The great aunt has a will and the executor is her niece. Does she need to include this in her will? should we do a deed transfer now so we avoid the most taxes? what is the best route to avoid the 15% inheritance tax?
answered on May 19, 2022
If your great aunt wishes to continue owning the home and car until she dies then she would need to revise her Will to include both of these assets as specific bequests to you.
Your great aunt can gift the house and car to you now if she is comfortable with transferring title to you. As... View More 
Does this make the estate bankrupt and is the wife then liable to pay outstanding bills?
answered on May 3, 2022
Although all joint accounts pass to the surviving wife by law, and avoid probate, and therefore are not included in the probate estate which would be available for husband's creditors, the question as to whether the surviving wife could be liable to pay deceased husband's creditors... View More
My parents helped my sibling(1) buy a house and also provided money to make improvements - new roof, bathroom(s) remodeled, etc. Now both my parents are incapacitated. My other sibling(2) has power of attorney over both of them, and used the power to re-title the property in sibling(1) name only,... View More
answered on Apr 27, 2022
In PA, the designated "attorney-in-fact" must always act to promote the best interests, especially financial, of the grantor(s) under the Power of Attorney.
Upon the scant facts you provide, there seems to be no financial benefit to your parents by forfeiting their long-held... View More
In the event of death will the state try to get the property to pay for his services ?
answered on Apr 19, 2022
The VA home purchase benefit entitles the vet buyer to finance 100% of the purchase amount of the property, and consequently, for several years after the purchase, there is little or no equity in the property.
When federal funds (administered by the State) are expended for end of life... View More
I live in Louisiana and want to know that she’s not stealing from the Estate. She just contacted me after no contact for 2 months and wants me to help clean out the family house. Am I obligated to comply? Can I charge the Estate a fee to fly up there, car rental, hotel fee since she wants help? I... View More
answered on Apr 14, 2022
… hello …
… I have never heard of an executor commission being 10 percent - in Pennsylvania, it has to be “reasonable” …
… you don’t have to help her clean out the house, and being reimbursed would be up to her …
… although your father just passed a month... View More
What else needs to be done before I can get the left over money in the account?
Edited: to say their was no will. But yes it was posted in the paper and 1 other place by my lawyer. About 2 months ago
answered on Apr 10, 2022
Assuming you opened a probate case and got the will admitted, PA law requires you to post notice of the estate opening in a newspaper in the county "of general circulation". Creditors of the estate have one year from the date of first publication within which to make a claim against the... View More
answered on Apr 1, 2022
... hello ...
.. she just has to sign the original page - she does NOT have to redo it ...
... with respect to being notarized, some Powers have a notary - some do not ... just follow the document ...
John
My wife was second in the Power of attorney ,if her brother could not perform the task ,He passed away 12/31/2020 will was written about 8 months prior. She needs to sell the house and put it in trust for her mother to be used to pay for nursing home care, because of her brothers death she is also... View More
answered on Apr 1, 2022
... hello ...
... to start, it seems that you may be confusing a few terms ... it also appears that you may be referencing two different documents - a Last Will (you had mentioned an Executor) and a Power of Attorney (you had mentioned that she is the second in that - behind her brother)... View More
The are five sibling and the will specifies that the estate be settled equally; each sibling receiving 20%. My sister lived with my father prior to his passing and continues to occupy the property. She is the executrix of the estate and has specifically denied us access to the house. We want to... View More
answered on Mar 30, 2022
The executrix stands as your deceased father's personal representative so she can decide who can enter the property. The rest of the beneficiaries have a beneficial interest. If you believe the estate is not being administered properly or the property is not being maintained, you can file a... View More
She still has a mortgage.
answered on Mar 28, 2022
Either form of deed will serve the purpose.
Warranties, in a deed or any other document, assure the person to whom the warranty is given, and if breached, that person may be entitled to the grantor for the breach.
