Pennsylvania Estate Planning Questions & Answers
Q: Can the same lawyer represent both sides in the divvying up of an estate/inheritance with 1 party buying the other out?
Peter N. Munsing's answer
If both parties are aware and consent, yes. It's called a knowing waiver of a conflict.
If both parties are aware and consent, yes. It's called a knowing waiver of a conflict.
Q: I did my own will through the Suze Orman website and my will mentions a revocable trust but I didn't do it.
John Whalen's answer
... Hello ...
... please please please do not listen to Suzy Orman ... She is based in California, cites California law, and is not an attorney ...
... Estate and Wills law is state specific ...
... Please ensure your Will is proper under Pennsylvania law ...
... thank you and good luck ...
... John ...
• • • • •
John B. Whalen, Jr., JD., LL.M., Attorney and Counselor at Law. Mr. Whalen is AV Peer Review Rated Preeminent 5.0 and...
... Hello ...
... please please please do not listen to Suzy Orman ... She is based in California, cites California law, and is not an attorney ...
... Estate and Wills law is state specific ...
... Please ensure your Will is proper under Pennsylvania law ...
... thank you and good luck ...
... John ...
• • • • •
John B. Whalen, Jr., JD., LL.M., Attorney and Counselor at Law. Mr. Whalen is AV Peer Review Rated Preeminent 5.0 and...
Q: My brother and I purchased our family's cabin and acreage years ago. Can his wife take over ownership if he were to die?
Mark Scoblionko's answer
You would need a lawyer to review your deed and advise you.
As a general principle, if your deed says that you own the property as joint tenants with right of survivorship, if one dies, the property passes automatically to the other deed holder. On the other hand, if the deed says nothing about right of survivorship, the property is owned as tenants in common, and the 50% interest of each would pass by that person’s Will or, if none, through that person’s estate under the laws...
You would need a lawyer to review your deed and advise you.
As a general principle, if your deed says that you own the property as joint tenants with right of survivorship, if one dies, the property passes automatically to the other deed holder. On the other hand, if the deed says nothing about right of survivorship, the property is owned as tenants in common, and the 50% interest of each would pass by that person’s Will or, if none, through that person’s estate under the laws...
Q: My brother was sole executor to our parents estate & has now passed prior to settlement, who will be executor now?
Kathryn Hilbush's answer
Apparently you father's will didn't name an alternate executor. In that case, a new one will have to be appointed. You and your sister and agree as to which of you may take that role or ask that one be appointed by the court. You can serve as co-executors as well. I highly recommend that you consult with an experienced estate attorney to determine what approach is best for you.
Apparently you father's will didn't name an alternate executor. In that case, a new one will have to be appointed. You and your sister and agree as to which of you may take that role or ask that one be appointed by the court. You can serve as co-executors as well. I highly recommend that you consult with an experienced estate attorney to determine what approach is best for you.
Q: How do you transfer a real estate deed to a court appointed administrator when the deceased did not have a will in PA?
2 Answers
| Asked
in
Estate Planning and Real Estate Law
for
Pennsylvania
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
Q: Two organizers on a real estate LLC and one dies, does #2 own it all? Bradford PA
1 Answer
| Asked
in
Estate Planning and Real Estate Law
for
Pennsylvania
on
Answered on Nov 23, 2018
Answered on Nov 23, 2018
Mark Scoblionko's answer
You need to review this with a lawyer. However, if you write a Will and leave your interest in the LLC to her and, at the same time, insert a provision in your Operating Agreement to express that that is your intent, you should be able to accomplish this.
Remember that there will be an inheritance tax on the value of the LLC that passes to her, and you must provide for that.
You can also review with a lawyer if it makes sense to have the LLC jointly owned between you and her....
You need to review this with a lawyer. However, if you write a Will and leave your interest in the LLC to her and, at the same time, insert a provision in your Operating Agreement to express that that is your intent, you should be able to accomplish this.
