Services Designed With Your Future in Mind

From estate planning to elder law, business guidance to trust administration, our services are built around helping you protect what matters most. We don’t just provide legal answers—we create strategies that give you clarity, security, and peace of mind for the road ahead.

Our Services | Abernethy, Hagerman & Miller P.C.

Abernethy, Hagerman & Miller P.C.

Dedicated Counsel and Trusted Support for Western Pennsylvania Families

Wills & Estate Planning

Planning for your future and protecting your legacy

Estate planning isn’t just for the wealthy — it’s for everyone. Every adult should have a plan in place for death or incapacity. Your estate plan gives you control: control over your healthcare wishes if you become incapacitated, control over who receives your property when you die, and control over protecting those assets for your loved ones.

Without a plan, Pennsylvania’s intestacy law decides everything distributing your assets in ways that may not align with your wishes at all. At Abernethy, Hagerman & Miller, P.C. we believe careful, thoughtful estate planning prevents unwanted outcomes and gives you the peace of mind you deserve.

Our Individualized Approach

We don’t recommend the same approach for every person or couple. Asset portfolios, family structures, and individual goals are unique. One client may prioritize charitable giving. Another may need a generation-skipping trust or special needs trust for a grandchild or adult child with a disability. Still another may be concerned about structuring planning around business interests or jointly owned real estate.

When we work with you, we keep your budget, priorities, and expectations in mind and we educate you on the most appropriate documents for your circumstances.

Essential Estate Planning Documents

Last Will & Testament
  • Takes effect only after you die
  • Declares who inherits your probate assets
  • Names an executor to administer your estate
  • Tailored explicitly to your values and circumstances
Trusts & Advanced Planning
  • Revocable living trusts to bypass probate
  • Irrevocable trusts to reduce estate tax exposure
  • Special needs trusts to preserve government benefits
  • Strategic gift structures
Healthcare & Medical Decisions
  • Medical Powers of Attorney (under AHD)
  • Living Wills outlining end-of-life preferences
  • Medical privacy waivers (HIPAA compliance)
  • Binds doctors and families to your directives
Financial Powers of Attorney
  • Broad or limited financial authority
  • Durable POAs that survive mental incapacity
  • Springing POAs that activate only upon incapacity
Probate Avoidance & Business
  • Jointly held properties and POD/TOD accounts
  • Structured transition planning for business interests
  • Coordinated business succession strategies

Our Estate Planning Philosophy

  • Holistic and practical: We review the big picture to address all potential issues.
  • Manageable complexity: We don’t build overly complex plans requiring constant maintenance unless truly necessary.
  • Long-term planning: Most plans serve clients for many years. We advise updating after major life events (marriage, divorce, births, business changes).

Plan thoughtfully for your family's future

Our firm has provided multi-generational planning and estate support to Western Pennsylvania families for over 45 years.

Call 412-364-5000

Frequently Asked Questions

Absolutely! Estate planning isn’t just for the wealthy it’s for everyone. Without a plan, Pennsylvania’s intestacy law decides who gets your property and who makes medical decisions if you’re incapacitated. An estate plan gives you control over these important decisions, protects your loved ones, and can prevent family conflicts. Even modest estates benefit greatly from proper planning.

A will takes effect only after you die and must go through probate court. A trust can be used during your lifetime and after death, and assets in a trust typically avoid probate entirely. Trusts offer more privacy and faster distribution to beneficiaries, but they’re not right for everyone. We’ll help you determine which option or combination works best for your situation.

Review your estate plan after major life changes such as marriages, divorces, births, deaths in the family, significant changes in your financial situation, or business ownership changes. Even without major changes, it’s wise to review your plan every 3-5 years to ensure it still reflects your wishes and complies with current laws.

Probate & Estate Administration

Guiding families through the process after a loved one passes

Being named executor of someone’s estate is an honor but it can also feel overwhelming. Even when there are no apparent disputes, the probate process can be confusing and filled with technical requirements. That’s where we come in.

At Abernethy, Hagerman & Miller, P.C. in Allison Park, we make estate administration straightforward. With more than 50 years of combined experience serving Allegheny, Butler, Washington, and Westmoreland counties, we’ll explain your options clearly and help you avoid common pitfalls. No matter how simple or complex the situation, we’ll guide you through each step so the decedent’s wishes are honored.

We represent executors, estate administrators, and trustees from initial appointment to conclusion of the estate across Allegheny, Butler, Fayette, Mercer, Indiana, Westmoreland, Armstrong, Beaver, and Washington counties.

