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.
How We Can Help
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
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. Here’s how we can help:
Starting Your Business Right
- Income and corporate tax planning to improve your chances of success from day one
- Choosing the best business entity whether a 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 Your Business
- 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 talk? Call 412-364-5000 or contact us online to schedule a consultation with no obligation. When that brainstorm hits, come see us we’ll help pave the way for your success.
Frequently Asked Questions - Business Law
What type of business entity should I choose?
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.
Do I really need a lawyer to start a business?
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.
What should be included in a partnership or operating agreement?
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.
Meet Our Attorneys
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
Whether you’re planning ahead or facing immediate challenges, we’re here to help with:
Estate Planning and 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
- Medicaid assists people who lack financial ability to pay for medical needs regardless of age
Here’s why this matters: 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.
Our experienced attorneys guide you through:
- 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 and Assisted Living Support
Planning ahead makes all the difference. Ideally, you should evaluate facilities long before the need arises, carefully considering financial and contractual arrangements. Whatever stage you’re at, we can:
- Help you find the best facility for your situation
- Review contracts to protect your interests
- Take prompt action if rights are being violated
If abuse or neglect occurs, we’re here to help. Elderly residents in nursing homes are extremely vulnerable. As elder law attorneys familiar with nursing home operations and finances, we know how to interpret evidence and determine if a resident was harmed by neglect, physical abuse, or financial misconduct.
Ready to talk? Call 412-364-5000 or contact us online. Let us help you navigate these challenges with dignity and confidence.
Frequently Asked Questions - Elder Law
What's the difference between Medicare and Medicaid?
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.
Will Medicaid take my house?
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.
My parents need nursing home care now. Is it too late to plan?
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.
Meet Our Attorneys
Jay R. Hagerman
Slade R. Miller
Philip D. Luciano II
Beata I. Gray
Probate & Estate Administration
Guiding families through the process after a loved one passes Covers: probate process, estate settlement, trust administration, executor guidance, asset distribution
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.
Abernethy, Hagerman & Miller, P.C. also provides comprehensive probate and estate administration services throughout Allegheny, Butler, Fayette, Mercer, Indiana, Westmoreland, Armstrong, Beaver, and Washington counties. We represent executors, estate administrators, and trustees from initial appointment to conclusion of the estate.
Understanding Pennsylvania's Probate Process
In Pennsylvania, settling an estate can take a year or more. We help you navigate the right path for your situation:
Grant of Letters (Standard Probate)
- 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 (typically spouse, child, or parent)
- Bypasses many formal probate requirements
Ancillary Probate and Administration
- For real estate owned by someone not domiciled in Pennsylvania
- Different procedures for those who 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.
What Executors Do
As executor, you’re responsible for:
- 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 (mortgages, credit cards, liabilities)
- Filing tax returns (federal estate tax, Pennsylvania inheritance tax)
- Distributing assets to beneficiaries as directed
This role is multifaceted and can be challenging but you don’t have to do it alone. We help you handle these responsibilities efficiently, taking advantage of every available deduction to minimize Pennsylvania inheritance tax and positioning the estate for early payment discounts.
When Disputes Arise
While estate administration is normally smooth, complications can occur:
- Challenges to the estate plan
- Objections to asset management or distribution
- Questions about the executor’s actions
Many such situations can be avoided with proper estate planning. But if disputes arise during your administration, we’re prepared to help. Our attorneys plan strategically to smooth out potential issues, and if conflicts can’t be settled amicably, we’re well-prepared to advocate for you before a judge and jury.
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.
Get started today: Call 412-364-5000, or complete an online inquiry form for a prompt response.
Frequently Asked Questions - Estate Administration
What are my responsibilities as executor?
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.
How much does probate cost?
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.
Can I be removed as executor if family members disagree with my decisions?
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.