Inasmuch as the grantor's own living trust will be the grantee,... View More
The lien is from a home equity loan where the primary applicant is not on the deed of the property but the co-signer is. In this scenario, the co signer passed away and in their will they gave the house to someone unassociated with the loan/lien.
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answered on Mar 18, 2022
A Devise of real property subject to a Lien to a Devisee conveys the property to the Devisee with the Lien against the land, but does not render the Devisee personally obligated for the Debt which created the Lien. The Lienor may go against the land but not the new owner. However the Lienor... View More
For example, a husband passes and has standard bank accounts in excess of $50k in his name only that in his will are left to his daughter. His surviving spouse takes Elective Share. Is the surviving spouse eligible to receive the 1/3 share of those accounts? This situation being in Pennsylvania.
answered on Mar 18, 2022
These bank accounts are counted as part of the total of assets that count toward calculating the 1/3 elective share even if the accounts were specifically left the decedent's daughter. Whether the surviving spouse actually receives money out of the accounts depends upon whether there are... View More
She was married and did die intestate in PA. Her husband inherited her very small estate. The question asked appears in her deceased husbands will. How would this be distributed ? She was from the Philippines. No children. Would half her husbands estate be distributed to her family ? Or since her... View More
answered on Mar 13, 2022
A lawyer would need to review the Will in its entirety. On the basis of what you have quoted, the Will might be referring to distribution of half of his estate in accordance with the Pennsylvania intestacy laws, i.e., to her family, or the equivalent of half of what was her estate in accordance... View More
If the appointment of an estate administrator was 15 months after the death of the estate owner (date of death was Oct 2020, appointment of administrator was Jan 2022), what should be used as the the date Estate formed for generating the estate Tax ID date? Note, the original death certificate was... View More
answered on Mar 9, 2022
... hello ...
... I would consult an experienced attorney with respect to what date the estate was formed ...
... with respect to filing deadlines for the discount, no ... none of them were extended ...
... good luck ...
... it seems that you may be served to have... View More
Yes, my sister and I plan on keeping the house for the foreseeable future. How would I go about getting this data, county assessed value and common level ratio, to compute what we owe in tax?
answered on Mar 7, 2022
I agree with the preceding answer, but there's another factor to consider: the valuation for estate tax purposes (where the appreciation in value is taxed at 4.5%) becomes the "stepped-up" basis for future income tax/capital gains purposes. The estate tax 4.5% is a way better rate... View More
Revocable Trust owns house in with trustees were originally my mother and stepfather. They established this in 2007. They were the settlors and trustees. She passed in 2018. He passed in 2021. Successor trustee is me. Can Medicaid take house in estate recovery?
answered on Feb 26, 2022
Since it was a recovable trust, and not an irrevocable trust, the trust assets are most likely available to the Estate Recovery Program. However, I strongly recommend taking the trust document to an estate planning or elder law attorney to confirm as much, and also to determine if your parents... View More
My husband and daughter are co-owners on the deed for the property that we currently have 2 homes on. They have owned this property for 9 years. My daughter is getting married in July. My question is 2 fold. 1. If my husband dies before me, does his share become mine? 2. If my daughter divorces,... View More
answered on Feb 15, 2022
To completely answer your question, I would need more information. Concerning the first part of your question, what happens in the event of your husband dying before you, it depends upon the form of shared titled your husband and daughter have on this property. If your husband and daughter own... View More
Can Medicaid Estate Recovery go after life insurance that has already been paid out to beneficiary?
answered on Feb 2, 2022
Unless the named beneficiary of the insurance policy is the decedent's estate, no.
Revocable Trust owns house in with trustees were originally my mother and stepfather. She passed in 2018. He passed in 2021. Successor trustee is me. Can Medicaid take house in estate recovery?
answered on Feb 1, 2022
Because the house was held by a REVOCABLE Trust, which could have been changed at any time prior to death of the trust grantors, the house has been subject to that power of disposition by both your dad and mom. For that reason, because of that power, the house is probably included in the estate of... View More
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