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?
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... Read 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... Read more »
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... Read more »
If your father was a resident of Pennsylvania and did not have a will, the Pennsylvania intestate succession law would apply. In a situation where the deceased was married and one or more of his children was not also the child of the spouse, then the spouse's share would be one-half of the... Read 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.
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... Read 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... Read more »
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... Read 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... Read more »
... 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... Read 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?
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... Read more »
The deceased did not have a will and died four years ago but the estate was just opened in January.
Record a certified copy of the decedent with the Registrar of Deeds in the county in which the property is located, and any subsequent title search will show the property as owned by the surviving joint tenant.
... hello ...
... no - not at all - never ...
... John
He does have a sister also. I don't want the house or car or anything to do with it
In Pennsylvania, you can sign a document called a "disclaimer" which indicates you wish to not receive either all or part of what you would inherit. If you sign a disclaimer, for purposes of the estate administration, you would be considered to have died before your father. The question... Read more »
All parties are residents of Pennsylvania. Joint OR on all deceaseds accounts. Only one other party in will, can I just calculate the inheritance tax on the joint accounts with a cpa and pay the sum to the only other member mentioned in the will. Or am I required to have an attorney carry this out... Read more »
… there is no requirement that you need an attorney for this in PA …
… however - you mentioned a Will as well as being on all of the decedent’s accounts or joint …
… that doesn’t seem to make sense … whether a CPA can interpret that is up to you …
John
My husband recently passed while we were on a COVID assistance mortgage plan. For the last couple of months I have been trying to get off of the plan but the mortgage company will not let me without assuming the mortgage. You see my husband was the only one on the mortgage but we are both listed... Read more »
Please accept my condolences for your loss. Perhaps an easier way to address this problem is to work around it. If you and your husband were both on the deed, that is a tenancy by the entireties which means that upon your husband's death, by the rule of survivorship, you became the sole... Read more »
You responded to my question, but with the wrong information. It wasn't my father who passed, my parents have been dead for years. My problem is... my BROTHER,has nothing in public records where it would be if there was a will or if this was being handled properly.
I realize you people... Read more »
… hello - please forgive me … could you explain your situation again? … I would be more than happy to help …
John
My brother passed two years ago in January. My bipolar, control freak sister says she is the executior. Nothing has been done, she says she has a lawyer but won't tell me who. No documents have been filed in public records. A company contacted me stating that I am a beneficiary of the estate.... Read more »
Your father's estate, if your sister probated the Will, is a matter of public record in the Register of Wills for the county in which your father lived at the time of his death. if your sister probated the Will a copy will be in the Register of Wills office along with an Petition for Probate... Read more »
What are the options for getting an executor to do his job? This estate has been open since 2013, we finally settled the real estate in July 2021 which was the most outstanding unresolved asset. Now he simply has some tax issue to clear up and needs to do whatever it takes to close and make the... Read more »
A beneficiary can compel a formal accounting by the Executor. Essentially the Executor ca offer an informal accounting and you can all sign a Family Settlement Agreement or can submit a formal accounting and ask for court approval. Either way you can demand an accounting now and file petition with... Read more »
give it equally to all her grandchildren. But her Will says that her sons should get that money. Do her grandchildren get the money or her sons? Now my brother is taking this to probate. Can he actually get money that was withdrawn from the safe deposit box BEFORE our mother’s death – at her... Read more »
... hello ...
... there are a few issues here ... were you Power of Attorney over your mother? ... why did you have to give the money to her grandchildren? ... how much was given? ...
... the money may or may not be able to be pulled back, but it will be taxed on her Inheritance Tax... Read more »
I’ve been saving for 3 few months but it’s not easy when I pay all the bills, the house is paid off so there is no rent just condo fees. My uncle just sent me a letter giving me 30 days to leave or his team will take action to remove me. I’m not sure what to do or if I have any rights.
"lost the will" doesn't cut it. See if an estate has been opened. The uncle can't just act regardless. You need to file a claim as a potential heir with the register of wills for whichever county you are in. You'd want to check to see if an estate has been opened. If it was... Read more »
My child lives elsewhere and my significant other has children
Hire a competent PA attorney to advise and draft a Deed. A simple Joint Life Estates/Remainder Deed might be appropriate here. Or a very good lawyer could specify Executory Interests, Conditions or even a Reverter, granting and habendum clauses. Remember the executed Deed takes effect now, not... Read more »
With his children
Yes, you can make those arrangements by specific provisions in your will. One way is to give what is called a life estate in the property, which gives your boyfriend control of the property until his death, or until he no longer wants it.
There are other ways, using testamentary trusts,... Read more »
Everything done in secret. I would have inherited half the property since my mother died in 1984. I did not contest because the clerk at register of wills gave me wrong info and I did not have the money. This was also done in 2013. Can I still contest?
No , the statute of limitations is long gone. For what it's worth, will contests are very difficult and had you filed back then you might not have won.
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.
