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He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?
answered on Jan 30, 2023
Transferring property from a husband to husband and wife jointly (tenant by entireties in Pennsylvania) is easy so long as there is not an outstanding Mortgage loan. Just need a new Deed from your father (Grantor) to your father and mother as husband and wife (Grantees). Since the transfer is... View More 
i am trying to figure out what to do with the LLC. i need to changed the LLC's address as it was my sold home in NJ. do i need to file as a foreign PA LLC, create a new LLC in PA? do i need to close the NJ LLC? i am trying understand the best way to 'move' my LLC to PA. what... View More
answered on Dec 27, 2022
Do not have all the facts here, but it looks like you have several options. The easiest would be to get a Registered Office or Registered Agent in NJ for your LLC. The property is located in NJ, and you have a NJ LLC so that lines up fine. Just because you (as the Member or Owner) moved to PA... View More
document in order to collect funds but I don't know exactly what I need. My mom did not own a home or have any assets can someone give me a clear answer on what I need to do and please talk in layman's terms so I can understand please.
answered on Oct 31, 2022
Since your mother had a 401k plan, she should have designated you as beneficiary (or one of several beneficiaries) to receive the account. If she did not designate at least one beneficiary, then your mother died Intestate (without a will) and Fidelity is describing a Small Estates Petition in... View More
I am selling commercial property with both our names on deeds. We were in the process of doing this together before his passing but never started any listing etc. I just want to sell as is, no contingency, cash only. Must I probate the will or can I just proceed as we were planning?
answered on Oct 25, 2022
You will need to review the actual language of the Deed to determine how the property is titled. If the Deed lists your name and your husband's name as "husband and wife" or as "tenants by entireties" or as "joint tenants with right of survivorship" then the... View More
the wedding. But the lawyer won't let me do. He scheduled about week after her wedding. I am still not signed yet.
I worry what make a difference. I her parter has a will and already signed or his own money.
I would like to know what makes difference.
Thank you
answered on Oct 20, 2022
Not sure why your daughter was rushing you to sign a Will or Trust prior to her wedding. And it is unclear if it is your attorney or her attorney that advised to wait until after the wedding to sign your documents (and has not scheduled the signing yet). I would step back, take a deep breath and... View More
answered on Sep 28, 2022
As Attorney Asbel has stated, the short answer is NO. The Executor of the Estate has certain procedures he or she must follow in order to carry out the provisions in your Grandfather's Will. These procedures are designed to protect the Executor , as well as the beneficiaries such as... View More
My Dad never updated his will but he left everything to his girlfriend and she said she is going to distribute everything between her and the 3 children evenly. Wondering about taxes and if I should get an attorney to make sure it’s done fairly. 350k+ in assets and investments mostly... View More
answered on Aug 14, 2022
Not sure how to read your question, but if you mean by "never updated his will" that your dad DID have a will and his girlfriend received everything under the will, then you will definitely want to meet with a PA estate attorney. if the will is probated and the girlfriend does not file... View More
My dad died intestate. Bank accounts were jointly owned with my mom (his spouse). Only one account was in his name solely, a holding in a mutual fund, approx 50,000. He also had a credit card in his name solely, approx 10,000. After funeral expenses, etc there is enough left to pay the unsecured... View More
answered on Aug 11, 2022
Two different questions here. PA Inheritance Tax return you usually report assets in decedent's name alone at 100% of value, and then there is a Joint Asset schedule where (in case of husband and wife) you would report 1/2 of total of joint assets.
