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2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Grantor needs to transfer her home into her living trust in PA. Should she use a quit-claim or a special-warranty deed?

She still has a mortgage.

Michael Cherewka
Michael Cherewka
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

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3 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My father passed away in October 2021, what would be accepted on how to calculate inheritance tax on the house?

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?

Michael Cherewka
Michael Cherewka
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

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3 Answers | Asked in Estate Planning for Pennsylvania on
Q: Life Insurance and estate recovery

Can Medicaid Estate Recovery go after life insurance that has already been paid out to beneficiary?

Michael Cherewka
Michael Cherewka
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

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: Trust owned house

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?

Michael Cherewka
Michael Cherewka
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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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My son is 100% beneficiary for an account he was left...

My son is 100% beneficiary for an account he was left...myself and my sister Are co-executors of the will (50-50) my sister is trying to get part of the account that my son is 100% beneficiary even though it’s in the will that her and I are co-executors does she have legal rights to the account... View More

Michael Cherewka
Michael Cherewka
answered on Jan 21, 2022

First of all, if the Will lists you and your sister as co-executors your sister has no right to take any action on her own. It sounds like you may not have probated the Will yet, and if that is the case your sister has no right to do anything at this time. It this is how the probate is beginning... View More

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1 Answer | Asked in Business Formation and Entertainment / Sports for Pennsylvania on
Q: I want to create a Subsidiary under my current LLC. Do I create the Subsidiary as a new company with a separate ein?
Michael Cherewka
Michael Cherewka
answered on Jan 16, 2022

This question is far to general for a forum like this. You should meet with your attorney and your CPA to discuss why you are creating a new company, and also whether it should be a subsidiary of your current LLC. Also depends on the tax status of your current LLC

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: Is it mandatory to hire an attorney if will does not need to go into probate.

All parties are residents of Pennsylvania. Joint OR on all deceaseds accounts. Only one other party in will, can I just calculate the inheritance tax on the joint accounts with a cpa and pay the sum to the only other member mentioned in the will. Or am I required to have an attorney carry this out... View More

Michael Cherewka
Michael Cherewka
answered on Jan 12, 2022

There may not be an obligation to hire an attorney to assist in probate, but by the wording of your question it indicates that you may not understand the rights of joint owners of assets versus beneficiaries under a Will. I would recommend that you meet with an attorney to discuss the rights and... View More

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2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Does a PA (USA) Sole Proprietorship have to file DBAs for other states and Foreign Countries?

Background: I am going to see life coaching clients from all over the USA/world by online teleconferencing software.

Do I need to file DBAs for each USA States and Foreign Country when I encounter a new client from a new country/USA state?

Michael Cherewka
Michael Cherewka
answered on Jan 3, 2022

You really should meet with an experienced business attorney on this one, rather than relying on a Q&A service. You have a number of issues in your question, including whether or not a sole proprietorship is your proper entity when performing these types of services. For most states you can... View More

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Two years has passed since my brother did. Nothing has been done. I can't get any information from siblings. Help

My brother passed two years ago in January. My bipolar, control freak sister says she is the executior. Nothing has been done, she says she has a lawyer but won't tell me who. No documents have been filed in public records. A company contacted me stating that I am a beneficiary of the estate.... View More

Michael Cherewka
Michael Cherewka
answered on Dec 21, 2021

Your father's estate, if your sister probated the Will, is a matter of public record in the Register of Wills for the county in which your father lived at the time of his death. if your sister probated the Will a copy will be in the Register of Wills office along with an Petition for Probate... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: Are primary beneficiaries entitled to estate accounting details? Is there an agreement we sign when the estate closes?

What are the options for getting an executor to do his job? This estate has been open since 2013, we finally settled the real estate in July 2021 which was the most outstanding unresolved asset. Now he simply has some tax issue to clear up and needs to do whatever it takes to close and make the... View More

Michael Cherewka
Michael Cherewka
answered on Dec 18, 2021

A beneficiary can compel a formal accounting by the Executor. Essentially the Executor ca offer an informal accounting and you can all sign a Family Settlement Agreement or can submit a formal accounting and ask for court approval. Either way you can demand an accounting now and file petition with... View More

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: I am redoing my will. I am divorced, but I would like to make my former wife the primary beneficiary of my estate.
Michael Cherewka
Michael Cherewka
answered on May 4, 2021

From the point of view of your Will, you can leave your Estate to anyone you choose, and in this case you would just no longer reference your primary beneficiary as "my wife".

From a Pennsylvania Inheritance Tax point of view, this is a major change since the tax rate for bequests...
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1 Answer | Asked in Probate for Pennsylvania on
Q: Dad passed in 2/18. The executors took their share of monies but will not disperse mine until I sign off on house.