Meet Our Attorneys
Wills & Estate Planning
Planning for your future and protecting your legacy Covers: wills, trusts, powers of attorney, healthcare directives, asset protection strategies
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
Our attorneys create, review, revise, and formalize comprehensive estate plans including:
Last Will and Testament
- Takes effect only after you die
- Declares who inherits your probate assets (real property, personal property, vehicles, accounts, business interests)
- Names an executor to properly administer your estate
- No cookie-cutter form can properly reflect your values—we tailor each will to your unique circumstances
Trusts and Advanced Strategies
- Revocable living trusts allow assets to pass outside probate
- Irrevocable trusts can reduce estate tax exposure
- Special needs trusts provide for disabled loved ones without jeopardizing government benefits
- Gift strategies to reduce overall estate value
- We work with you to determine exactly which tools you need
Medical Powers of Attorney
- Pennsylvania’s Advanced Healthcare Directive (AHD) includes a Medical Power of Attorney
- Gives your agent authority to make healthcare decisions if you cannot
- Waives medical privacy laws so your agent can communicate with doctors and review records
Living Wills
- Takes effect when you cannot communicate and are in terminal condition
- Addresses extraordinary measures that might prolong your life
- Legally binding on doctors and family members
- Reduces possibility of family conflict about your wishes
Powers of Attorney
- Financial — Authorizes someone to handle financial affairs
- Springing — Activates only when a future event occurs (like incapacity)
- Durable — Remains in force even if you lose mental capacity
- Can be broad or limited to specific transactions
Probate Avoidance Strategies
- Jointly held accounts and real estate
- Life insurance policies with designated beneficiaries
- Financial accounts with transfer-on-death (TOD) or payable-on-death (POD) designations
- Living trusts
- Properly structured plans minimize probate, reduce delays, and lower costs
Business Succession Planning
- Ensures smooth transition of business ownership
- Protects business value and family relationships
- Coordinates with overall estate strategy
Our Estate Planning Philosophy
We use an approach that’s both holistic and practical:
- We review the big picture to understand everything that could be an issue
- We keep it manageable — We don’t create overly complicated plans requiring constant maintenance unless truly necessary
- We plan for the long term — Most thoughtfully prepared estate plans adequately serve clients’ needs for many years
Comprehensive Services
We also assist with:
- Estate administration and probate — Guiding executors through Pennsylvania’s process
- Multi-generational planning — We’ve served multiple generations in families whose members entrusted their planning to us for over 45 years
Your priorities are our priorities. Let us help you create a plan that protects what matters most and gives your family confidence about the future.
Ready to get started? Call 412-364-5000, or contact us online. We’d love to help you plan thoughtfully for the future ideally, long before these documents are urgently needed.
Frequently Asked Questions - Estate Planning
Do I really need an estate plan if I don't have a lot of money?
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.
What's the difference between a will and a trust?
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.
When should I update my estate plan?
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.
Meet Our Attorneys
Jay R. Hagerman
Slade R. Miller
Daniel T. Reimer
Beata I. Gray
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 your eligibility for government health benefits
- Review any private long-term care insurance you possess
- Take effective action to protect the assets you worked so hard to accumulate
With proper planning, you can qualify for Medicaid benefits without losing everything.
Will You Qualify for Medicaid in Pennsylvania?
Medicaid benefits are administered by the state, and eligibility depends on your income and assets.
Income includes:
- Social Security benefits
- Pension payments
- Other funds you receive (even if you’re not working)
Assets include:
- Cash, stocks, bonds, bank accounts
- Vehicles
- Non-residential properties
- Your home’s value is NOT counted
We’ll determine the income and resource levels that apply to your situation and then propose strategies to meet those benchmarks while preserving as much wealth as possible for your family.
How to Restructure Assets for Medicaid Eligibility
Various methods exist to reduce your countable net worth:
Simple Strategies:
- Paying off existing debts
- Prepaying funeral expenses
- Making necessary home improvements
Advanced Strategies:
- Irrevocable trusts
- Strategic asset transfers (with careful attention to look-back periods)
- Spousal protections
- Other creative, legal arrangements
Our experienced attorneys examine your finances comprehensively and assess which strategies are appropriate for your situation.
Medicaid "Spend Down" Process
If you’re denied full Medicaid coverage because your excess income is greater than your monthly healthcare costs, we’ll guide you through the “spend down” process including consideration of your spouse’s medical bills.
Drawing on decades of experience, our lawyers identify creative, legal ways to implement Medicaid spend down while preserving family wealth and dignity.
Our Medicaid Planning Process
We guide you through every step:
- Resource Assessment — Determine the value of non-exempt resources you or your spouse own
- Complete PA-1572 Form — File the Resource Assessment Form with the County Assistance Office
- Develop Strategy — Once we know how much you can keep, we create a plan to spend down appropriately
- Apply for Benefits — Complete the Medicaid Application for Benefits (PA-600)
- Documentation — Assemble all relevant documentation to verify compliance with Medicaid laws and regulations
Our commitment: We help families achieve Medicaid benefit eligibility for their loved ones in the quickest time possible while preserving the most wealth for the family.
