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 
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... View More
My dad died intestate. Bank accounts were jointly owned with my mom (his spouse). Only one account was in his name solely, a holding in a mutual fund, approx 50,000. He also had a credit card in his name solely, approx 10,000. After funeral expenses, etc there is enough left to pay the unsecured... View More
answered on Aug 11, 2022
Two different questions here. PA Inheritance Tax return you usually report assets in decedent's name alone at 100% of value, and then there is a Joint Asset schedule where (in case of husband and wife) you would report 1/2 of total of joint assets.
The credit card would be deducted as... View More
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
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
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
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... View More
It has a 26 thousand dollars balance, can I keep it or do I have to sell it?
answered on Jun 7, 2022
To fully answer your question would require additional information because whether or not you can keep the house will depend upon a number of factors. Are there other assets which can be used to pay off the mortgage? Are there other debts beside the mortgage which must be paid? Are there other... View More
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
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
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
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
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
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
answered on Mar 23, 2022
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... 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
The deceased did not have a will and died four years ago but the estate was just opened in January.
answered on Mar 1, 2022
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.
He does have a sister also. I don't want the house or car or anything to do with it
answered on Feb 1, 2022
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... View 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... View More
answered on Jan 12, 2022
… 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... View More
answered on Dec 27, 2021
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... View 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... View More
answered on Dec 21, 2021
… hello - please forgive me … could you explain your situation again? … I would be more than happy to help …
John
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