Four of us inherited, one of the executors gets a life estate and 40% share of assets and the remaining three get a 20% share of the estate. My siblings took their share of the money last May but the executors will not release my check until I sign off on my acceptance of 20% share of the home... View More

Michael Cherewka
Michael Cherewka
answered on May 3, 2021

It sounds like your executors are attempting to settle the estate with a Family Settlement Agreement which is the most common way to settle a small estate. If you are not in agreement with the proposed settlement you, as a beneficiary, have a right to request a formal accounting of the estate.... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: What can a lawyer do?

My sister-in-law is executor of mother's will. She has not paid inheritance taxes since mother’s death in 02/2017. She will not even have conversation about will. I have been told that my wife, who is sister and co beneficiary in mother’s will, should get a lawyer to help with this issue.... View More

Michael Cherewka
Michael Cherewka
answered on Apr 26, 2021

First of all are you sure there is a Will? If your sister-in-law claims there is a Will, and that she is named Executor, and if she has done nothing to date your wife has some options, and she needs to meet with an experienced estate attorney to see what option is best. If you think there is a... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: I'm inheriting a vacation home. Should I receive a copy of my dad's will, and from whom, or do I pay for that?

My dad passed Nov 2020 and the bulk of the estate goes to my dad's 2nd wife. I'm listed to receive the vacation home. I haven't read nor have received a copy of my Dad's will, the lawyer just read only the portion pertaining to me. Step mom is executor and hasn't offered a... View More

Michael Cherewka
Michael Cherewka
answered on Apr 12, 2021

As far as a copy of the Will, the executor is required to send you a notice that you are a beneficiary of the Will, and describe your bequest. Most executors provide a copy of the Will, but unfortunately that is not required and your executor has chosen not to send a copy. Her attorney is correct... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: how to legally make contracts and what to put in them.

I want starting a business with someone else using my idea/system that i made, I want to share the business 50/50, how can I make this legal, as well as make sure they don't steal the information and use it somewhere else?

Michael Cherewka
Michael Cherewka
answered on Apr 8, 2021

You have a number of questions here that you really need to sit down with a business attorney and sort through your best options. First of all I never recommend a 50/50 split of ownership because it can lead to deadlocks at a number of levels in the business. As far as your idea/system, that... View More

2 Answers | Asked in Tax Law and Probate for Pennsylvania on
Q: Pa inheritance tax method? Mom died. the 100 acre farm(Pa) in clean and green will be sold outside of family.

One person said to use C & G assessment value instead of fair market value to compute inheritance tax. True?

Michael Cherewka
Michael Cherewka
answered on Apr 8, 2021

First of all the Department of Revenue will usually accept the assessed value (adjusted for county common level ratio) for computing inheritance tax, but it is not likely to accept the assessed value as reduced for Clean & Green.

Second, whether you want to report a low value for...
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2 Answers | Asked in Probate and Real Estate Law for Pennsylvania on
Q: I want to buy land of someone who is deceased through a probate lawyer.

The executrix had the house demolished and is selling the property through a probate lawyer. What do I need to do to start the process, what documentation is involved, is this handled through the court? I made a verbal offer which was accepted but that’s all so far.

Michael Cherewka
Michael Cherewka
answered on Mar 28, 2021

in most counties in Pennsylvania the "offer" to purchase is made with an Agreement of Sale. if there is no realtor involved you can hire your own attorney to prepare an Agreement of Sale and present it to the Estate attorney. You may want to have a title search started before you make... View More

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1 Answer | Asked in Estate Planning, Probate and Small Claims for Pennsylvania on
Q: My father passed away in early January. We live in Pennsylvania and he passed away without a will.

He was living with his girlfriend at her house at the time of his passing. He has a fairly large gun collection of about sixty or so firearms including some handguns. My brother is the named executor of the estate that he had to file to open. My father's girlfriend is refusing allowing us in... View More

Michael Cherewka
Michael Cherewka
answered on Mar 24, 2021

First of all since your brother is named Executor he has the responsibility and the authority to collect and protect all personal property of your father. Since you call your brother the Executor I am assuming there is a Will and the girlfriend is either not named in the Will or was not bequeathed... View More

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My grandfather just passed on. In his will he said his monies were to be split between his 3 daughters. There is an

Investment worth around a hundred thousand or so. At the reading of the will the sister who was P.O.A and also executor of his will jumped up and said "I am the beneficiary of that" the lawyer tried to explain that Pap wanted the money split 3 ways but she kept saying, I am the... View More

Michael Cherewka
Michael Cherewka
answered on Mar 18, 2021

The sister may be correct. If she is named the beneficiary then that designation will override the Will. However, the executor of the Will has the ability to confirm with the holder of the investment account if the sister is indeed named the beneficiary, and also when she was named the... View More

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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Can a PA Estate Lawyer charge 6% on the inheritance taxes that we pay
Michael Cherewka
Michael Cherewka
answered on Mar 8, 2021

In Pennsylvania the estate attorney's fee is negotiated with the executor of the estate. There are court cases with guidelines as to calculation of the fees. I have never heard the fees being calculated as a percentage of the inheritance taxes paid by the estate.

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