Allentown, PA asked in Estate Planning for Pennsylvania

Q: Executor did not check box on PA Inheritance Return showing $14,000 gift checks within one year of decedent's death.

Decedent's estate will be probated by an Orphans Court judge as I did not sign the R & R form. I saw an attorney as an initial meeting and he pointed out on the PA Inheritance Return that the executor did not check the box on the form showing that $14,000 gift checks were given by the decedent within one year of death. What problems can come from this? I have limited funds to go back to the attorney to ask him this question.

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1 Lawyer Answer
John B. Whalen, Jr.
John B. Whalen, Jr.
  • Estate Planning Lawyer
  • Wayne, PA
  • Licensed in Pennsylvania

A: ... Hello ...

... Many problems can come from this ... It was signed incorrectly (I hesitate to use the word "fraudulently" because honest mistakes happen ... But many questions come from this also ... Why didn't you sign the R&R form? ... Were the transfers listed on the schedule on the Inheritance Tax return? ... Did you receive the funds? ...

... I can't help you further without knowing more but good luck ... Even a Judge who Adjudicates an Estate does not have the Power to override the Pennsylvania Department of Revenue when it comes to light ...

... Good luck ...

... John ...

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