Remember that there will be an inheritance tax on the value of the LLC that passes to her, and you must provide for that.
You can also review with a lawyer if it makes sense to have the LLC jointly owned between you and her....
Q: What are the procedures for a West Va. estate to transfer the interest in Pennsylvania real estate to WV beneficiary?
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Pennsylvania
on
Answered on Nov 7, 2018
Answered on Nov 7, 2018
Q: My mother remarried, she recently died. My stepfather is saying that his attorney told him he does not have to go to
Peter N. Munsing's answer
If there is a will it should be probated. Ask for the name of his attorney; tell him if he won't tell you you hate to do it but you'll have to hire one. If the 401k has someone else as beneficiary he can't change that. Assuming you are all adult, then her will governs. He can't play keep away. Another way is to force it --if you have an older will see about probating that then he'll have to provide the newer will. But you all really need to see an attorney who handles estates in the county...
If there is a will it should be probated. Ask for the name of his attorney; tell him if he won't tell you you hate to do it but you'll have to hire one. If the 401k has someone else as beneficiary he can't change that. Assuming you are all adult, then her will governs. He can't play keep away. Another way is to force it --if you have an older will see about probating that then he'll have to provide the newer will. But you all really need to see an attorney who handles estates in the county...
Q: Is stipulation withdrawing w/prejudice issues of estate, adopted as order, agreed to by all parties, final?
1 Answer
| Asked
in
Estate Planning, Family Law and Real Estate Law
for
Pennsylvania
on
Answered on Nov 1, 2018
Answered on Nov 1, 2018
Cary B. Hall's answer
I'll be honest . . . your situation is way too complicated to get a competent answer here. You really need to sit down with an attorney who practices regularly in the Orphans' Court, and discuss your situation in detail with him/her. At that point, you can pose your question. And you should do this immediately as there are surely deadlines and time limits in the current court litigation.
Best of luck to you.
I'll be honest . . . your situation is way too complicated to get a competent answer here. You really need to sit down with an attorney who practices regularly in the Orphans' Court, and discuss your situation in detail with him/her. At that point, you can pose your question. And you should do this immediately as there are surely deadlines and time limits in the current court litigation.
Best of luck to you.
Q: Is it typical for an attorney to charge for managing an estate as well as doing litigation for asbestos claims ?
2 Answers
| Asked
in
Estate Planning, Environmental and Probate
for
Pennsylvania
on
Answered on Oct 31, 2018
Answered on Oct 31, 2018
Q: My mother passed away as life estate grantor to my brother, his wife, and myself. I want to drop off new deed.
1 Answer
| Asked
in
Contracts, Estate Planning and Real Estate Law
for
Pennsylvania
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Elizabeth Tarasi's answer
In the deed you would state $1 as the consideration. Also because it is between family members you are exempt from realty transfer tax in Pennsylvania. No gift issues.
In the deed you would state $1 as the consideration. Also because it is between family members you are exempt from realty transfer tax in Pennsylvania. No gift issues.
Q: My mother passed while she was on medicaid. All she had were 2 small insurance policies ( 5k per). Do I need to probate
Elizabeth Tarasi's answer
The insurance policy usually names a benificiary. Generally you do not probate when the only assets are insurance policies.
The insurance policy usually names a benificiary. Generally you do not probate when the only assets are insurance policies.
Q: I recently received Praecipe to Reinstate/Reissue involving my late aunt's mortgage. Why would I and what can I do?
2 Answers
| Asked
in
Estate Planning, Foreclosure and Real Estate Law
for
Pennsylvania
on
Answered on Sep 8, 2018
Answered on Sep 8, 2018
Cary B. Hall's answer
When litigation is filed -- including mortgage foreclosure cases -- the named Defendant must be served with the suit papers in a particular way, and there is a time limit for this to occur. If service is not made within this initial time period, the Complaint must be "reinstated" or "reissued," and then the time limit starts over for the Plaintiff to try to serve the suit papers again.
