying like all lawyers have before me. In April 2020, the Pennsylvania Bar Association announced that the July 2020 exam would now be postponed to September 2020. Everyone who has taken the Bar knows that there is a rhythm and timing that comes with studying for the exam. Your time is used strategically, and your study schedule is designed to optimize the weeks leading up to your exam. Having to be told that the exam was postponed a few months threw a wrench into those carefully constructed plans. Never before had the Bar Exam been postponed. Regardless, I brushed it off and allowed myself to be comforted by the fact that I got two extra months to study. It’s not like they would postpone it again, right? In July 2020, the Pennsylvania Bar Association took it a step further –canceling all in-person examinations and switching to remote online exams in October 2020. We were all shocked. It was unbelievable that the Bar Exam could be postponed a second time, but even more unbelievable was that for the first time in its history, the Bar Exam would be administered remotely. The thought of taking the exam on my own from my own home had me racing with what-if scenarios. What if my wifi wasn’t strong enough? What if my family was home and was too loud? What if my computer randomly decided to catch fire or crash on exam day? What if a phone went off somewhere in my house and somebody thought it was mine? I did not want to be part of the first group to take the exam remotely–everything could go wrong, and there would be no one there to help me. I became even more anxious when a colleague of mine was scheduled to take the Florida Bar Exam in person, but two days before the exam it was postponed. My anxiety spiked. I could not imagine being within 48 hours of sitting for the exam that I had devoted months studying for only to be ripped from my grasp. I was also on edge because I was listening to my colleagues from Michigan explain the perils of their remote exams and all of the technological issued they faced. It did not seem fair. I had done everything right, followed all the advice, and studied everything that I was told to so I could get to this one exam. Being a lawyer was all I had ever wanted to be since I was 9 years old. While my elementary school friends wanted to be rock stars or princesses, I wanted to be the next Johnnie Cochran. I wanted to help people and give a voice to those who could not give one to themselves. I did not want to be a remote exam guinea pig. Each day of the exam brought its own struggles. The first day, none of my answers were uploading, which was problematic because they had given us strict instructions that answers had to be uploaded the same day. It was determined to be an exam-wide issue that all examinees were facing and eventually my answers were uploaded hours later. Crisis averted. I went into the second day of testing fairly confident since the only issue I had the day before was a delay in uploading answers. All of a sudden, tragedy struck. My laptop crashed SEVEN MINUTES BEFORE THE START TIME! I dropped to my knees. I frantically restarted my laptop and watched as nothing happened. It took ten minutes for it to restart and allow me to begin my exam. The last day of the exam seemed to run smooth. Either because I had experienced the worst that could happen in the exam (computer crash) or because by the third day everyone knew what to do. I did not have any technology issues, and my answers timely uploaded. I could not believe that I finally finished the first ever Pennsylvania remote Bar Exam. About two months after completing the Bar Exam, results were posted. I passed. I had achieved my biggest goal to date. I was finally becoming a lawyer. While my pandemic Bar Exam story differs from those in my profession who have taken this same road before 2020, it is satisfying to know that the hard work I put in to the years leading up to this one exam was all worth it. Nothing, not even a global pandemic, was going to stop me from achieving my dreams.
