Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: Our father died intestate in Pennsylvania. How do we claim remaining assets?

He required round the clock nursing care so was in a nursing home. My sister had POA and we had to liquidate his assets to pay medical bills. One investment firm, Putnam, refused to recognize the POA while he lived, and even though our father passed in 2009, they still hold onto this one remaining... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 4, 2023

I agree with the prior answer by counsel, with a caveats.

When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of...
Read more »

View More Answers

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Does signing a quit claim deed in Pennsylvania also give up all of the items and property in the house as well?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 1, 2023

The simple answer to your simple question is "No". A quitclaim deed merely transfers whatever interests the grantor has in the realty, not the personalty.

The more difficult question, perhaps, is what all is realty and what is not?

In PA, generally speaking, items so...
Read more »

2 Answers | Asked in Bankruptcy, Estate Planning and Probate for Pennsylvania on
Q: I’m the executor and my brother is a beneficiary. I recently discovered that four months after our mother died in 2019,

my brother filed Chapter 13 bankruptcy. The bankruptcy was dismissed in 2020 due to lack of payment and unfiled paperwork. It appears from the bankruptcy paperwork he did file that he did not mention the inheritance (possibly because he didn’t know what the final amount would be). It’s now... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 15, 2023

As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).

For that reason, I recommend that you proceed to...
Read more »

View More Answers

2 Answers | Asked in Estate Planning for Pennsylvania on
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.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 6, 2023

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,... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: The trustee of my fathers’ estate will not give me an accounting of the estate or release any funds. It has been 14

Months and all the assets are paper. All taxes have been paid to government and state of penn. i live in Delaware father in penn.

Michael Cherewka
Michael Cherewka
answered on May 5, 2023

If the Trustee ( Execeutor?) is not sharing information with you, you may need to engage your own attorney for Beneficiary Representation to obtain the accounting and release of funds (if that is appropriate). Much may depend on whether your father had a Trust, and this is a Trust Admininstration,... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Are class action lawsuit proceeds subject to inheritance tax?

The decedent died and taxes were paid some time ago, but we are still waiting for the proceeds from the class action. I know it won’t be much at all. Even if it’s a couple dollars, would we have to reopen and amend the inheritance tax that has already been paid?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 19, 2023

Every asset to which the decedent/Estate is entitled, or outright owns, must be valued and included in the Estate for purposes of taxation and distribution.

An expected benefit from a class action suit, if the decedent was but one of a large class, will probably be disappointing. In my...
Read more »

1 Answer | Asked in Business Formation and Estate Planning for Pennsylvania on
Q: What process is required to give Personal Rep authorization to windup a PA LLC where the sole member has died?

Sole member of small PA LLC has died. Operating agreement dissolves the LLC upon member death. Personal Rep wants to wind up and terminate the LLC. Personal Rep has letters testamentary. What PA Dept of State forms (filing of certificates), or processes, are required to authorize Per Rep to wind... Read more »

Michael Cherewka
Michael Cherewka
answered on Apr 18, 2023

The Personal Rep has the authority to wrap up the LLC as you describe it. There is a Dissolution process in PA for ending an LLC, which includes collecting all revenues and accounts receivable, paying all costs and debts of the business, getting tax clearances from the Department of Revenue, and... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Pennsylvania on
Q: Where can I obtain a petition document for partition action in court of chancery in Sussex county delaware.A

My mom died intestate with a mortgaged home the lender sold portfolio of mortgages and in paperwork it showed owners death certificate but didn't show any documents of the 3 heirs so now the new mortgage co. Is trustee and said they need our birth cert. And signed quit claim deeds from the 3... Read more »

David Kennedy Bifulco Esq.
PREMIUM
David Kennedy Bifulco Esq. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Does a deed to a house override a will?

If a house is transfer from my father to my father and sibling as joint tenants with rights of survivorship, does a will giving the house to myself and my other siblings become void? Even if done at the same time or after the deed? Does she automatically get the house no matter what the will says... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 22, 2023

A Will, once admitted to probate, and surviving any challenges to validity, distributes assets, and pays debts, existing as of the date of death.

If, prior to death, the testator transfers property to others, then that transfer, assuming it is not invalid, diminishes what is owned at death....
Read more »

1 Answer | Asked in Estate Planning and Public Benefits for Pennsylvania on
Q: Special Needs Trusts

I know a provision in the Will can request an SNT for the benefit of a disabled child. Are SNTs created and/or funded after the death of the grantor(s)? It’s my understanding that one should not leave assets directly to a disabled child, so they don’t lose their government benefits. If a trust... Read more »

Michael Cherewka
Michael Cherewka
answered on Mar 19, 2023

a Special Needs Trust can be created either in a Will, in which case it is not funded until the death of the Grantor, or can be created during the lifetime of the Grantor, in which case it is usually funded (at least partially) when created, and additional funds can be added during the lifetime of... Read more »

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: Decedent had a CD with 2/5 children listed as beneficiaries and all 5 siblings agree to split it, court approval needed?