Don’t wait until it’s too late. Contact us at 412-364-5000 or online to discuss Medicaid planning strategies suited to your particular circumstances. Our office is in Allison Park, and we proudly serve Western Pennsylvania families.
Frequently Asked Questions - Medicaid Planning
How far in advance should I start Medicaid planning?
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.
Can I give away my assets to qualify for Medicaid?
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.
My parent needs nursing home care now. Is it too late to plan?
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.
Meet Our Attorneys
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 might create one if you:
- Want someone to handle a complex legal or financial matter on your behalf
- Are undergoing medical treatment that might affect your ability to communicate
- Want to ensure someone can step in immediately if you become incapacitated
You maintain control: The authority can be granted immediately, or you can draft a document that only confers power if you become incapacitated. Our firm helps you create documents perfectly suited to your circumstances and needs.
Types of Power of Attorney
Medical Power of Attorney
- Gives your agent authority to make healthcare decisions if you cannot
- Particularly important during medical procedures that might affect your ability to communicate
- Allows you to address preferences regarding particular types of treatments
- Waives medical privacy laws so your agent can communicate with doctors
Financial Power of Attorney
- Authorizes an agent to handle your financial affairs
- Can be written broadly or limited to one specific transaction
- Useful when you’re unable to manage finances due to age, physical condition, or complexity
Springing Power of Attorney
- Activated only when a future event occurs (such as incapacity due to injury or illness)
- Provides protection without immediately transferring authority
- Gives you peace of mind while maintaining control
Durable Power of Attorney
- Remains in force even if you lose mental capacity
- Provides continuous protection during periods of incapacity
- Without this designation, the power of attorney dissolves when you become incapacitated
Duties of a Power of Attorney
Pennsylvania law requires agents to:
- Act in the principal’s best interests
- Act in accordance with the principal’s expectations
- Not exceed the scope of authority granted
- Maintain accurate records (especially for financial matters)
- Keep personal funds completely separate from the principal’s assets
These are serious responsibilities—and we make sure both principals and agents fully understand what’s expected.
Revoking a Power of Attorney
You’re always in control. Even without specific termination provisions, you can revoke your agent’s authority simply by:
- Executing a new power of attorney document
- Serving it on the current agent
Whether you’ve regained the ability to handle your own affairs or want a different person in charge, we’ll help you prepare, execute, and distribute the necessary paperwork.
Power of Attorney vs. Guardianship
Power of attorney offers significant advantages over guardianship:
Power of Attorney
Private document |
Quick to establish |
Easy to undo if circumstances change |
Can be narrowly tailored |
Voluntary agreement |
Guardianship/ Conservatorship
Requires court order |
Time-consuming process |
Difficult to terminate |
Broader court supervision |
May be involuntary |
If someone is concerned about another person’s incapacity, we help them evaluate which option is appropriate for their specific situation.
Protect yourself and your loved ones. Call 412-364-5000 or contact us online to discuss creating a power of attorney that gives you peace of mind.
Frequently Asked Questions - Powers of Attorney
What's the difference between a power of attorney and guardianship?
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.
When does a power of attorney take effect?
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.
Can my power of attorney agent do whatever they want with my money?
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.
Meet Our Attorneys
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?
Living Trusts Offer Significant Benefits:
- Avoid probate — Assets pass directly to beneficiaries without court involvement
- Maintain privacy — Unlike wills, trusts don’t become public record
- Provide flexibility — You retain access to your assets throughout your life
- Allow control — You can change terms or dissolve the trust at any time (with revocable trusts)
- Ensure smooth transitions — Beneficiaries receive assets promptly after your death
For many people, a living trust is a straightforward estate planning instrument that accomplishes their goals without forcing loved ones to wait through a potentially extensive probate process.
Types of Trusts We Create
Revocable Living Trusts
- You retain complete control during your lifetime
- Can be modified or dissolved at any time
- Assets avoid probate upon your death
- Ideal for straightforward estate planning
Irrevocable Trusts
- Useful for estate tax reduction
- Protects assets from creditors
- Can be part of sophisticated planning strategies
- Requires careful consideration of long-term implications
Special Needs Trusts
- Provides for disabled loved ones
- Preserves eligibility for government benefits
- Ensures financial security for vulnerable family members
- Can be established for children or adults with disabilities
Generation-Skipping Trusts
- Transfers assets to grandchildren
- Can reduce overall estate tax burden
- Preserves wealth across multiple generations
Charitable Trusts
- Supports organizations you care about
- May provide tax benefits
- Creates lasting legacy of giving
Comprehensive Estate Planning
Trusts work best as part of a complete estate strategy. Our attorneys have extensive experience with wills and probate matters, and we use that knowledge to:
- Draft enforceable testamentary documents
- Clearly detail how property should be allocated
- Ensure your will fits with other estate planning elements
- Coordinate all
Living Wills and End-of-Life Control
You might have strong beliefs about extraordinary measures to prolong life if your condition is terminal. Without a proper living will, your wishes might not be followed if you’re incapacitated.
