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Pennsylvania Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Pennsylvania on
Q: Is there specific language put in survivorship deed to show added name is my child to be exempt from PA transfer tax?

I am adding my daughter's name to my deed with right of survivorship. We have a draft of a special warranty deed with right of survivorship and I want to know if there is specific language that should be included in the deed to show she is my child in order to be exempt from the Pennsylvania... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Nov 20, 2024

I do not know all the facts in your situation but before you proceed with adding your daughter to the title of this deed, you should consider the potential that doing so could reduce the benefit of stepped-up basis in calculation of capital gain tax if the house is sold in the future. The... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Do you have to wait one year to settle estate even if the department of revenue has approved the inheritance tax return.

The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 11, 2024

Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More

2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Q: Hello, my husband has a will with me asbeneficiary of tangible assets and our minor child as one on who gets his inherit

guardian his friend & a trustee ..do I as the wife get money to raise the child and take care of myself?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 7, 2024

Child support, in money, generally ceases upon death of the payor.

You can elect to take against the Will, however, your question offers no values to support a recommendation.

Confer with an experienced PA lawyer, armed with your full facts. to get your best recommendation.

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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My counsel met with opposing attorney & judge in chambers & agreed to something I disagree with. Do I have to accept it?

I wasn't there at the time they met. I arrived after everything was over. I was never consulted. I am opposed to what was agreed to. What are my options?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 5, 2024

Your lawyer is only your representative, and cannot bind you to anything with which you do not agree.

Get a full explanation of what happened, and after that, explain your position. If counsel balks at your position, you have an absolute right to terminate that attorney and engage another...
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1 Answer | Asked in Consumer Law, Estate Planning and Family Law for Pennsylvania on
Q: If trustee is also POA and I'm suing the trustee, can the settlement agreement involve POA stipulations?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 26, 2024

While you fail to say so. I have to assume, from your question, that your litigation involves the trustee's Power of Attorney. If so, it is highly likely that the Court would approve any reasonable settlement stipulation of the litigants, and that would extend to POA provisions,... View More

2 Answers | Asked in Estate Planning, Banking and Probate for Pennsylvania on
Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 7, 2024

To do the things you want (you do not state the amount involved), you can initiate a probate (to pay estate bills, and PA tax on distributions to you is five percent) if there was a Will, or an Administration if there was no Will.

I've represented financial institutions for decades,...
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1 Answer | Asked in Estate Planning, Family Law, Business Law and Probate for Pennsylvania on
Q: My mother passed in July and I wasn't informed by family members.

I asked for estate planning lawyer and legal records and all I got was a painting dropped off in a war zone. What are my options? She owned assets, including house and car; they kept everything a secret and I'm disabled wit SSDI and constantly threatened by their friends.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 2, 2024

If there was a Will, it probably should be submitted to the probate court (you don't mention a Will, or whether the property was in your mom's name alone, or some other way).

If probated, the personal representative named in it would probably be appointed by the Court....
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: I am seeking an english speaking notary or lawyer in Puerto Rico to help with probate.

My father passed away 4 months ago in PR. My 3 brothers and myself live on the mainland, however my father's now wife resides on the island. My siblings and I would like to inherit our individual share of the small property, but uncertain how to begin. My father's wife is in the process... View More

Anthony M. Avery
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answered on Aug 5, 2024

You will need to hire a PR attorney to represent you all.

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: Guardians/Trustees

If assets in my will shall pass to a minor and I have named a guardian in the will, must the guardian be approved and monitored by the court?

On the other hand, if the assets are passed to a trustee (whom is also named), must the trustee be approved and monitored by the court?

James L. Arrasmith
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answered on Jul 24, 2024

If you've named a guardian in your will for a minor beneficiary, the court typically needs to approve this guardian to ensure they are fit to take on the responsibility. The court's approval process involves verifying the guardian's suitability and may include ongoing oversight to... View More

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Later life marriage; how to make sure my son gets his inheritance?

Never thought this would happen, but I found someone and seems the only way they’ll let this Thai woman (Tang) and I to be together is to get married and apply for a spouse visa. I am 61 and have to stay in US and work for 4 more years until son graduates from HS.

Fiancee is… amazing.... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 24, 2024

Assuming your seven IRA account "holders" are reliable and will be around when you pass, under PA law, and the law of all states I know of, wealth will pass by your contracts to your designee adult without having to go through probate or court.

Same with an irrevocable trust...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Last Will. I received a copy of my father's will naming his girlfriend as executor. I m a beneficiary. Any rights?

His girlfriend was named beneficiary. Went to lawyer who wanted $5k. She wouldn't pay. My 3 sisters n myself and his church are to evenly divide 50% of his estate but we do not have access to anything. We have never had a good relationship with her. As benefactors, should we be updated on... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 5, 2024

Heirs' rights?