Understanding Pennsylvania’s Probate Process

Grant of Letters

Standard probate route:

  • File a Petition for Grant of Letters with the Register of Wills
  • Receive letters testamentary authorizing you to act on the estate’s behalf
  • Notify beneficiaries and creditors
  • Handle taxes, transactions, and disputes with Orphans’ Court supervision
Small Estate Petition

Available when non-real estate assets don’t exceed $50,000:

  • Can be filed within 60 days of death by the first successor (spouse, child, or parent)
  • Bypasses many formal probate requirements
Ancillary Probate

For out-of-state decedents:

  • Required for real estate owned in PA by a non-resident
  • Different procedures depending on whether they died with or without a will

Important: Life insurance proceeds, jointly held assets, property in trusts, and investments with contingent beneficiaries don’t go through probate. We review the entirety of the deceased person’s holdings to advise on the appropriate approach.

Fiduciary Responsibilities

What Executors Do
  • Gathering and organizing legal documents (wills, deeds, titles)
  • Identifying and cataloging estate assets (bank accounts, real estate, investments)
  • Maintaining and securing estate property
  • Paying outstanding debts and liabilities
  • Filing tax returns (PA inheritance tax and federal estate tax)
  • Distributing assets to beneficiaries as directed
Resolving Estate Disputes

When complications arise:

  • Handling challenges to the estate plan
  • Representing executors against objections to asset distributions
  • Addressing questions about executor performance or fiduciary duty
  • Filing claims or defending estates in Orphans' Court

Need guidance with estate administration?

It’s never too late to ask for legal guidance. Even if you’re already serving as executor, we can help you navigate to a successful conclusion and optimize tax deductions.

Call 412-364-5000

Frequently Asked Questions

As executor, you’ll gather and secure estate assets, notify beneficiaries and creditors, pay debts and taxes, maintain estate property, file necessary court documents, prepare accountings, and distribute assets to beneficiaries. It’s a significant responsibility, but you don’t have to do it alone we guide executors through every step of the process.

Costs vary depending on the estate’s complexity, but typically include court filing fees, attorney fees, executor compensation (if taken), appraisal fees, and Pennsylvania inheritance tax. Attorney fees are often based on the time and complexity involved. Many costs can be reduced through proper estate planning before death. We’re transparent about our fees and will explain expected costs upfront.

An executor can be removed by the court for serious breaches of duty, such as mismanaging assets, failing to act, or self-dealing. However, beneficiaries can’t remove you simply because they disagree with your decisions, as long as you’re acting in accordance with the will and your fiduciary duties. We help executors document their actions properly to protect against unfounded challenges.

Business Law

Your Trusted Partner for Business Success

Whether you’re an entrepreneur with a bold new vision or an established business owner navigating complex transactions, having a trustworthy business lawyer in your corner can make all the difference. At Abernethy, Hagerman, & Miller P.C. we don’t believe in one-size-fits-all solutions. We take the time to understand your unique goals and customize our business law services to match your specific needs because we know that even similar businesses face distinct challenges.

Starting a new business is exciting and we want to help make it successful. We’ve worked with hundreds of entrepreneurs, family business owners, professionals, and investors to transform their brainstorms into thriving operations. Helping create successful businesses strengthens our local economy, creates jobs, and helps families build legacies that last for generations.

What We Can Do for You

Starting Your Business Right
  • Income and corporate tax planning to improve your chances of success from day one
  • Choosing the best business entity (sole proprietorship, partnership, P.C., or corporation) based on your goals and tax situation
  • Reviewing office leases and business purchase agreements to protect your investment
  • Preparing and filing all necessary paperwork to launch your enterprise
  • Creating agreements between owners that prevent future conflicts before they start
Running Your Business Smoothly
  • Drafting business operational plans, employee manuals, and employment contracts
  • Negotiating and finalizing contracts with suppliers, landlords, wholesale customers, and other partners
  • Executing business transactions with maximum legal protection
  • Regular “business temperature checks” to guide you away from costly mistakes and toward smart decisions
Growing and Protecting
  • Navigating mergers and acquisitions
  • Fulfilling requirements for government financial assistance programs
  • Resolving conflicts through negotiation or, when necessary, litigation
  • Business dissolution procedures when it’s time to close or transition

Our experience in business matters can save you significant time and money. Let us help you make well-informed decisions that protect your bottom line and set you up for long-term success.

