Erie, PA asked in Estate Planning for Pennsylvania

Q: I am interested in having a trust prepared. I am primarily concerned with my house.

My mortgage is paid and I am without any debt.

I do not want any government interference.

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Boyertown, PA
  • Licensed in Pennsylvania

A: Your outcome rests largely with the type of trust you choose. If you retain powers over it, e.g., to terminate it, name a trustee, amend it, etc., whatever you place in the trust will most probably be includable in your Estate. If you divorce yourself from a long-term trust, no retained powers, and live beyond 8 years from the trust creation date, you may keep the trust res out of your estate, but you will have a resultant gift tax liability (exempt up to $17K/year).

Many insurance companies and their sub offer cheap/free "form" trust agreements; most probably, those will not achieve your desires.

What you seem to want has been tried many times before.

Speak with a practitioner authorized to practice law in your state, with an emphasis in PA estate law and taxation to get your best results.

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

A: THere are many types of trusts to choose from, and if your house is in PEnnsylvania you will want to work with an experienced trusts and estate attorney in Pennsylvania to make sure you avoid any Realty Transfer Tax issues as you design your Trust.

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