Best of luck to you.
When litigation is filed -- including mortgage foreclosure cases -- the named Defendant must be served with the suit papers in a particular way, and there is a time limit for this to occur. If service is not made within this initial time period, the Complaint must be "reinstated" or "reissued," and then the time limit starts over for the Plaintiff to try to serve the suit papers again.
Best of luck to you.
Q: My gram passed away, she left me some money. I lent that money to my mom, she spent it all, how can I get it back?
1 Answer
| Asked
in
Civil Litigation, Estate Planning and Probate
for
Pennsylvania
on
Answered on Aug 21, 2018
Answered on Aug 21, 2018
Cary B. Hall's answer
You may have to sue your mother in civil court -- although if she has no money in which to satisfy any civil judgment against her, all you'll be left with is the judgment paper itself at the end of the day. Perhaps she'd be willing to enter into some kind of repayment plan?
Best of luck to you.
You may have to sue your mother in civil court -- although if she has no money in which to satisfy any civil judgment against her, all you'll be left with is the judgment paper itself at the end of the day. Perhaps she'd be willing to enter into some kind of repayment plan?
Best of luck to you.
Q: Are deceased sibling's children now "issues" to an uncle's intestate estate in PA entitled to funds therefrom?
Michael Cherewka's answer
It is unclear from your summary whether your mother had a Will or not. These are very fact intensive and time sensitive issues. In general, based on your description above, if your mother was alive when your uncle died, and your mother was a beneficiary of his estate at the time of his death, then your mother died after your uncle, but before his estate was distributed, your mother's estate would receive the distributions from your uncle's estate.
You state above that you were not a...
It is unclear from your summary whether your mother had a Will or not. These are very fact intensive and time sensitive issues. In general, based on your description above, if your mother was alive when your uncle died, and your mother was a beneficiary of his estate at the time of his death, then your mother died after your uncle, but before his estate was distributed, your mother's estate would receive the distributions from your uncle's estate.
You state above that you were not a...
Q: Distribution of intestate PA estate from uncle to nieces and nephews. He had no wife, children, parents, or siblings.
Michael Cherewka's answer
Under the circumstances you describe, since your mother survived your uncle, she was entitled to her share of your uncle's Estate when he died, and once she died any distributions from your uncle's estate would typically be made to your mother's estate. There are some limited exceptions to this general rule. You may want to consult an attorney to see if any apply in this case.
Under the circumstances you describe, since your mother survived your uncle, she was entitled to her share of your uncle's Estate when he died, and once she died any distributions from your uncle's estate would typically be made to your mother's estate. There are some limited exceptions to this general rule. You may want to consult an attorney to see if any apply in this case.
Q: I am a neighbor to a woman here in pa..
Mark Scoblionko's answer
I don't know what your question is. The fact that the daughter holds a Power of Attorney is irrelevant. That would not give the daughter the right to remove those things without her mother's consent.
I don't know what your question is. The fact that the daughter holds a Power of Attorney is irrelevant. That would not give the daughter the right to remove those things without her mother's consent.
Q: will splits property 50/50 with my bro but than sets value of her farm at a low rate gives bro right of 1st refusal
Michael Cherewka's answer
It is unclear from this summary if this is a Will and a separate agreement which is a combination of a sale and gift, or if this is all set forth in a Will. In general there is nothing wrong with a partial sale/partial gift, but as you have described it there are a lot of questions regarding if there are other provisions to equalize the estate if your brother exercises the right, who pays the inheritance taxes on the value of the property, etc. since your Mother expressed an intent for the...
It is unclear from this summary if this is a Will and a separate agreement which is a combination of a sale and gift, or if this is all set forth in a Will. In general there is nothing wrong with a partial sale/partial gift, but as you have described it there are a lot of questions regarding if there are other provisions to equalize the estate if your brother exercises the right, who pays the inheritance taxes on the value of the property, etc. since your Mother expressed an intent for the...
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.