Ready to take the next step?

From our law offices in Allison Park, we serve business clients throughout Western Pennsylvania. Our clientele includes owners and managers of small to midsize businesses who value practical, results-oriented legal guidance.

Call 412-364-5000

Frequently Asked Questions

It depends on your specific situation, including tax considerations, liability protection needs, number of owners, plans for raising capital, and long-term goals. Sole proprietorships are simple but offer no liability protection. P.C. provide liability protection with tax flexibility. Corporations offer the strongest liability protection but have more formalities. We’ll analyze your situation and recommend the best structure for your needs.

While you can file formation paperwork yourself, working with a lawyer from the start can save you significant money and headaches later. We help with crucial issues like choosing the right entity, creating agreements between owners that prevent future conflicts, ensuring proper tax structure, reviewing leases and contracts, and setting up your business for success. Think of it as preventive medicine for your business.

Essential elements include ownership percentages, capital contributions, profit and loss allocation, management authority and decision-making processes, procedures for admitting new owners, buy-sell provisions for when someone wants to leave, dispute resolution mechanisms, and dissolution procedures. A well-drafted agreement prevents most business disputes before they start.

Elder Law

Compassionate Guidance for Life’s Later Chapters

Growing older in America brings unique legal challenges, from healthcare decisions to long-term care planning. At Abernethy, Hagerman & Miller, P.C. in Allison Park, we’re accomplished elder law attorneys who provide valuable counsel with the compassion and understanding you deserve.

We know these decisions are deeply personal. Our attorneys have more than 50 years of combined experience helping residents of Allegheny, Butler, Washington, and Westmoreland counties navigate the complexities of elder law with confidence and dignity.

Protecting What Matters Most

Estate Planning & Asset Protection
  • Comprehensive estate plans that transfer assets efficiently upon death
  • Trusts that remove particular assets from probate
  • Strategies to preserve wealth for your family
Medical Decision-Making
  • Medical directives — Designate a trusted person to make healthcare decisions if you’re suddenly incapacitated
  • Living wills — Provide clear guidance on extraordinary life-prolonging measures in terminal cases
  • Peace of mind knowing your wishes will be followed

Regular estate plan reviews ensure your documents still reflect your current circumstances and intentions. Life changes and your plan should too.

Medicare and Medicaid Planning

Many people are confused about the difference between Medicare and Medicaid: Medicare provides healthcare coverage for Americans 65 and older, whereas Medicaid assists people who lack financial ability to pay for medical needs regardless of age.

Nursing home care often costs $8,000-$10,000 per month or more. Even affluent families can see their life savings disappear paying for long-term care. We’re committed to helping you achieve Medicaid eligibility as quickly as possible while preserving the most wealth for your family.

Medicaid Qualifications & Form Filings
  • Determining the value of non-exempt resources you own
  • Completing and filing the Resource Assessment Form (PA-1572)
  • Creating a plan to “spend down” resources appropriately
  • Completing the Medicaid Application for Benefits (PA-600)
  • Assembling documentation to verify compliance with Medicaid regulations
Nursing Home & Assisted Living Support
  • Help you find the best facility for your situation
  • Review contracts to protect your interests
  • Take prompt action if rights are being violated
  • Investigate and act on evidence of abuse, neglect, physical harm, or financial misconduct by facility staff

Let us help you navigate these challenges with dignity

Our experienced attorneys guide families through asset restructuring, look-back periods, and Medicaid assessments across Western Pennsylvania.

Call 412-364-5000

Frequently Asked Questions

Medicare is health insurance for people 65 and older (and some younger people with disabilities), but it provides very limited coverage for long-term nursing home care. Medicaid is a need-based program that covers long-term care costs for those who qualify financially. Since nursing home care can cost $8,000-$10,000+ per month, Medicaid planning is crucial for protecting your assets.

Generally, no. Your primary residence is not counted as an asset for Medicaid eligibility purposes (up to certain equity limits). However, Medicaid may seek reimbursement from your estate after your death. Proper planning can help protect your home for your spouse or heirs. We’ll explain your options and help you make the best decisions for your family.

It’s not too late! Even in crisis situations, there are strategies to protect assets and expedite Medicaid eligibility. We’ve helped many families navigate urgent situations. The key is acting quickly and getting proper legal advice before making any financial decisions that could hurt your eligibility.

Medicaid Planning

Protecting Your Life Savings from Long-Term Care Costs

You’ve worked hard your entire life to build financial security. You feel comfortable about your retirement, even if it lasts twenty years or more. But have you considered what happens if you need extended nursing home care?