By establishing an enforceable living will, you:
- Keep control over end-of-life care
- Clearly instruct doctors about treatments you want or don’t want
- Relieve family members from making agonizing decisions
- Ensure your values are respected
Whatever stage of life you’re at, we can help you create a simple document that provides clarity and peace of mind.
Trust Administration and Disputes
We also handle disputes over trust administration, including:
Breach of Fiduciary Duty
- Co-mingling of funds
- Failure to follow trust terms
- Other violations of trustee responsibilities
- We provide honest counsel on whether claims have merit
Misinterpretation of Trust Provisions
- Inexact language can lead to conflicts
- We work to clarify intentions and reach appropriate resolutions
Validity Challenges
- Allegations of undue influence, fraud, or mistake
- Defense or prosecution of validity claims
Typically, it’s in everyone’s best interests to resolve trust disputes through effective negotiation rather than costly, time-consuming litigation. Our firm works diligently to reach proper resolutions promptly, but we’re always ready to advocate forcefully in court when necessary.
Probate and Will Contests
Probate is the legal process of distributing a deceased person’s property according to their will or by intestacy laws if no will exists. We provide practical advice on:
- Pennsylvania’s probate procedures (including simplified options for smaller estates)
- Executor duties and responsibilities
- Best methods for ensuring final instructions are followed
- Will contests and validity challenges
- Beneficiary rights and protections
You can trust our resourceful attorneys to guide you through even complex probate situations with skill and compassion.
Ready to discuss your trust and estate planning needs? Call 412-364-5000 or contact us online for a consultation. Let us help you create a plan that preserves your legacy and protects the people you love.
Frequently Asked Questions - Trusts and Estates
What's the difference between revocable and irrevocable trusts?
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.
How does a special needs trust work?
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.
Do I still need a will if I have a trust?
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.
Meet Our Attorneys
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 might be appropriate.
Types of Guardianship
Guardianship of the Person
- Responsibility for general care, maintenance, and custody of the incapacitated individual
- Must demonstrate a comprehensive plan for their care, including:
- Living arrangements
- Medical treatment
- Amount and type of in-person contact
- Daily care and supervision
Guardianship of the Estate (Conservatorship)
- Fiduciary duty to safeguard the incapacitated person’s assets
- Pay necessary expenses from the person’s funds
- Keep accurate inventory of all income and expenditures
- Protect financial interests while meeting care needs
Combined Guardianship
- Authority over both personal care and financial matters
- Comprehensive responsibility for the incapacitated person’s well-being
The Guardianship Process in Pennsylvania
Pennsylvania’s Orphans’ Court handles guardianship proceedings. Here’s what to expect:
- Petition Preparation — We prepare comprehensive petitions and supporting materials demonstrating the need for guardianship
- Court Evaluation — The court assesses whether guardianship is necessary or if less intrusive alternatives exist
- Hearing — Present evidence showing the respondent needs someone to make decisions on their behalf
- Appointment — If approved, the court issues an order establishing guardianship
- Annual Reports — Guardians must submit yearly reports to Orphans’ Court discussing relevant issues and expenditures
Any competent adult can serve as guardian as long as they don’t have interests adverse to the allegedly incapacitated person. We’ll help you understand the requirements and responsibilities before you commit.
Emergency Guardianship
When someone is suddenly incapacitated and faces risk of irreparable harm, guardianship can be established on an emergency basis:
- Initial order lasts 72 hours
- Can be extended for up to 20 days
- May be granted without the independent evaluation required in standard requests
- Provides immediate protection in crisis situations
We’re experienced in handling urgent guardianship matters when time is of the essence.
Guardianship vs. Power of Attorney
These are very different legal instruments:
Power of Attorney
Voluntary agreement |
Principal grants authority |
Created privately |
Incapacitated person created it while capable |
Easy to modify or revoke |
Guardianship
Court-ordered |
Court grants authority |
Requires court proceeding |
Imposed after incapacity |
Requires court approval to change |
Power of attorney is often preferable when it can be established before incapacity occurs. It’s less intrusive, more flexible, and can be tailored more narrowly. We help families evaluate which option is appropriate for their situation.
