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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.
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... View More 
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
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... View More
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
answered on Dec 19, 2023
From the information given, it appears that the best thing to do to protect against capital gain tax on your mother's house after her death is to do nothing. If she holds ownership of the house until her death, there will be stepped up basis for calculating capital gain. That is, the capital... View More
Something just doesn't feel right with my in laws estate. The mother passed June of 2022 the father in September. They were seperated, so seperate estates. The mother in laws was just sent to the state for taxes, the lawyer said the stocks portion of it were tedious. My wife just had to... View More
answered on Dec 15, 2023
Whatever is "normal" is governed, and overridden, by a probated Last Will, with its description of powers of the personal representative/Executor.
The appointed pers rep is charged to ensure that any actions of the Estate work to maximize the distribution to the beneficiaries.... View More
My mother passed away recently, and she didn't have a will. I contacted an attorney to take care of her estate, and I'm getting the death certificates he needs.
He told me that since she didn't have a will, I'd have to get a bond. The problem is I don't have the... View More
answered on Nov 17, 2023
Probate court rules can vary from county to county, but in your situation, a "family agreement", which usually deals with matters of both distribution and procedures, would be a good place to provide that you are to be the personal representative and that you are to serve without bond... View More
e.g., An estate is established, no will exists. Probate (and some non-probate) items will be included on the Inheritance Tax Return filed for the estate. There also exist some non-probate items with beneficiaries named (e.g. IRA, annuities). Can the beneficiary file their own Inheritance tax... View More
answered on Nov 16, 2023
In PA, the "estate tax" is levied upon the fair market value of the benefit distributed. Usually, the Will provides that the Estate will pay all debts, and that includes the tax on bequests. Once paid, the distributed benefit gets the "stepped up basis" to its fair market... 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.
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.
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
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... View More
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
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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
answered on Oct 25, 2023
Uh, NO.
A SSN assists in verifying your identity, like your bank account info is important to distribute trust income periodically, but it (neither) has nothing to do with a grantor's choosing to make a trust either revocable or not.
My sister is executor, my mom passed May 2020, and had a very simple estate. Still not closed out, and she will not respond to emails from me or the probate attorney. There are deposits in moms name she will not clarify where they are
answered on Oct 25, 2023
This issue, and your questions, should be addressed to your probate attorney.
In PA, every personal representative, whether executor named in a probated will or and administrator, both appointed, and entrusted, by the court, is required to file an Inventory of all estate assets. That... View More
My father doesn't think he can leave my sister and I the house because he says the bank still owns it technically. He doesn't know where the deed is, but the courthouse should have it. I don't know what to do. He's in a rehab facility currently, he's 82. He says he said the... View More
answered on Oct 18, 2023
Yes, of course, assuming the property is located in PA. The owner of the property (him) owns the property, and the bank with a mortgage against the property has a mortgage lien against the property. So long as payments are made in accordance with the mortgage Note, the bank had no right to... View More
They've not been together since the 1970s but are still legally married. Mom can't afford to file for divorce&even if she did, there's no guarantee dad would agree to it. He doesn't deserve to receive her benefits, she doesn't want him to get them. She wants them to go... View More
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answered on Oct 15, 2023
I understand your concerns. In the U.S., if your parents are still legally married, your father might be eligible for certain Social Security benefits upon your mother's passing, regardless of their prolonged separation. Your mother's wishes about her benefits cannot change Social... View More
My father is in hospice, I am executor. He is in PA. I am in NC but due to health issues can't travel. He has no house, car, assests of any kind except a very small bank account. I am sole beneficiary. I know I don't need probate, but what do I need to do legally to close his estate once he passes?
Shouldn't the bank make the check payable to me
answered on Sep 29, 2023
After the passage of one year from the date of first publication in a newspaper of general circulation in the county where the probate is, and after all due debts have been paid, yes, as sole beneficiary, you should get the residual estate proceeds. The bank should honor your check (as Executor,... View More
My sister and I are co-administrator’s of my father’s estate, and my parents had an old Safety Deposit Box at a bank, and after we went through the process to get access to the Box and to empty the box, the contents of the box was just old paperwork like vaccination records and stuff like that... View More
answered on Sep 23, 2023
File the form, showing the box contents, and put this issue to rest.
If you fail to do the report, there is always a question, an open possibility that someone may allege that something of great value was inside.
People can do strange things during the pendency of an Estate.
My moms ex BF was removed from the deed, he willingly signed off. 2 years ago she added me to the deed with her. Now the ex BF is in Hospice and his daughter is inquiring about the house. Does she have any legal right to it since he willingly signed off of the home?
answered on Sep 1, 2023
When an Estate is created under PA law, either by probating a will, or a guardianship, etc., the new personal representative can 'reach back' for up to four years to recover transfers of assets that did not return "fair market value" the one whose property makes up the Estate.... View More
My father recently passed. His lawyer (now deceased) held the original signed will (unsigned copies were with my father and me). I reached out to the lawyer who inherited the files. He confirmed as the successor, pledged to check for the files, and communicate further. Regrettably, he failed to... View More
answered on Aug 24, 2023
It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More
Haven't processed will due to copy issue and dad’s lawyer passing. Short form delay could cost tax savings.
answered on Aug 22, 2023
It appears, from your post, that your are both the sole heir and the named Executor in the Will. As a matter of practice, it is always best that the named Executor/Executrix have the original, or a duplicate original, of the Will, inasmuch as it is the named personal rep who is responsible for... View More
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