The reality is sobering: Nursing home care often costs $8,000-$10,000 per month or more. Even affluent families can watch their life savings disappear and still be denied Medicaid coverage. At Abernethy, Hagerman & Miller, P.C. in Allison Park, we’re accomplished Pennsylvania lawyers with more than 50 years of combined experience delivering strong support to families facing these challenges.

We counsel clients of all ages about Medicaid planning and help them take concrete measures to relieve financial burdens before a crisis hits.

Why Medicaid Planning Is So Important

A medical condition requiring extended residential care could destroy your finances and estate planning efforts in a matter of months. Many people assume Medicare or Medicaid automatically covers these expenses once they turn 65 but that’s not true. Before you experience a medical crisis, it’s vital to evaluate eligibility, review private coverage, and restructure assets appropriately.

Will You Qualify for Medicaid in Pennsylvania?

Countable Income
  • Social Security benefits
  • Pension payments
  • Other funds you receive (even if you’re not working)
Countable Assets
  • Cash, stocks, bonds, bank accounts
  • Vehicles (excluding primary vehicle)
  • Non-residential properties
  • Note: Primary home value is generally NOT counted

How to Restructure Assets

Simple Strategies
  • Paying off existing debts
  • Prepaying funeral expenses
  • Making necessary home improvements
Advanced Strategies
  • Irrevocable asset protection trusts
  • Strategic asset transfers (respecting look-back rules)
  • Spousal income/asset protections

Medicaid "Spend Down" & Execution Process

If you're denied Medicaid coverage because of excess income or resource limits, our firm helps guide you legally through the spend-down process, including managing a spouse's medical expenses while keeping family assets intact.

Our Structured Medicaid Application Steps
  • 1. Resource Assessment: Valuing all resources owned by principal or spouse.
  • 2. Complete PA-1572 Form: File the assessment form with the County Assistance Office.
  • 3. Develop Spend-Down: Build a custom plan to reduce excess assets legally.
  • 4. Complete PA-600 Application: Submit the formal Medicaid Application.
  • 5. Documentation Assembly: Compile all verification documentation to satisfy strict audits.

Protect your life savings today

Our commitment: We help families achieve Medicaid eligibility in the quickest time possible while preserving maximum wealth for heirs.

Call 412-364-5000

Frequently Asked Questions

The sooner, the better! Medicaid has a 5-year “look-back” period, meaning they review all asset transfers made in the five years before you apply. Transfers made during this period can result in penalties and delayed eligibility. Ideally, you should start planning at least 5 years before you anticipate needing long-term care, but even if you need care soon, we can still help you maximize asset protection.

Simply giving away assets can trigger penalty periods that delay your Medicaid eligibility sometimes for years. However, there are legal strategies to protect assets while maintaining or achieving Medicaid eligibility, such as certain types of trusts, proper asset transfers, and spend-down strategies. This is complex, and you need experienced legal guidance to do it correctly.

It’s not too late! Even in crisis situations, there are strategies to protect assets and expedite Medicaid eligibility. We’ve helped many families navigate urgent situations. The key is acting quickly and getting proper legal advice before making any financial decisions that could hurt your eligibility.

Powers of Attorney

Put Decision-Making Authority in Trustworthy Hands

Life is unpredictable. Illness, injury, or even routine medical procedures can leave you temporarily unable to make important decisions. A power of attorney ensures that someone you trust can act on your behalf when you need it most without the time, expense, and court involvement of guardianship proceedings.

At Abernethy, Hagerman & Miller, P.C. in Allison Park, our attorneys have more than 50 years of combined experience preparing power of attorney documents that protect clients and their loved ones throughout Allegheny, Butler, Washington, and Westmoreland counties.

What Is a Power of Attorney?

By executing a power of attorney, you (the “principal”) grant legal authority to a named person (the “agent”) for a particular purpose. You maintain control: the authority can be granted immediately, or you can draft a document that only confers power if you become incapacitated (springing POA). We help you create documents perfectly suited to your circumstances.