Since it’s technically not probate property as there were already designated beneficiaries, does this require court approval or does a family settlement agreement suffice?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 15, 2023

While a family settlement agreement always seems like a good idea in probate/post-death matters, with the facts provided, I doubt that one is even necessary. The two named CD beneficiaries are free to share/dispose of their distributions however they like. No court approval seems necessary, on... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: Decedent had a CD with 2/5 children listed as beneficiaries and all 5 siblings agree to split it, court approval needed?

Since it’s technically not probate property as there were already designated beneficiaries, does this require court approval or does a family settlement agreement suffice?

Michael Cherewka
Michael Cherewka
answered on Mar 15, 2023

Not sure that a Family Settlement Agreement is appropriate here. There is no probate estate. However there will most likely be PA Inheritance Tax due on the account balance. Once the 2 beneficiaries receive the balance of the account and pay or set aside the PA Inheritance Tax they are free to... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: what is the difference between the beneficiaries and the trustees when completing a will document?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 9, 2023

The beneficiaries are those who benefit from current or future distributions from the Trust.

The Trustee is the one charged by the Trust documents with managing the assets, seeing to all administrative obligations (tax returns, etc.), and making distributions, all in accordance with the...
Read more »

2 Answers | Asked in Foreclosure and Estate Planning for Pennsylvania on
Q: are the heirs responsible for a reversed mortgage after parents die ? If there was no money in the estate.
Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 16, 2023

The heirs aren't personally responsible, but the property is.

Typically after the passing of a borrower with a reverse mortgage, there are 3 options:

- Heirs purchase the property and/or refinance the loan to pay off the mortgage

- The estate sells the property if...
Read more »

View More Answers

2 Answers | Asked in Foreclosure and Estate Planning for Pennsylvania on
Q: are the heirs responsible for a reversed mortgage after parents die ? If there was no money in the estate.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 15, 2023

Directly, no, unless one or more of the heirs has signed a guarantee with the provider(s) of health care for the deceased.

An argument may be made by the creditor, however, for heir-liability, in the absence of a guaranty, if any of the heirs claimed the decedent as a dependent during life....
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: I deposited personal funds into an estate checking account. Can I repay myself from the estate for those funds?

I'm the estate administrator

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 13, 2023

The answer depends on the reason you deposited those funds. If the reason was just to open the account or maintain a minimum balance to avoid fees, then yes. If it was for some other reason, then the answer is you should ask your probate attorney.

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother recently passed away. I took care of her. I received a letter from an attorney that my mom's uncle died.

She is listed as 1 of the 5 to receive money. Its her 2 brothers and 2 of her sisters kids because their mom died. Would i get what my mother was being left? I am the only child she had. The woman said she would check because of a form that has to be filled out. My mom's sister is deceased and... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 6, 2023

Whether your mother is a distributee of the uncle's will depends upon how the uncle's will reads. It's common for Wills to include alternate provisions for named heirs who predecease the testator, and your great-uncle's will may well redirect the bequest to your mother when she... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother recently passed away. I took care of her. I received a letter from an attorney that my mom's uncle died.

She is listed as 1 of the 5 to receive money. Its her 2 brothers and 2 of her sisters kids because their mom died. Would i get what my mother was being left? I am the only child she had. The woman said she would check because of a form that has to be filled out. My mom's sister is deceased and... Read more »

Michael Cherewka
Michael Cherewka
answered on Feb 7, 2023

whether or not you would receive your mother's share will depend on the wording of your uncle's Will and may also depend on whether your mother survived your uncle and then died, or whether she predeceased your uncle. Since you have been contacted by uncle's estate attorney you have... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: If you are left a specified amount in a will , can the lawyer tell you your going to receive less than was specified .

The specified amount was the same for my 2 siblings and 2 charities . I live in nj but the will is coming from pa

Michael Cherewka
Michael Cherewka
answered on Feb 3, 2023

There is not enough information in your question to give you a definite answer, but if the total estate is not large enough to pay 100% of the specific bequests to you and your siblings and the charities, then yes you can receive less than 100% of the specific bequest. However, typically all of... Read more »

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: My parents have been married 40 years. They want to transfer property from only my dad's name to both. What do they do?

He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?

Michael Cherewka
Michael Cherewka
answered on Jan 30, 2023

Transferring property from a husband to husband and wife jointly (tenant by entireties in Pennsylvania) is easy so long as there is not an outstanding Mortgage loan. Just need a new Deed from your father (Grantor) to your father and mother as husband and wife (Grantees). Since the transfer is... Read more »

View More Answers

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.