Get free answers to your legal questions from lawyers in your area.
Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More
answered on Sep 9, 2024
although you state that your name is on the account, you can be on account as Power of Attorney or authorized signer (Which both expired when your mother passed away), in which case you may have to open an Estate administration to get control of the funds and open an Estate account (depends on how... View More
My partner is essentially a silent partner so I would be interested in buying the “holding” company and use that to possibly expand in the future and keep the restaurant LLC its own thing.
answered on Jun 2, 2024
Not sure what you mean by buying the holding company. But it is not unusual to set up a separate LLC to own recipes or systems/processes or equipment and the license or lease them to multiple operating entities for each restaurant location. Provides asset protection, different streams of revenue... View More
Sister in law is executor of will, mother died in 2017, will not settled yet. Worried about paying property taxes, school taxes, home repairs with 50/50 split, etc. Part of estate includes land rented to farmer so money comes in to estate now. Worried sister in law will not provide information... View More
answered on Jan 29, 2024
You (and your wife) need legal documents (including a Deed) to close the Estate and make sure all Inheritance Taxes were paid so you end up with clear title to the property. You should also have an agreement between your wife and your sister- in- law to manage the property. Your wife and sister-... View More
guardian his friend & a trustee ..do I as the wife get money to raise the child and take care of myself?
answered on Sep 9, 2024
Your description does not include enough details to give you clear answers, but you do refer to your "husband", so if there is not a divorce at issue, as the surviving spouse and since this child is from your marriage, you have the right to elect against a will as you describe in your... View More
answered on Jan 22, 2024
If you are looking to organize a PA LLC it will require a street address for the Registered Office in PA. That can be an office or something simple like a UPS Store "suite" address, or you can hire a Registered Agent in PA.
Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More
answered on Nov 2, 2023
Much of answer here is going to be dependent on how the yoga company "registered" its name (or if it even registered its name). If it is only a Fictitious Name Registration (which is more of a "notice" filing in Pennsylvania than an "ownership" filing) or the filing... View More
answered on Oct 24, 2023
with life insurance policies if there are no named beneficiaries the policy proceeds will be payable to your father's Estate. If your father had a Will, then the Executor named in the Will can probate the Will, open an Estate and then collect the proceeds from the insurance company. If your... View More
My father recently passed. His lawyer (now deceased) held the original signed will (unsigned copies were with my father and me). I reached out to the lawyer who inherited the files. He confirmed as the successor, pledged to check for the files, and communicate further. Regrettably, he failed to... View More
answered on Aug 24, 2023
It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More
Haven't processed will due to copy issue and dad’s lawyer passing. Short form delay could cost tax savings.
answered on Aug 22, 2023
if all of the accounts are POD or TOD or have named beneficiaries, then there is no need for you to probate Will and get Short Certificate.
if your father forgot to designate a POD or TOD or Beneficiary on one of the accounts you may still be able to avoid probate if the amount in that... View More
Moving from Maryland to New Holland, PA soon.
answered on Jul 27, 2023
you started out well with looking at Justia, as most of us that practice estate planning can respond to your questions. You may also want to check out Wealth Counsel for Pennsylvania attorneys in your area that draft Revocable (Living) Trusts
He required round the clock nursing care so was in a nursing home. My sister had POA and we had to liquidate his assets to pay medical bills. One investment firm, Putnam, refused to recognize the POA while he lived, and even though our father passed in 2009, they still hold onto this one remaining... View More
answered on Jun 4, 2023
As a group you and your siblings are eligible to be granted letters of administration and open an estate. May be easier for one of you to apply for letters of administration and the rest to renounce. You can then open an estate account and collect your fathers assets and pay outstanding bills,... View More
My mortgage is paid and I am without any debt.
I do not want any government interference.
answered on May 8, 2023
THere are many types of trusts to choose from, and if your house is in PEnnsylvania you will want to work with an experienced trusts and estate attorney in Pennsylvania to make sure you avoid any Realty Transfer Tax issues as you design your Trust.
Months and all the assets are paper. All taxes have been paid to government and state of penn. i live in Delaware father in penn.
answered on May 5, 2023
If the Trustee ( Execeutor?) is not sharing information with you, you may need to engage your own attorney for Beneficiary Representation to obtain the accounting and release of funds (if that is appropriate). Much may depend on whether your father had a Trust, and this is a Trust Admininstration,... View More
Sole member of small PA LLC has died. Operating agreement dissolves the LLC upon member death. Personal Rep wants to wind up and terminate the LLC. Personal Rep has letters testamentary. What PA Dept of State forms (filing of certificates), or processes, are required to authorize Per Rep to wind... View More
answered on Apr 18, 2023
The Personal Rep has the authority to wrap up the LLC as you describe it. There is a Dissolution process in PA for ending an LLC, which includes collecting all revenues and accounts receivable, paying all costs and debts of the business, getting tax clearances from the Department of Revenue, and... View More
I know a provision in the Will can request an SNT for the benefit of a disabled child. Are SNTs created and/or funded after the death of the grantor(s)? It’s my understanding that one should not leave assets directly to a disabled child, so they don’t lose their government benefits. If a trust... View More
answered on Mar 19, 2023
a Special Needs Trust can be created either in a Will, in which case it is not funded until the death of the Grantor, or can be created during the lifetime of the Grantor, in which case it is usually funded (at least partially) when created, and additional funds can be added during the lifetime of... View More
Since it’s technically not probate property as there were already designated beneficiaries, does this require court approval or does a family settlement agreement suffice?
answered on Mar 15, 2023
Not sure that a Family Settlement Agreement is appropriate here. There is no probate estate. However there will most likely be PA Inheritance Tax due on the account balance. Once the 2 beneficiaries receive the balance of the account and pay or set aside the PA Inheritance Tax they are free to... View More
I am starting an online business in PA and have a virtual office address for the business along with a registered agent that I used to file the corporation with the state. Can I use that address to get a local business license or do I need to use my home address? I am unsure if I should use the... View More
answered on Feb 27, 2023
Not sure what you mean by a "business license" in Pennsylvania? if you are looking to form a corporation or an LLC to conduct a business in PA you will need a street address. We usually don't recommend that you use your home address, but since you do not have a business office or... View More
I live in and the business will operate in Pennsylvania. What is the best way to set this up? I am not looking to dodge the pa tax, I just don't want my name on the database as the owner. Should I register as a foreign corporation or set up a second domestic S corp with the first as the owner?... View More
answered on Feb 7, 2023
i agree with Attorney Lanard. if you use a law firm or commercial registered agent you can file the Articles of Incorporation without your name and without your address (or an address associated with you). Out of state incorporation would add a layer of complexity and ongoing expense with very... View More
She is listed as 1 of the 5 to receive money. Its her 2 brothers and 2 of her sisters kids because their mom died. Would i get what my mother was being left? I am the only child she had. The woman said she would check because of a form that has to be filled out. My mom's sister is deceased and... View More
answered on Feb 7, 2023
whether or not you would receive your mother's share will depend on the wording of your uncle's Will and may also depend on whether your mother survived your uncle and then died, or whether she predeceased your uncle. Since you have been contacted by uncle's estate attorney you have... View More
The specified amount was the same for my 2 siblings and 2 charities . I live in nj but the will is coming from pa
answered on Feb 3, 2023
There is not enough information in your question to give you a definite answer, but if the total estate is not large enough to pay 100% of the specific bequests to you and your siblings and the charities, then yes you can receive less than 100% of the specific bequest. However, typically all of... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.