Mount Pleasant, PA asked in Estate Planning for Pennsylvania

Q: my mom recently passed without a will. my step dad and her have been together for 25 years. can he get her estate to?

they walked down the aisle but the lience ran out. does common law stand for them. we have an attorney but he failed to tell us about common law marriage in Pennsylvania. we want him to be include my mom loved him dearly.

is there any information aside from section1103 im missing

thank you

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1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
  • Allentown, PA
  • Licensed in Pennsylvania

A: In all probability, the most efficient way to do that would be to distribute the estate to the children and for the children to then gift to your mother’s partner whatever portion of the estate the children wish him to have. There will be a 4.5% inheritance tax on whatever passes to the children. There should be no tax on the gift to the partner, although a gift tax return may have to be filed, depending on the value of the gift.

This should be reviewed with your lawyer.

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