More Myths That Cost Families Money

"We've been together 20 years — that's a common law marriage."

NOT ANYMORE.

Pennsylvania abolished common law marriage on January 1, 2005. No new common law marriages can be created regardless of how long you've lived together, shared finances, or held yourselves out as married. An unmarried partner has zero inheritance rights under intestacy. If you're in a long-term unmarried relationship, a will is not optional — it's the only thing standing between your partner and nothing.

"A living will lets someone make medical decisions for me."

NO — THAT'S A HEALTHCARE POWER OF ATTORNEY.

A living will is a written statement of your end-of-life wishes — life support, feeding tubes, resuscitation. It does not appoint anyone to make decisions. A healthcare power of attorney names a specific person to make medical decisions when you cannot. You need both. They are different documents that serve different functions, and confusing them leaves a dangerous gap in your planning.

"Probate takes years and costs a fortune."

NOT IN PENNSYLVANIA.

A straightforward Bucks County estate typically takes 9–12 months and costs a few hundred dollars in Register of Wills filing fees. Pennsylvania probate is far simpler and cheaper than California, New York, or Florida — which is where most of the "avoid probate at all costs" marketing originates. Complex estates involving disputes, real estate sales, or tax issues take longer — but that's the complexity, not the probate system.

"I can disinherit my spouse by leaving them out of my will."

NOT WITHOUT A PRENUP.

A surviving spouse has a statutory right to claim one-third of certain estate assets regardless of what your will says (20 Pa.C.S. § 2203). This "elective share" can only be waived by a valid prenuptial or postnuptial agreement. And if you married after making your will without updating it, your spouse may automatically receive the full intestate share under the pretermitted spouse statute — potentially more than one-third.

"Joint bank accounts are exempt from inheritance tax."

ONLY BETWEEN SPOUSES.

Joint accounts between spouses are fully exempt (0% rate). But if you add a child, friend, or anyone else as a joint owner, 100% of the account balance is included in your taxable estate — unless the survivor can prove they contributed their own funds. The tax rate for a child is 4.5%. For a non-relative, it's 15%. The "convenience account" you created so your daughter could pay your bills just became a tax event.

"I don't need a will because I don't own much."

YOU MIGHT NEED ONE MORE THAN ANYONE.

If you have minor children, a will is the only legal way to name a guardian. Without one, the Orphans' Court decides who raises your kids — and it may not be who you'd choose. A basic will and power of attorney cost a fraction of the $5,000–$10,000+ guardianship proceeding your family faces without them. The people who "don't own much" are often the ones who can least afford to skip estate planning.