Types of Power of Attorney

Medical POA
  • Grants authority to make healthcare decisions
  • Waives medical privacy laws for doctor updates
  • Allows you to list treatment preferences
Financial POA
  • Authorizes agents to manage financial/business affairs
  • Can be broad or restricted to single transactions
  • Protects assets when you're unable to handle bills
Springing POA
  • Triggers only after a future event (e.g., medical incapacity)
  • Retains full personal control until needed
Durable POA
  • Remains in effect even if you lose mental capacity
  • Without this, standard POAs dissolve upon incapacity

Duties & Revocation

Agent Fiduciary Duties

Agents are legally required to:

  • Act in the principal's best interests
  • Keep personal funds separate from principal's assets
  • Maintain detailed, accurate transaction records
Revocation Process

You always retain control:

  • Can revoke at any time if mentally competent
  • Requires executing a new document and notifying the agent

Power of Attorney vs. Guardianship

Power of Attorney
  • Voluntary agreement created while capable
  • Private document, no court audits required
  • Quick and inexpensive to establish
  • Easily modified or terminated
  • Can be narrowly tailored
Guardianship / Conservatorship
  • Requires formal court proceedings & orders
  • Imposed after incapacity is established
  • Time-consuming and significantly more expensive
  • Ongoing court reporting & audits required
  • Difficult to terminate

Prepare your power of attorney before a crisis

Secure decision-making authority in trustworthy hands. We draft custom, legally robust documents.

Call 412-364-5000

Frequently Asked Questions

A power of attorney is a voluntary agreement you create while you’re capable, giving someone authority to act on your behalf. Guardianship is a court proceeding that’s necessary when someone is already incapacitated and didn’t create a power of attorney. Guardianship is more expensive, time-consuming, and restrictive. Creating a power of attorney now avoids the need for guardianship later.

It depends on how the document is written. A regular power of attorney takes effect immediately upon signing. A “springing” power of attorney only takes effect when a specific event occurs typically when you become incapacitated. We’ll help you decide which type is appropriate for your situation.

No. Agents have a legal fiduciary duty to act in your best interests and according to your instructions. They must keep accurate records, keep their personal funds separate from yours, and can be held legally accountable for misuse of their authority. You can also limit the agent’s powers in the document itself, authorizing only specific actions.

Trusts and Estates

Preserving and Transferring Your Legacy

Trusts can be key elements in your overall estate plan regardless of your financial position. At Abernethy, Hagerman & Miller, P.C. in Allison Park, we develop trusts and other legal instruments to accomplish the goals of our Western Pennsylvania clients, from preserving assets to providing for loved ones with special needs.

Whether you’re looking to transfer assets outside probate, minimize taxes, or establish funding for a special needs child, our attorneys are here for you.

Why Choose a Trust?

  • Avoid probate: Assets pass directly to beneficiaries without court involvement.
  • Maintain privacy: Unlike wills, trust agreements do not become public record.
  • Retain flexibility: Change terms or dissolve the trust at any time (with revocable trusts).
  • Control asset distribution: Dictate exactly how and when beneficiaries receive inheritance.

Types of Trusts We Create

Revocable Living Trusts
  • You retain complete control during your lifetime
  • Can be modified or dissolved at any time
  • Assets bypass probate instantly upon death
Irrevocable Trusts
  • Provides asset protection and estate tax reductions
  • Requires relinquishing control over transferred assets
  • Protects funds from potential future creditors
Special Needs Trusts
  • Holds assets for disabled children or adults
  • Preserves eligibility for crucial government benefits
  • Provides funds for lifestyle extras and quality care
Generation-Skipping Trusts
  • Transfers wealth to grandchildren directly
  • Saves overall estate taxes across generations

Trust Administration & Litigation Support

We handle disputes over trust administration, including breach of fiduciary duty, comingling of funds, misinterpretation of trust provisions, and validity challenges (undue influence or fraud). We advocate for clients in negotiations and represent them in Orphans' Court when litigation is necessary.

Preserve your legacy. Protect the people you love.

Our experienced estate attorneys draft comprehensive revocable, irrevocable, and special needs trusts.

Call 412-364-5000

Frequently Asked Questions

A revocable trust can be changed or dissolved at any time during your lifetime you maintain complete control. An irrevocable trust generally cannot be changed once created, but offers benefits like asset protection and potential tax savings. Revocable trusts are more common for basic estate planning, while irrevocable trusts are used for more sophisticated planning strategies.

A special needs trust holds assets for a disabled beneficiary without disqualifying them from government benefits like Medicaid or SSI. The trustee uses trust funds to pay for extras that improve the beneficiary’s quality of life things government benefits don’t cover. This allows families to provide for disabled loved ones without jeopardizing their crucial benefits.

