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Pennsylvania Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Tax Law and Probate for Pennsylvania on
Q: In Pennsylvania, do we need to file a REV-485 Safety Deposit Box Inventory Form if there was only old junk paperwork?

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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: In Pennsylvania do heirs receive inher. of a will if a bene. dies after the testator but before receiving their inher.?

I submitted this question earlier and received two different answers from two different lawyers. One said, Yes, if the beneficiary died after the person in the origional will died. (Which is the case). The first person's will went to probate, is still in process after 1 1/2 years and no... View More

Mark Scoblionko
Mark Scoblionko
answered on Jul 22, 2023

Please reference my original answer, which I believe to be correct. The presence or absence of a reference to per stripes is relevant only if the beneficiary died before the Testator, which, in this case, he/she did not.

Thus, as I said originally, based on the facts you presented, the...
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Does an estate bank account have to be opened in the state the deceased lived or can it be opened in another state?

I am the executrix of my father's estate in PA but I live in VA. I was just informed by the title company handling the closing on his house that proceeds cannot be deposted into my personal account, only to an estate account. I am trying to find out if I have to open the estate account in PA... View More

Anthony M. Avery
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answered on Jun 28, 2023

If you are probating your Father's Estate, then you will have an Estate Bank Account. If no account, then you are not doing your job. But the title co. does not control how you administer the Estate. You may wish to use an attorney or another title co. to execute the sale. At least... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: How do I as the heir of my Dad claim property for our Aunt who's estate he was executor of?

My dad was executor of my great Aunts estate. He passed away about a year after her. I was looking on unclaimed property for PA and came across something for my Aunt. I was my father's only child and he was never married so beings that I am the surviving heir, how would I go about claiming the... View More

Mark Scoblionko
Mark Scoblionko
answered on Jun 2, 2023

Someone, probably you, if you are your aunt’s sole heir, would have to be appointed as a “successor executor” of her estate. The correct title is actually “Administrator dbncta,” but it is just a successor. In that capacity the successor would file a claim for unclaimed property.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: I have a friend who changed their bank account and listed me as next of kin now upon rigorous paperwork he has now takin

Taken me off that list now I did not sign any paperwork I did not know about this till until today and this was done last week do I have any legal right because he did this without my knowledge or my signature or anything I just want advice on this thank you very much. Just wanted to add in... View More

Nina Whitehurst
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answered on Jan 24, 2023

Your friend has every right to change his identification of "next of kin" with the bank any time he wants and your signature is not required.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Hello, my mother has a 401 k with Fidelity. She passed away without a will and I need some kind of small estate

document in order to collect funds but I don't know exactly what I need. My mom did not own a home or have any assets can someone give me a clear answer on what I need to do and please talk in layman's terms so I can understand please.

Michael Cherewka
Michael Cherewka
answered on Oct 31, 2022

Since your mother had a 401k plan, she should have designated you as beneficiary (or one of several beneficiaries) to receive the account. If she did not designate at least one beneficiary, then your mother died Intestate (without a will) and Fidelity is describing a Small Estates Petition in... View More

2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Q: My grandfather left his house to me in his will ,so after the reading of the will can I change the locks on the house
Stephen M. Asbel
Stephen M. Asbel
answered on Sep 28, 2022

The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: What happens if 2 siblings who inherit a parent's home, cannot agree on what happens to the house during probate?

Here are the details. Sister and I inherited house from father (no mortgage or liens), no will, we started probate, we payed the inheritance tax, we got a new deed created with both our names on it, and we agreed that we both were going to continue living in the house for the next year or 2, but we... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 22, 2022

If that "new deed" to both of you has been executed and recorded, then the property is no longer part of the probate estate.

If the two of you are unable to come to some agreement about what to do with the property, either one of you can file a partition action in court, that...
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1 Answer | Asked in Estate Planning and Tax Law for Pennsylvania on
Q: In PA how much is the tax rate if there was no beneficiary on a IRA and it goes to an estate then passes to adult child

My Dad never updated his will but he left everything to his girlfriend and she said she is going to distribute everything between her and the 3 children evenly. Wondering about taxes and if I should get an attorney to make sure it’s done fairly. 350k+ in assets and investments mostly... View More

Michael Cherewka
Michael Cherewka
answered on Aug 14, 2022

Not sure how to read your question, but if you mean by "never updated his will" that your dad DID have a will and his girlfriend received everything under the will, then you will definitely want to meet with a PA estate attorney. if the will is probated and the girlfriend does not file... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If my sister and I inherited our father's house, how should I go about having a new deed created?

We Plan on living in the house for at least the next 2 years. The recorder of deeds aid that we need to get a new deed created and that any title company can do it. About how much does this whole process cost? I know there is an $83 recording fee. And what is required or needed to create a new... View More

Michael Cherewka
Michael Cherewka
answered on Aug 11, 2022

You indicate that you inherited the house. How you inherited it will determine if the process is simple or a bit more complicated. If your father's Deed was joint deed with you and your sister (Joint with Right of Survivorship) it may be as simple as filing a PA Inheritance Tax Return to pay... View More

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: If I am listed on a relative’s bank account and I and that relative are PA residents, if I die what happens?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 5, 2022

If by "listed" you mean that you have signed a Signature Card with the bank, then you currently have the power to write checks/make withdrawals.

