Get free answers to your Estate Planning legal questions from lawyers in your area.
My husband believes he doesn't need a will since he assumes I, as his wife, will automatically inherit everything. I think he should have a will. He has no legal documents regarding his assets, which are only in his name, and he wishes for me to inherit everything after his passing. He has... View More 
answered on Feb 28, 2025
The short answer is for assets that are owned solely by your husband you do NOT inherit all of his assets when he dies. In fact, since the children are not from your marriage, you would most likely inherit only one-half (1/2) of his assets and the other half would go to his children.
if... View More
I own a property solely in my name in Allentown, PA, and the mortgage is fully paid off. I want to add my spouse's name to the deed to ensure survivorship rights so that if one of us passes away, the surviving spouse retains ownership of the property. There are no liens on the property, and I... View More
I am concerned about a situation where the same bank teller named themselves as the beneficiary of an alcoholic's IRA and managed to make withdrawals when the individual was intoxicated and legally married. The individual has now passed away, leaving notes that are difficult to interpret.... View More
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answered on Feb 23, 2025
You might start by the Next of Kin calling the local LEOs in PA. Apparently proof may be difficult. The surviving Spouse should at least make the complaint. A civil suit for conversion and fraud will be difficult, but discovery might show how the teller accessed the monies without authority.... View More
My uncle was born as Patrick James Gallagher, but he has always gone by James or P. James. Some bank accounts list him as James J. Gallagher. We are having trouble obtaining a power of attorney because the names don't match. We were informed that a notarized document is needed, but we're... View More
answered on Feb 21, 2025
when drafting the POA you should have the attorney list every name variant above as A/K/A (also known as) and there should be a separate signature line for each A/K/A.
the first name and the most important one is the name on your uncle's driver license since he has to provide a copy of... View More
My grandmother passed away in December 2018, with her estate willed 50/50 to my uncle and father. My father died in a fire in May 2019. We've been trying to settle the estate through my father's attorney, who stopped returning our calls. My uncle hired an attorney and reopened my... View More
My father recently passed away in Pennsylvania without a will. I have three siblings, including my deceased sister who had only one child, my niece. My mother was alive when my sister passed but has since also passed. Can my niece be considered a beneficiary of my father's estate despite the... View More
Our father passed away and left his three children equal shares of his traditional IRA. At the end of the month some residuals were paid into the original IRA which were then distributed into my inherited IRA. I would like to transfer 1/3 of the residuals to each of my siblings to keep things... View More
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answered on Feb 5, 2025
It does not make sense the the custodian directed the main distribution in thirds but the “residuals” all to you. The residuals should have gone out in thirds too. Make the custodian go in and fix that.
An uncle passed who never married and never had children. He also did not have a will in PA. The two surviving siblings were going to split the estate when it closed. The one sibling passed before the estate could close. Does the lone surviving sibling receive the whole estate now?
answered on Jan 6, 2025
The answer to your question (and many others where there is no Will) lies in Title 20 of the PA statutes, and particularly Section 2103.
If any doubt remains, consult an experienced PA lawyer.
It is highly recommended that an intestacy proceeding be brought in the county of the uncle's death.
The 403b is a traditional 403b that my aunt left me as the sole beneficiary. I plan on taking drawdowns over the 10 year time frame. I understand I will have to pay income tax each year, but am I required to reimburse the estate the 15% inheritance tax? It is considered a non-probate asset.
answered on Dec 22, 2024
You seem to be a well-informed person.
You give short shrift to underlying, probably important, facts, however.
For instance, does the aunt's Will pass the 403b interest to you?
Such obligations are usually contractual, between the decedent and the purchaser (aunt?),... View More
Three NJ resident siblings want to set up a LLC for their recenltly inherited vacation home in Paupack PA in order to spell out financial responsibilities, succession rules, and regulations for using the property. With the approval of the others, one sibling had a NJ lawyer produce a LLC for... View More
answered on Dec 19, 2024
While I think it possible that your sibling misunderstood that the tax preparer (CPA?) actually said, in forty-years of practice, I have never heard of a PA law or rule governing or limiting who may draft LLC documents (other than perhaps the PA Bar, which governs who may practice law within PA).... View More
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answered on Dec 3, 2024
If you have inherited those policies such that you are now the owners, and if they have cash value, you probably can cash them out for their cash values. But cash values are sometimes far less than the death benefit so that might not be the smartest move from a financial planning point of view,... View More
His wife is not being very open about his finances which leads me to think she is trying to keep everything
answered on Nov 25, 2024
THe situation you are describing, dying without a Will, is known as Intestacy in Pennsylvania. Since your father did not have a Will, the surviving spouse is generally not entitled to all of the Estate assets. However, the three assets which you described, retirement accounts, stock accounts and... View More
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
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
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
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
guardian his friend & a trustee ..do I as the wife get money to raise the child and take care of myself?
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.
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?
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... View More
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
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
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,... View More
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.
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.... View More
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
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answered on Aug 5, 2024
You will need to hire a PR attorney to represent you all.
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