Yes! You need a “pour-over will” that transfers any assets not already in the trust into the trust when you die. This ensures nothing is accidentally left out. The will also names guardians for minor children and serves as a backup in case any assets weren’t properly transferred to the trust during your lifetime.

Guardianship & Conservatorship

Compassionate Support for Difficult Decisions

Sometimes, someone close to you no longer has the ability to make sound choices about their own physical and financial well-being. This is one of life’s most difficult situations and you need an attorney who understands both the legal complexities and the emotional challenges involved.

At Abernethy, Hagerman & Miller, P.C. in Allison Park, we provide thoughtful, compassionate guidance for families seeking to establish guardianship or conservatorship. With more than 50 years of combined experience serving Allegheny, Butler, Washington, and Westmoreland counties, we assist with matters involving elderly individuals and those with special needs.

What Is Guardianship?

Guardianship gives you legal authority to make decisions on behalf of an incapacitated person. Pennsylvania courts take these proceedings seriously and so do we. We’ll advise you honestly about the likelihood of obtaining guardianship and help you explore whether less intrusive alternatives (like POAs) might be appropriate.

Types of Court-Appointed Authority

Guardianship of the Person
  • Responsibility for general care and well-being
  • Choosing residential placement/facility
  • Making daily physical and medical decisions
Guardianship of the Estate
  • Responsibility for financial management
  • Handling bills, income, and banking
  • Managing real estate and investment assets
Conservatorship
  • Court-ordered control of property or assets
  • Typically used when a person is absent or unable to manage specific holdings

Guardianship vs. Power of Attorney

Power of Attorney
  • Incapacitated person created it while capable
  • Easy to modify or revoke privately
  • Less intrusive and more flexible
Guardianship
  • Court-ordered and supervised authority
  • Requires formal court proceedings & medical evidence
  • Requires ongoing court reporting and annual audits

Our Commitment to You

  • We make sure you fully understand ongoing annual reporting and accounting requirements.
  • We explain what is expected of you as a guardian.
  • We evaluate the likelihood of obtaining guardianship in your circumstances.
  • We explore alternative solutions that might be less intrusive to family dynamics.

We are here to support you in this challenging time

Our experienced attorneys guide families through petitions, hearings, and reporting duties across Western Pennsylvania.

Call 412-364-5000

Frequently Asked Questions

Guardianship is a court proceeding that’s necessary when someone is already incapacitated and didn’t create a power of attorney. A power of attorney is a voluntary agreement created while you’re capable, giving someone authority to act on your behalf. Guardianship is more expensive, time-consuming, and restrictive. Creating a power of attorney now avoids the need for guardianship later.

Standard guardianship proceedings typically take 2-4 months from petition filing to court appointment, though complex cases can take longer. Emergency guardianships can be established within 72 hours when someone is suddenly incapacitated and faces risk of irreparable harm. The timeline depends on court schedules, whether the proposed ward contests the petition, and how quickly evaluations can be completed.

As a guardian, you must submit annual reports to Orphans’ Court detailing the incapacitated person’s living situation, medical care, and well-being (for guardianship of the person) and/or a complete accounting of income, expenditures, and asset management (for guardianship of the estate). You must act in the ward’s best interests, maintain accurate records, and seek court approval for major decisions. We guide guardians through these ongoing obligations.

Family Caregiver Agreements

Keeping Family Harmony While Providing Proper Care

Many elderly people can remain in their own homes — the place they love most — if they have some help with daily tasks. Often, a family member is the ideal person to provide this assistance. It’s personal, it’s compassionate, and it allows your loved one to maintain independence and dignity.

But here’s what many families don’t realize: Even the best-intended arrangements can go seriously wrong without a proper family caregiver agreement.

At Abernethy, Hagerman & Miller, P.C. in Allison Park, we guide Pennsylvania families through the creation of these essential agreements. From our office, we create personalized family caregiver contracts that protect everyone involved — the elderly person receiving care, the family member providing it, and other relatives who might have concerns.

Why You Need a Written Agreement

  • Prevent misunderstandings: Avoid conflicts among siblings regarding caregiver pay or workload.
  • Protect caregivers: Ensure caregivers are fairly compensated and not taken advantage of.
  • Medicaid protection: Payments to relatives without a contract can be flagged as improper gifts, causing penalty periods.
  • Establish scheduling & details: Set vacation, time off, and backup arrangements clear from day one.