Our Commitment to You
We understand this is emotional and difficult. Serving as a guardian is a serious undertaking, and removing someone’s ability to make their own decisions is not something courts or we take lightly.
We’ll make sure you fully understand:
- What’s expected of you as guardian
- The likelihood of obtaining guardianship
- Alternative solutions that might be less intrusive
- Your ongoing responsibilities and reporting requirements
Our goal is to help you protect your loved one while navigating the legal system with dignity and compassion.
Need to discuss guardianship or conservatorship? Call 412-364-5000 or contact us online. We’re here to help during this challenging time.
Frequently Asked Questions - Guardianship & Conservatorship
What's the difference between guardianship and power of attorney?
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.
How long does the guardianship process take in Pennsylvania?
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.
What are my ongoing responsibilities as a guardian?
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.
Meet Our Attorneys
Philip D. Luciano II
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
Even when everyone in a family wants what’s best for an elderly loved one, serious disagreements can erupt without clear guidelines. We’ve seen it happen:
- Siblings who feel a brother or sister is being paid too much or too little
- Caregivers who feel taken advantage of and unappreciated
- Disputes over whether care is being provided as promised
- Medicaid eligibility problems when payments aren’t properly documented
- Family rifts that last for years over misunderstandings
A properly drafted caregiver agreement prevents these problems before they start.
What a Caregiver Agreement Should Include
Our firm assists with developing comprehensive agreements that address:
Compensation
- Fair market value for services provided
- Payment schedule and method
- Comparison to what an unrelated caregiver would receive
- Documentation for tax and Medicaid purposes
- Talking about money with family can be difficult, but everyone needs to be comfortable with the arrangement
Scheduling
- Set days and hours when the caregiver will be present
- Flexibility for medical appointments and emergencies
- Time off and vacation provisions
- Backup care arrangements
- Clear expectations prevent resentment and burnout
Duties and Responsibilities
- Assistance with physical needs (bathing, dressing, mobility)
- Meal preparation and feeding
- Housekeeping and laundry
- Transportation to medical appointments and errands
- Medication management
- Companionship and social engagement
- Failing to include appropriate details makes problems more likely
Duration and Termination
- How long the agreement will last
- Conditions under which it can be ended
- Notice requirements
- What happens if the care recipient needs to move to a facility
Living Arrangements
- Whether the caregiver lives with the care recipient
- Provisions for housing and utilities if applicable
- Privacy and personal space considerations
Critical Legal Considerations
For a court to enforce a caregiver agreement, it must:
- Be written in sufficiently clear language
- Be voluntarily agreed to by all parties
- Provide fair compensation at regular market rates
- Comply with employment and tax laws
- Be free from undue influence or coercion
When family members have pre-existing relationships, allegations of undue influence or improper coercion are common. That’s why having an experienced elder law attorney involved is so important we know how to draft agreements that withstand scrutiny.
Medicaid Planning Implications
This is critical: If your loved one may need Medicaid for nursing home care in the future, improperly structured caregiver payments can cause serious problems:
- Payments might be viewed as improper gifts
- Could trigger Medicaid penalty periods
- Might delay eligibility when it’s needed most
A properly drafted caregiver agreement protects Medicaid eligibility while ensuring fair compensation for the caregiver.
How We Help
Bringing in an estate planning attorney for a family conversation might seem unusual but it’s one of the smartest things you can do. We’ve handled caregiver agreements and other sensitive legal issues for Pennsylvania families for decades, and we know how to:
- Facilitate difficult conversations about money and care
- Draft fair contracts tailored to your specific situation
- Ensure the document is legally enforceable
- Make clear everyone’s rights and responsibilities
- Protect Medicaid eligibility for the future
- Prevent family conflicts before they start
We take the time to learn about your particular situation so we can create an agreement that works for your family.
Peace of Mind for Everyone
The right 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.
Contact us today at 412-364-5000 or online to discuss creating a family caregiver agreement. We serve communities throughout Western Pennsylvania including West View, Hampton Township, McCandless Township, Franklin Park, Gibsonia, Glenshaw, Bakerstown, and Wexford.
Protect your loved one. Protect your family. Get it in writing.