The credit card would be deducted as... View More
We Plan on living in the house for at least the next 2 years. The recorder of deeds aid that we need to get a new deed created and that any title company can do it. About how much does this whole process cost? I know there is an $83 recording fee. And what is required or needed to create a new... View More
answered on Aug 11, 2022
You indicate that you inherited the house. How you inherited it will determine if the process is simple or a bit more complicated. If your father's Deed was joint deed with you and your sister (Joint with Right of Survivorship) it may be as simple as filing a PA Inheritance Tax Return to pay... View More
answered on Aug 5, 2022
it depends on how you are "listed". You can be an authorized signer or a POA, and in these cases there are no issues if you predecease your relative. On the other hand, you may be a joint owner of the account, which has different consequences for your "estate" depending on... View More
Father-In-Law passed away in December, there is only his wife (my mother-in law) and my wife (his daughter) surviving him. My Wife is the executor. There's no mention to where it goes in will. Only thing the will says is that the house is left to his wife (my mother in law) and that his... View More
answered on Aug 4, 2022
The language in the Will generally controls who gets the residual of the Estate and how they get the residual. In a case like this a will would generally state...the rest, residue and remainder of my estate shall be distributed to my wife...In the unlikely case where there is no residual clause... View More
My stepmother recently passed away. My father had granted her a life estate for his house, with the remainder interest to be divided between my sister, myself, and my stepmother's daughter. What is the process that we now need to go through to sell the house and divide the proceeds. The lawyer... View More
answered on Jul 25, 2022
Your answer will depend on how the life estate was created. If by Deed, then the Deed will be recorded at the county Recorder of Deeds Office and you may need as little as a death certificate and a new deed. If by Will, then will have to open an Estate Administration and the executor of the... View More
answered on Jun 14, 2022
First of all sorry to hear of your diagnosis. Second, you should not make any hasty decisions right now. There are many considerations involved in the transfer of your assets or designations of beneficiaries, and you should gather your information and meet with an experienced estate planning... View More
Both my sister and I are over 18 oh, and my father passed away. We both have been living in the house helping take care of him. He told us that both my sister and I would be getting 50% of the house. We have not been able to locate a Will anywhere, and I know we are supposed to pay inheritance tax... View More
answered on May 24, 2022
There are too many unanswered questions right now to give you a specific answer in this type of forum, but you are fortunate that there are no mortgages or liens on the house. You should meet with an experienced estates attorney to assist you in opening an estate administration (since there is no... View More
The great aunt has a will and the executor is her niece. Does she need to include this in her will? should we do a deed transfer now so we avoid the most taxes? what is the best route to avoid the 15% inheritance tax?
answered on May 19, 2022
If your great aunt wishes to continue owning the home and car until she dies then she would need to revise her Will to include both of these assets as specific bequests to you.
Your great aunt can gift the house and car to you now if she is comfortable with transferring title to you. As... View More
Does this make the estate bankrupt and is the wife then liable to pay outstanding bills?
answered on May 3, 2022
Although all joint accounts pass to the surviving wife by law, and avoid probate, and therefore are not included in the probate estate which would be available for husband's creditors, the question as to whether the surviving wife could be liable to pay deceased husband's creditors... View More
She still has a mortgage.
answered on Mar 29, 2022
The first issue to resolve is PA is currently trying to impose realty transfer tax on deeds from grantors to their living trusts. You should consult with a PA attorney on that matter. Once RTT is resolved preference should be for special warranty deed to avoid any title insurance issues for... View More
Yes, my sister and I plan on keeping the house for the foreseeable future. How would I go about getting this data, county assessed value and common level ratio, to compute what we owe in tax?
answered on Mar 7, 2022
if you are planning to keep the house, the Department of Revenue will usually accept the most recent County Assessed Value multiplied by the current Common Level Ratio as the fair market value on the PA Inheritance Tax Return
Can Medicaid Estate Recovery go after life insurance that has already been paid out to beneficiary?
answered on Feb 2, 2022
In general if there is a named beneficiary on the policy (other than the "Estate"), then the life insurance proceeds are not an estate asset and are not subject to Recovery
Revocable Trust owns house in with trustees were originally my mother and stepfather. She passed in 2018. He passed in 2021. Successor trustee is me. Can Medicaid take house in estate recovery?
answered on Feb 1, 2022
You will have to take the Trust Agreement to an attorney to review. Much depends on whether your parents were the Grantors of the Trust in addition to being the Trustees, as well as the other assets in the Trust and in your parents' estates.
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