However, if you are listed as a "joint, with right of survivorship", and you pass before the other on the account, your...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Who recieves money left in a checking account?

Father-In-Law passed away in December, there is only his wife (my mother-in law) and my wife (his daughter) surviving him. My Wife is the executor. There's no mention to where it goes in will. Only thing the will says is that the house is left to his wife (my mother in law) and that his... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 4, 2022

Under PA law, the appointed executor's duty is to implement the expressed intent of the testator, as expressed in the probated Will.

If an asset of the testator is not disposed or bequeathed by that Will, it is for the Court, not the Executor, to determine the testator's...
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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: How do I get information on the deed to my deceased father’s house.

My stepmother had a life estate for my father’s house , with my sister, stepsister and myself being the remaindermen. Whereas that arrangement is specified on his will, I’m not sure if it is reflected on the deed. I called the county clerk but she said she could not give me the info. How can I... View More

Anthony M. Avery
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answered on Jul 26, 2022

Hire a PA attorney to search the Title and tell you the status. Real Property can be conveyed by a Probated Will, in addition to Deeds, Court Orders, Heirship, Tax Sales and Adverse Possession.

2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: How do we go about selling a house as remaindermen from a life estate.

My stepmother recently passed away. My father had granted her a life estate for his house, with the remainder interest to be divided between my sister, myself, and my stepmother's daughter. What is the process that we now need to go through to sell the house and divide the proceeds. The lawyer... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 25, 2022

You and your co-heirs need to know what the County record/Registrar of Deeds shows where the real estate is situated. If that record shows the grant from your father to step-mother, remainder to you and heirs, it is probably sufficient to file/record a Certificate of Death of your step-mom.... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Who can help me with a Power of Attorney and what does it cost?
Tim Akpinar
Tim Akpinar
answered on Jul 23, 2022

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It's difficult for attorneys here to offer their services to you to fulfill your request. This forum isn't set up like an attorney referral service. The format here is basically Q & A. One... View More

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: Is common law marriage still able to apply when a couple has been together for more than 30 years and one of them dies?

The "wife" died and house was in both names. Would common law marriage be able to apply in this circumstance when there is no will that everything would go to the "husband". My research on internet looks like yes it can as long as they were together before 2005. The lawyer... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Jun 17, 2022

Pennsylvania law says: "No common-law marriage contracted after January 1, 2005, shall be valid." If the couple were together since before 2005, there MAY be a common law marriage. However, validity of a common law marriage requires more than just living together for a certain period of... View More

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: I have incurable cancer. Would it make sense to transfer all assets with my name on it to my wife?
Michael Cherewka
Michael Cherewka
answered on Jun 14, 2022

First of all sorry to hear of your diagnosis. Second, you should not make any hasty decisions right now. There are many considerations involved in the transfer of your assets or designations of beneficiaries, and you should gather your information and meet with an experienced estate planning... View More

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2 Answers | Asked in Estate Planning, Collections and Probate for Pennsylvania on
Q: My father recently passed, resided in PA and had no assets and or no estate He did have over $30,000 of sole-owed debt.

Funeral expenses will be paid by family members. He had less than $250 in the bank, and once Social Security re-claims the pro-rated portion of his monthly benefit paid at the beginning of the month, there will be insufficient funds. There is no life insurance, property, vehicle, etc. Can the... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Jun 2, 2022

As a practical matter, if the credit card issuers are notified by letter that your father is deceased, there are no assets available to pay their bills and the family is not raising an estate administration, the likely result will be they will write off the balance. To the extent there is any... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: In PA, if my sister and I live with my father and he passes away, can we keep living in the house?

Both my sister and I are over 18 oh, and my father passed away. We both have been living in the house helping take care of him. He told us that both my sister and I would be getting 50% of the house. We have not been able to locate a Will anywhere, and I know we are supposed to pay inheritance tax... View More

Michael Cherewka
Michael Cherewka
answered on May 24, 2022

There are too many unanswered questions right now to give you a specific answer in this type of forum, but you are fortunate that there are no mortgages or liens on the house. You should meet with an experienced estates attorney to assist you in opening an estate administration (since there is no... View More

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: If there is unclaimed death benefits from my grandparents who died 28 years ago is it hard to claim

I am the only child of their only child and they have no siblings left alive. My father who was their only child died 20 years ago. They had no will.

Mark Scoblionko
Mark Scoblionko
answered on May 19, 2022

Your question is not specific enough to answer. What are “death benefits?” Is this life insurance, real estate, etc.?

As a general proposition, a portion of estate assets would ordinarily go from one grandparent to the other and a portion would have gone to your dad, unless your...
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