Frequently Asked Questions - Family Caregiver Agreements
Why do I need a written caregiver agreement with my family member?
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.
Will paying my daughter to care for my mother affect Medicaid eligibility?
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.
How much should a family caregiver be paid?
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.
Meet Our Attorneys
Philip D. Luciano II
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
We assist buyers, sellers, landlords, tenants, investors, developers, and others with all matters related to real property transactions and disputes, including:
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
- Refinancing transactions
Commercial Real Estate
- Commercial purchase and sale agreements
- Commercial property closings
- Commercial title insurance
- Lease negotiations for office, retail, and industrial space
- Subleases and lease assignments
- Build-to-suit agreements
Property Rights and Disputes
- Easements and right-of-way issues
- Boundary disputes between neighbors
- Title defects and quiet title actions
- Zoning and land use matters
- Adverse possession claims
Regardless of whether you’re an experienced real estate investor or a first-time homebuyer, our attorneys are well-prepared to help you. We can prepare, review, and negotiate all necessary real estate documents related to your transaction.
Why You Need a Real Estate Attorney
With any real estate transaction, there’s risk. Our goal is to help you understand and minimize those risks by:
Analyzing Your Transaction
- Review all documents thoroughly before you sign
- Identify potential problems early
- Evaluate risks specific to your situation
- Explain complex legal terminology in plain English
Developing Your Strategy
- Understand your goals and priorities
- Create a negotiation strategy that protects your interests
- Plan from initial offer through closing
- Address your unique challenges and concerns
Protecting Your Investment
- Ensure proper title transfer
- Identify and resolve title defects
- Review title insurance policies
- Handle recording of deeds and mortgages
- Verify all closing costs and calculations
Before a purchase or sale, be aware of essential areas of caution. We help you navigate the intricacies of each situation, anticipate potential issues, and close transactions quickly while protecting your interests.
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.
Can You Challenge Your Assessment?
Yes! If you have a legal or equitable interest in the property, you have the right to challenge property tax assessments. Our real estate tax law attorneys help property owners bring challenges to unjustified property valuations.
Our Property Tax
Appeal Process:
- Review Your Assessment — We examine your current valuation and compare it to similar properties
- Evaluate Your Case — We advise whether there’s a solid basis for an appeal
- Navigate County Procedures — Each county has slightly different processes; we know them all
- Fight for Lower Assessments — We present compelling evidence to support a reduction
- Reduce Your Tax Burden — Our goal is keeping you from paying higher taxes than appropriate
We’ll gladly review your real estate assessment each year at a modest cost and advise you when we believe there’s a solid case for contesting a valuation. We pinpoint and challenge inaccurate or inflated property tax assessments on our clients’ behalf.
Lease Review and Negotiation
Commercial and residential leases are crucial to your success whether you’re a landlord or tenant. We help you:
For Landlords:
- Draft comprehensive lease agreements that protect your property
- Include proper provisions for maintenance, repairs, and improvements
- Structure rent escalation clauses and security deposits
- Address default and eviction procedures
- Comply with Pennsylvania landlord-tenant law
For Tenants:
- Review and negotiate favorable lease terms
- Understand your rights and obligations
- Address concerns about rent increases and renewals
- Negotiate improvement allowances and modifications
- Protect your business interests
Office leases and commercial agreements are particularly important they can make or break your business. We review them carefully and give you the knowledge you need to effectively house your operation and achieve your goals.
Our Commitment to You
We customize our legal counsel to align with each client’s priorities and unique circumstances. Our entire focus is helping you achieve your real estate goals efficiently and cost-effectively.
Whether you’re:
- Buying your first home
- Selling investment property
- Negotiating a commercial lease
- Resolving a boundary dispute
- Appealing an unfair tax assessment
- Closing a complex transaction
…we’re here to provide the experienced guidance you need.
Let's Talk About Your Real Estate Needs
We look forward to reviewing your real estate tax bill or any legal issue involving your property in Allegheny County or nearby areas.
Contact us today:
- Call: 412-364-5000
- Email: Send an inquiry through our website for a prompt response
- Visit: Our offices in 3960 William Flinn Hwy. Allison Park, PA 15101
We’re eager to hear about your concerns and explain how we can help. Let us put our experience to work protecting your real estate interests and helping you achieve your property goals.
Frequently Asked Questions - Real Estate Law
Do I need a lawyer for a simple residential real estate transaction?
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.
How can I appeal my property tax assessment?
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.
Can you help resolve boundary disputes with neighbors?
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.