Legal Resources & Blog | Roach Law Philadelphia

Estate planning is one of the most important steps you can take to protect your assets, your loved ones, and your future. Yet many Pennsylvania residents begin the process with misconceptions—especially about trusts, incapacity planning, and how disinheritance actually works. At Roach Law, we regularly help individuals and families across Southeastern Pennsylvania navigate these issues with clarity. Below, we debunk some of the most common estate planning myths.

Myth #1: Creating a Trust Automatically Protects Your Assets

Many people assume that simply establishing a trust guarantees asset protection. In reality, a trust only works when it is properly funded. This means that you must legally transfer ownership of your assets—such as real estate, bank accounts, or investments—into the trust.

If the funding step is skipped, your assets may still be exposed to probate, taxes, and creditor claims, defeating the very purpose of the trust.

Think of a trust as an empty container: until you place property into it, it cannot shield your estate or help streamline the inheritance process. At Roach Law, our trust and estate attorneys guide clients throughout Southeastern Pennsylvania to ensure trusts are established correctly and provide the intended level of protection.

Myth #2: Estate Planning Only Matters After You Pass Away

A common misconception is that estate planning only concerns the distribution of assets after death. While that is certainly part of the process, a comprehensive estate plan also safeguards you during your lifetime.

A strong estate plan should prepare for the possibility of incapacity by allowing you to name trusted individuals to manage your health care and financial decisions if you cannot do so yourself. Essential documents typically include:

Health Care Directives
Durable Powers of Attorney
Financial Powers of Attorney
HIPAA Authorizations

These tools ensure your wishes are respected and help your loved ones avoid stressful and costly legal hurdles. For families in Southeastern Pennsylvania, Roach Law provides personalized planning that protects you now and in the future.

Myth #3: You Must Leave Someone a Token Amount to Disinherit Them

Some believe they must leave a person a nominal amount—such as one dollar—to formally disinherit them. Not only is this unnecessary, but it can also be counterproductive. Leaving even a token bequest may give that individual additional rights or the opportunity to contest the estate.

A far more effective method is to explicitly state your intention to disinherit the individual in your estate planning documents. When drafted with the proper legal language, this approach is clear, enforceable, and far less likely to invite disputes.

Our attorneys at Roach Law help Pennsylvania clients craft precise, litigation-resistant documents that reflect their true wishes.

Conclusion: Thoughtful Estate Planning Protects Your Future

Estate planning is not a one-time task—it requires careful attention, proper execution, and periodic updates. Whether you need to create a trust, update your will, or plan for incapacity, working with an experienced law firm ensures your wishes are honored and your loved ones are protected.

Roach Law proudly serves clients throughout Southeastern Pennsylvania, offering experienced guidance in wills, trusts, estate administration, and long-term planning. When your future is too important to leave to chance, our team is here to help.