What a Caregiver Agreement Should Include

Compensation & Scheduling
  • Fair market value payment based on local care rates
  • Tax documentation structure (legitimate expenses vs gifts)
  • Set schedule of hours and respite/vacation arrangements
Duties & Living Arrangements
  • Clear tasks (meals, bathing, mobility, medication)
  • Transportation terms to appointments and errands
  • Provisions for housing, room, and board (if co-living)
Legal & Medicaid Considerations
  • Written in clear, enforceable language
  • Protects future Medicaid eligibility from gift audits
  • Ensures contract survives scrutiny by courts or siblings

Peace of Mind for Everyone

A proper, legally binding caregiver agreement provides:

  • For the elderly person: Assurance they’ll receive quality care while remaining at home.
  • For the caregiver: Fair compensation and clear expectations without family guilt.
  • For other family members: Transparency and confidence that everything is handled properly.
  • For everyone: Protection from future disputes and legal problems.

Don’t let an informal arrangement put your family at risk. A modest investment in a proper caregiver agreement can prevent years of conflict and thousands of dollars in legal problems.

Get your caregiving arrangement in writing

We serve communities throughout Western Pennsylvania, including West View, Hampton, McCandless, Franklin Park, Gibsonia, Glenshaw, Bakerstown, and Wexford.

Call 412-364-5000

Frequently Asked Questions

Even with the best intentions, informal arrangements often lead to misunderstandings, family conflicts, and legal problems. A written agreement clarifies expectations for everyone, ensures fair compensation, documents the arrangement for Medicaid purposes, prevents disputes among siblings, and protects both the caregiver and care recipient legally and financially.

If structured properly with a written caregiver agreement, these payments are legitimate expenses, not gifts, and won’t affect Medicaid eligibility. However, informal cash payments without documentation can be viewed as improper transfers and trigger Medicaid penalties. That’s why having a properly drafted agreement is crucial before payments begin.

Compensation should reflect fair market value what you’d pay an unrelated person for similar services. Rates vary depending on the level of care provided, hours worked, and local market rates, but typically range from $15-$30+ per hour. We help you research appropriate rates and structure compensation properly to avoid Medicaid problems later.

Real Estate Law

Your Trusted Partner for Real Estate Success

Whether you’re buying your first home, selling a commercial property, negotiating a lease, or resolving a boundary dispute, having an experienced real estate attorney protecting your interests makes all the difference. At Abernethy, Hagerman & Miller, P.C. we understand that real estate transactions are significant financial decisions and we’re here to help you navigate them with confidence.

From our law offices in Allison Park, Pennsylvania, we assist clients throughout the region with residential and commercial real estate matters. Each transaction is unique, and we provide the individualized approach necessary to help you close deals efficiently while protecting your best interests.

Comprehensive Real Estate Services

Residential Real Estate
  • Purchase agreements and sales contracts
  • Home closings and title transfers
  • Residential leases for landlords and tenants
  • First-time homebuyer guidance
  • Investment property transactions and refinancing
Commercial Real Estate
  • Commercial purchase and sale agreements
  • Commercial property closings and title insurance
  • Lease negotiations (office, retail, industrial)
  • Subleases, assignments, and build-to-suit contracts
Property Rights & Disputes
  • Easements and right-of-way issues
  • Boundary disputes between neighbors
  • Title defects and quiet title actions
  • Zoning, land use, and adverse possession claims

Property Tax Assessment Appeals

Is your property tax bill too high? You’re not alone. Abernethy, Hagerman & Miller, P.C. is based in Allegheny County, and with near-constant reassessment requests by school districts and the large countywide reassessment of 2013, we’ve acquired extensive experience with property tax assessment appeals.

Unfortunately, unrealistic, unfair, and unreasonable valuations of real property occur more often than they should resulting in significantly higher property taxes for you.

Our Property Tax Appeal Process
  • 1. Review Assessment: Examine current valuation compared to similar local properties.
  • 2. Case Evaluation: Advise whether there is a solid legal basis for an appeal.
  • 3. County Procedures: Navigate county-specific requirements.
  • 4. Appeal Presentation: Compile compelling valuation evidence for the board hearings.
  • 5. Tax Reductions: Stop overpaying unfair assessments.

Lease Review and Negotiation

For Landlords
  • Draft custom leases protecting your property
  • Include maintenance, repair, and default provisions
  • Ensure compliance with PA landlord-tenant law
For Tenants
  • Review and negotiate favorable lease terms
  • Address rent escalation, renewal rights, and allowances
  • Ensure office or commercial leases protect business interests

Let's talk about your real estate needs

We review property assessments, handle complex closings, and represent clients in title actions across Western Pennsylvania.