By Gaydos Law P.C. 21 Aug, 2023
The facts and circumstances of custody cases vary widely from family to family. Oftentimes, particularly when the dispute is between natural parents, parties are able to resolve a custody matter via an agreement without substantial court involvement. When the relationship between parents is particularly contentious, however, or third parties are participants(third parties being anyone that is not a natural parent), the issues involved can be more complex. They can also include cases of child dependency, which generally involve the child welfare agency taking custody of a child. While somewhat less common, private dependency petitions can also be filed by caregivers of a child or, in cases of teenagers with behavioral issues, by police familiar with the family and the child’s behavioral challenges. Even more rare are cases that make their way through both custody and dependency (juvenile) court. Each and every family has a different dynamic and unique needs, so it is not unusual to stumble upon novel issues from case to case. It reinforces the need to have an experienced and battle-tested attorney to confront any issue that might arise during the life of your custody case. Gaydos Law recently handled a custody case between a mother and maternal grandparents in which the grandparents had cared for the child for many years. While mother had occasional contact with the child over time, her struggles with addiction meant that involvement was sporadic. Still, mother filed many requests to modify the custody arrangement of the child remaining with the grandparents, seemingly with no intention of ever truly reunifying with the child. After many attempts to resolve the issue of custody with mother, and father sadly passing away, the grandparents took matters into their own hands and filed a private dependency petition. This triggered the involvement of the county child welfare agency. It was a bit of a long road to establishing true permanent living arrangements for the child, but after much deliberation on the totality of the family’s circumstances, mother agreed to terminate her parental right and allow the child to be adopted by his grandparents. One final twist likely had a lot to do with the parties agreeing to the overall outcome: the parties participated in adoption mediation. Mediation itself is generally the process of interested parties sitting down with a neutral “referee” to assist the parties in finding common ground and resolving a legal dispute. Adoption mediation, while somewhat infrequently utilized, is used to finalize a permanency plan for the child and it is assumed that if the parties are participating in adoption mediation, that the likely outcome is an open adoption. Briefly, an open adoption is one in which the adoptive parents agree to allow some contact with the child even after a parent’s rights are terminated. Here, this outcome provided the stability the child needed and the possibility that he might have a relationship with his mother in the future if he desires. Custody cases can be difficult to navigate without counsel who can competently guide you through the unfamiliar and often unanticipated circumstances that may arise. At Gaydos Law, our experience, compassion and determination to see your case through to the most favorable outcome possible set us apart from others. Our knowledgeable attorneys are ready to handle your custody case today.
By Gaydos Law P.C. 21 Aug, 2023
While much has been written about the economic difficulties facing tenants during this pandemic landscape, few people take the time to appreciate the challenges that face landlords who often struggle to feed their own families or pay mortgage and property taxes during an eviction moratorium. Unlike with residential and commercial tenants who may qualify for broad state and federal assistance, well-intentioned landlords may find themselves left in the cold. The attorneys at Gaydos Law have more than thirty years of experience in handling complex leasehold matters and have the knowledge and skills to help landlords navigate through the constantly evolving judicial policies and procedures. In one recent case, we were able to secure for our clients a judgment of possession of real property even though the majority of such cases had been delayed and rescheduled for “status conferences” consistent with a newly updated Allegheny County administrative order. These clients had not received any rental monies for nearly a year due to their understanding of the judicial stays on eviction, and our office was able to assist them in finally retaking their property. As the pandemic continues to change the way that the courts conduct business, it is vital that you engage with a legal team that can adapt to these circumstances and provide you with the results that you expect. Please contact us at (412) 678-7900 to see how our team may be able to help you. We recognize that every matter is different and prior results do not guarantee similar outcomes in future cases.
By Gaydos Law P.C. 21 Aug, 2023
Recently Gaydos, Gaydos & Associates, P.C. scored a significant victory against a local ambulance transport company. Attorneys Joseph M. Gaydos, Jr. and Michael R. Potochny represented a 47 year old woman who was being transported via ambulance transport to an appointment with her physician when the ambulance driver/operator and the company were negligent in their actions. We found the driver acted in violation of the rules and regulations of the ambulance company. As a result of the numerous violations of the Defendant’s own rules the client had a slip and fall from the ambulance breaking her hip in the process. This case was heavily weighted with documentary evidence that was used to prove liability against the ambulance company. This was not a typical automobile accident, crash or collision. Gaydos, Gaydos & Associates, P.C. utilized nationally recognized experts in transportation safety from New York City that are known because of their experience in identifying violations of industry standards as well as other factors that contributed to our client’s personal injury. We felt particularly strongly about this case because a person who is paying to a company to safely transport them certainly expects that the company would do so in the safest way possible. The attorneys at Gaydos, Gaydos & Associates, P.C. also utilized various orthopedic physicians, surgeons, physiatrists and future care experts to make our client’s case. As always, Gaydos, Gaydos & Associates, P.C. advanced the litigation costs on behalf of our client, which in this case exceeded $60,000.00. We have been representing injured people for over 30 years. Thousands of clients have been represented by Mr. Gaydos and he has recovered tens of millions of dollars for the injured victims that have trusted the care of their personal injury matter to Gaydos, Gaydos & Associates, P.C. Call us to help you today at 412-678-7900 and ask for Attorney Joe Gaydos.
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