Yes, you actually do have many. The best starting point is duties of an Executrix in PA, which are many, but the overriding drive is that every personal representative of a probate estate is to maximize the value of the Estate for the benefit of creditors and the heirs,...
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3 Answers | Asked in Estate Planning, Real Estate Law and International Law for Pennsylvania on
Q: My grandfather passed away (resident of California) but had a property in France.

Two years before he passed, he and my grandmother filed wills in France giving each portion of the apartment to me (apartment). How does this get handled in the US and in France?

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on May 5, 2024

According to French law, there are two forms of inheritance acceptance:

acceptance of inheritance in a simple form (complete);

acceptance of the inheritance with the condition of drawing up an inventory.

Full acceptance of the inheritance can be carried out explicitly, by...
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: I just became the executor of my father’s estate. He currently owns a home in Pennsylvania with his girlfriend.

I have to sell my father‘s house due to the amount of debt he accumulated over the years. She hasn’t been keeping up with the mortgage payment, which is now three months behind. Can I sell my father‘s house while behind on payments? Do I need to give my father’s girlfriend, an eviction... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 2, 2024

Who is on the deed to the residence? Look at the most recent deed of record, the chain of title. Life estates? You can have a title search done for both ownership and all liens, and you should do that, as the personal rep of the Estate. If the Estate has a lawyer, that probate lawyer will know... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Upon death of a husband and there’s no bcceneficiary form for a 401k plan, does the wife receivethe distribution?
James L. Arrasmith
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answered on Feb 23, 2024

In the absence of a designated beneficiary form for a 401(k) plan, the distribution of the funds will typically follow the plan's default provisions and legal regulations. Generally, the spouse of the deceased individual is considered the primary beneficiary by default in many cases,... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Drawing up our own online will for my mother's estate , if I have it notorized in Pennsylvania will it be valid for Nj.?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 6, 2024

Pursuant to New Jersey statutory law, S.A, 3B:3-2B, a holographic Will, e.g., one handwritten by the decedent, even unsigned (the handwriting of the decedent of the context of the Will may be good enough), can be admitted to probate in NJ, regardless of the location of its drafting. But there are... View More

1 Answer | Asked in Estate Planning, Family Law and Personal Injury for Pennsylvania on
Q: Need help. My babies were put in kinship, across state lines, with their uncle who broke fiduciary oaths..

After my fiancee was killed ($250,000 wrongful death payout cannot currently be accounted for), his brother used loopholes to take all of my family's assets, sabotage a CPS case, and then have my (1 and 3 year old babies) placed in his custody. Vehicles he sued me out of led to lost... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

In Pennsylvania, there are very many judicial tricks one can pull to deprive a loved one of money, property and family. Using certain words that trigger judicial reaction based on a policy or an assumption about the public will work wonders. The simple act of filing petitions and not serving the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Do I need legal document living with wife and sister in law in family home wife sister 50/50 split estate.

Sister in law is executor of will, mother died in 2017, will not settled yet. Worried about paying property taxes, school taxes, home repairs with 50/50 split, etc. Part of estate includes land rented to farmer so money comes in to estate now. Worried sister in law will not provide information... View More

Michael Cherewka
Michael Cherewka
answered on Jan 29, 2024

You (and your wife) need legal documents (including a Deed) to close the Estate and make sure all Inheritance Taxes were paid so you end up with clear title to the property. You should also have an agreement between your wife and your sister- in- law to manage the property. Your wife and sister-... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: How long does it take for an attorney to become executor of an estate?

My mother passed away in October. I've been working with an attorney to settle her estate: me and the other heir's signed renunciation papers. I live in another state, and the others are unable to settle the estate.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 27, 2024

Admitting a Will and having a named personal representative (Executor/Executrix) appointed is a pretty simple matter, in most cases, although a personal appearance by the personal representative at the Probate Clerk's office is usually required, to be sworn in.

That can happen where...
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1 Answer | Asked in Estate Planning and Banking for Pennsylvania on
Q: My Aunt has written me a check emptying her checking account. What are the legalities if I deposit it in my account?

She is recently under hospice care. I am the soul beneficiary. There’s a lot involved. She’s afraid if we wait until her death I won’t have access and she doesn’t have a legal id to add me to her account.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 12, 2024

We've been representing financial institutions for over two decades.

"Legal id"?

You aunt's financial institution most certainly has her signature card for her deposit account, and that's all that one needs to add another adult to her account, on a simple...
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3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: What should we do with my widowed mom's house to protect the heirs against capital gains upon her death?

My mom and dad bought the house in the early 70's for about $35,000. The house is now likely worth over $400,000. My dad is deceased, and my mom is 82 and relatively healthy. There are 3 kids, and we want to know if we should do something now to protect against heavy capital gains taxes... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 18, 2023

The PA "death tax" on an Estate, when the heirs are the children of the deceased, is like five percent of the fair market value of what's distributed. No heavy tax.

The Federal 'unified tax and estate' tax has a deductible of several million, so you needn't...
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