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Frequently Asked Questions

Yes! Even “simple” transactions can have hidden issues title defects, survey problems, zoning violations, undisclosed liens, or unfavorable contract terms. Having an attorney review everything before you sign protects you from costly problems. For most people, buying a home is their largest financial transaction it deserves proper legal protection.

If you believe your property is over-assessed, you can challenge it through your county’s assessment appeal process. We review your assessment, research comparable properties, gather evidence to support a lower valuation, file the necessary paperwork within strict deadlines, and represent you at hearings. Many successful appeals result in significant tax savings year after year.

Yes. We handle boundary disputes through various methods including reviewing surveys and deeds, researching property records, negotiating with neighbors and their attorneys, obtaining boundary line agreements, and if necessary, pursuing or defending quiet title actions in court. Most disputes can be resolved through negotiation, but we’re prepared to litigate when needed.

Orphans Court Litigation

Steady Legal Guidance When Estate, Trust, or Guardianship Disputes Become Serious

Disputes involving a loved one’s estate, trust, guardianship, or power of attorney can become emotional, complicated, and time sensitive. When family members disagree, when a fiduciary is accused of mishandling assets, or when questions arise about a will or trust, the matter may need to be resolved in Pennsylvania’s Orphans’ Court.

At Abernethy, Hagerman & Miller, P.C. in Allison Park, we help clients understand what is happening, what options are available, and what steps should be taken next. Our attorneys work with beneficiaries, executors, administrators, trustees, guardians, agents under powers of attorney, and concerned family members throughout Western Pennsylvania.

Whether your goal is to resolve the dispute efficiently or prepare for formal litigation, we help you protect your position with practical, focused legal guidance.

What Is Orphans’ Court?

Pennsylvania’s Orphans’ Court is a division of the Court of Common Pleas that handles many legal issues involving estates, trusts, guardianships, fiduciaries, minors, incapacitated adults, and powers of attorney.

These cases often involve sensitive family dynamics. A disagreement may begin with a missed communication, an unclear will, a suspicious change to an estate plan, or concerns that someone in authority is not acting properly. Because Orphans’ Court matters follow specific rules and procedures, it is important to work with attorneys who understand both the legal process and the personal issues behind the dispute.

What We Can Do for You

Will Contests & Estate Disputes
  • Handle claims of lack of capacity, fraud, forgery, or improper execution
  • Manage disputes involving undue influence on vulnerable relatives
  • Evaluate the strength of estate claims and represent beneficiaries
Fiduciary & Executor Disputes
  • Represent fiduciaries accused of wrongdoing or accounting delay
  • Help beneficiaries seek transparency, accounts, or updates
  • Pursue surcharge claims for mismanaged or wasted estate assets
Trust & Trustee Litigation
  • Interpret trust terms and distributions
  • Assist trustees facing defense claims
  • Fulfill request for removal of uncooperative trustees
Guardianship & POA Disputes
  • Navigate contested guardianship petitions for adults/minors
  • Represent families in cases of power of attorney misuse or asset transfers

Our Practical Litigation Approach

  • We Start With the Facts: We review the will, trust, power of attorney, court filings, accountings, financial records, and communications.
  • We Identify the Real Issue: Not every conflict needs to become a full court battle. We determine what outcomes are realistically available.
  • We Look for Practical Resolution: When possible, we help clients resolve disputes through negotiation, settlement, or corrective action.
  • We Prepare for Court: If other parties refuse to act fairly, we represent clients in Orphans' Court from initial filings through hearings and trial.

Steady guidance for serious estate and guardianship conflicts

Abernethy, Hagerman & Miller, P.C. assists families from its office in Allison Park. Early legal guidance helps avoid costly mistakes.

Call 412-364-5000

Frequently Asked Questions

Orphans’ Court handles many matters involving estates, trusts, guardianships, minors, incapacitated adults, fiduciaries, powers of attorney, will contests, accountings, and disputes over how assets should be managed or distributed.

Yes, but you generally need legal standing and a valid basis for the challenge. Common issues include undue influence, lack of capacity, fraud, forgery, improper execution, mistake, or concerns that the will does not reflect the person’s true intent.

In some cases, yes. A court may consider removal if the fiduciary is mismanaging assets, failing to act, refusing to provide information, engaging in self-dealing, or otherwise breaching legal duties.

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