A trust lets you decide not only who receives your property, but how and when they receive it. If you are searching for a trust lawyer near me in Cecil Township, Canonsburg or the South Hills, Kostrub Law Firm, PLLC has helped local families with planning since 2006. Heather N. Kostrub handles trust work as part of the firm’s complete estate planning services.
What happens after you call: we ask about your goals and your family, set a meeting with Heather, and send a list of documents to bring.
What a trust is
A trust is a legal arrangement in which one person, the trustee, holds and manages property for others, the beneficiaries. The person who creates the trust is the settlor. The trust document sets the rules: who benefits, what the trustee may do, and when the trust ends.
The main types we see:
- Living trust. A revocable living trust is one you create during your life and can usually change. You often serve as your own trustee. At your death, a successor trustee distributes the property without probate.
- Irrevocable trust. You generally cannot change or cancel it once signed. People use irrevocable trusts for long-term care planning, to hold life insurance, or to protect assets for heirs.
- Special needs trust. Also called a supplemental needs trust, it holds money for a person with a disability without disqualifying them from needs-based benefits.
- Testamentary trust. A trust created inside your will. It takes effect only after death and does go through probate. See how wills and trusts fit together.
Pennsylvania law that matters
- Uniform Trust Act. Pennsylvania trusts are governed by 20 Pa.C.S. Ch. 77. It covers how a trust is created, the trustee’s duties, and beneficiaries’ rights.
- Changing a trust. Whether you can revoke or amend a trust depends largely on what the document says (20 Pa.C.S. § 7752). A well-drafted trust states this clearly.
- Notice to beneficiaries. After a trust becomes irrevocable, including at the settlor’s death, the trustee must send notice to beneficiaries within a set period (20 Pa.C.S. § 7780.3).
- Spendthrift protection. A spendthrift clause can limit a beneficiary’s creditors from reaching trust money before it is paid out (20 Pa.C.S. § 7742).
- Inheritance tax still applies. A revocable living trust avoids probate, but its assets are generally still subject to Pennsylvania inheritance tax at death (72 P.S. § 9101 et seq.). Read an overview of Pennsylvania inheritance tax.
- Long-term care. Transfers to an irrevocable trust can affect Medical Assistance eligibility under a five-year look-back rule (42 U.S.C. § 1396p). Timing matters.
Common situations in Washington and Allegheny counties
- An Upper St. Clair family wants children to inherit in stages, not all at age 18.
- A Pittsburgh couple with a child on SSI or Medical Assistance needs a special needs trust in Pennsylvania.
- A retiree owns real estate in Pennsylvania and another state and wants to avoid two probates.
- A Canonsburg business owner wants a successor to manage the company if something happens.
- A Washington County landowner wants oil and gas royalties managed by one trustee instead of split among many heirs. See planning for mineral rights.
- A parent in a second marriage wants to provide for a spouse while protecting children from a first marriage.
What happens if you don’t act
Without a trust, property passes outright under your will or under intestacy law. A young adult can receive a large sum at 18. A beneficiary with a disability may lose benefits. Real estate in another state may need its own probate there. A trust that is signed but never funded, meaning assets were never retitled into it, can fail in the same ways. Families who want to limit probate can also read about common ways to keep assets out of probate in Pennsylvania.
Considering a trust? Call (304) 982-1586 or set up a consultation. After you call, we schedule a meeting with Heather and send a checklist so you can gather account and deed information.
How we handle it, step by step
- Intake call. We learn your goals and whether a trust fits them.
- Planning meeting. Heather explains the trust options that fit your goals, along with costs and tradeoffs.
- Drafting. We prepare the trust, a pour-over will (a will that sends leftover assets into the trust), and related documents.
- Review. You read the drafts, ask questions and choose trustees and backups.
- Signing. We supervise execution.
- Funding. We help retitle accounts, prepare deeds for recording with the county Recorder of Deeds, and update beneficiary designations.
- Trustee guidance. When a trust becomes active, we can help the trustee with notices, accounts and distributions, much like our estate administration process.
A trust works well alongside a durable financial power of attorney, since some assets always stay outside the trust.
What to bring to your first meeting
- Names and birth dates of beneficiaries, and notes about any special needs
- Any existing will, trust or power of attorney
- Bank, investment and retirement account statements
- Deeds for real estate, including property in other states
- Life insurance policies and beneficiary forms
- Oil and gas leases, division orders or royalty statements
- Business ownership documents
- Names of possible trustees and backups
Fees
We explain fees before any drafting begins, including the cost of funding work.
Finding a trust lawyer near me: who handles this
Heather N. Kostrub handles trust planning at Kostrub Law Firm, PLLC. Her practice focuses on wills, trusts, powers of attorney and family and business succession. She is a graduate of Washington & Jefferson College. Visit Heather Kostrub’s profile. Clients from Allegheny County can also see our Pittsburgh office information.
Frequently asked questions
What is the difference between a will and a living trust?
A will takes effect only at death and must go through probate. A revocable living trust takes effect when signed and funded, and the assets in it pass to your heirs without probate. A trust can also manage your property if you become incapacitated, alongside a financial power of attorney. Many people with a trust still sign a short pour-over will as a backup.
Does a living trust avoid inheritance tax in Pennsylvania?
Generally, no. A revocable living trust avoids probate, but assets in it are usually still subject to Pennsylvania inheritance tax at your death, at the same rates as other assets. Some irrevocable planning done well before death can change the tax picture, but the rules are technical. Ask about your situation before relying on a trust for tax savings.
When does an irrevocable trust make sense in Pennsylvania?
An irrevocable trust in Pennsylvania may make sense when you want to protect assets for heirs, hold life insurance, or plan ahead for long-term care costs. The tradeoff is control: you generally give up the right to change it or take the property back. Because of the Medical Assistance look-back period, timing is important.
How does a special needs trust work in Pennsylvania?
A special needs trust holds money for a person with a disability. The trustee pays for extras, such as therapy, equipment or travel, without the money counting as the beneficiary’s own resources. That helps protect eligibility for SSI and Medical Assistance. The trust must be drafted carefully, and some types must repay the state after the beneficiary dies.
Who should I choose as trustee?
Choose someone honest, organized and comfortable with money and records. Many people name an adult child, a sibling or a trusted friend, often with a backup. Some name a bank or trust company, especially for long-lasting trusts. The trustee owes legal duties to the beneficiaries, so pick someone who will take that responsibility seriously.
Do you help trust clients in Pittsburgh?
Yes. We work with trust clients in Pittsburgh and throughout Allegheny County, as well as Washington County communities such as Cecil Township, Canonsburg and South Fayette. Pennsylvania trust law is statewide, but deeds are recorded in the county where the property sits, and we handle those details for both counties.
Talk with Heather about a trust
Call (304) 982-1586 or contact us online. After you call, we confirm a meeting time, send a short document checklist, and answer basic questions before you come in.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.
Related guide: why Pennsylvania does not allow transfer on death deeds, and what a trust can do instead.