Asked in Estate Planning and Probate for Pennsylvania

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 in PA?

Related Topics:
2 Lawyer Answers
John B. Whalen, Jr.
John B. Whalen, Jr.
Answered
  • Estate Planning Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: … there is no requirement that you need an attorney for this in PA …

… however - you mentioned a Will as well as being on all of the decedent’s accounts or joint …

… that doesn’t seem to make sense … whether a CPA can interpret that is up to you …

John

Michael Cherewka
Michael Cherewka
Answered
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: 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 responsibilities of a joint owner, versus what the wording of the Will might be. Also, the potential responsibilities of the joint owner and the Executor if there are any debts outstanding

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.