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.
My divorced brother with 2 minor children lives in PA. My sister and I live in NJ. If we co administer the estate, will we be held responsible for his income tax if there isn't anything to pay with from the estate? He owned nothing and in the past had owed thousands in back taxes. Can... Read more »
No, you don't have personal responsibilities for an estate's debts. You should make no agreement to pay any debt. If anyone claims you are responsible get all their information, write down what they said as exactly as possible, the date and time. Then just tell them "thank you, I... Read more »
Prior to their deaths, my youngest sister (among 5) took over handling all of their finances, at the request of my Mother, and became their power of attorney ("POA"), which I'm not sure was ever made official.
Following my Mother's most recent death, my sister ~ the... Read more »
It sounds like a probate was opened by your sister. Probate is a kind of court case and the records are public. You can go to the courthouse nearest where your mother died and ask to look at the file. You will probably find answers in the file. If you do not understand what you are seeing, you... Read more »
I know the 3 surviving children of my Mother's split her estate. Does that include the 2 deceased son's as well? Do their children get a piece of my Mother's estate without a will?
Under Pennsylvania law when there is no will, assuming that your mother was not married at the time of her death, the estate would be divided into equal shares - one share for each living child and one share for each deceased child who has living children or descendants. Each living child would... Read more »
My mother passed away last year, and we didn’t have any issues with inheritance, except for a 1099 showing dividends from an employee stock plan. The account is very small, so it would be more expensive to probate it then it’s actually worth. We’d like to simply ignore it, but we know we’ll... Read more »
No but before you decide not to did you look under unclaimed money on the Treasurer's website? Look under both her married and maiden names.
https://www.patreasury.gov/unclaimed-property/
Also if she had a car you want to pass title to, a house you would need to open a simple... Read more »
then ignore said beneficiary requests for an explanation?
The powers of any Trustee are prescribed first by the wording of the Trust document itself, augmented by the powers specified in the PA statutes.
To answer your question correctly, a lawyer would need to examine the wording of Trust document.
Are there any rules governing what a Trustee must do to ensure they know what IS & IS NOT in the beneficiaries best interest and act accordingly?
Entire books have been written on this subject, and this has been the subject of numerous lawsuits across the country. There is no simple one-size-fits-all answer, I am sorry to say. If you have a particular action in mind and would like legal advice regarding that, you should consult with an... Read more »
Four of us inherited, one of the executors gets a life estate and 40% share of assets and the remaining three get a 20% share of the estate. My siblings took their share of the money last May but the executors will not release my check until I sign off on my acceptance of 20% share of the home... Read more »
It sounds like your executors are attempting to settle the estate with a Family Settlement Agreement which is the most common way to settle a small estate. If you are not in agreement with the proposed settlement you, as a beneficiary, have a right to request a formal accounting of the estate.... Read more »
My sister-in-law is executor of mother's will. She has not paid inheritance taxes since mother’s death in 02/2017. She will not even have conversation about will. I have been told that my wife, who is sister and co beneficiary in mother’s will, should get a lawyer to help with this issue.... Read more »
First of all are you sure there is a Will? If your sister-in-law claims there is a Will, and that she is named Executor, and if she has done nothing to date your wife has some options, and she needs to meet with an experienced estate attorney to see what option is best. If you think there is a... Read more »
My dad passed Nov 2020 and the bulk of the estate goes to my dad's 2nd wife. I'm listed to receive the vacation home. I haven't read nor have received a copy of my Dad's will, the lawyer just read only the portion pertaining to me. Step mom is executor and hasn't offered a... Read more »
As far as a copy of the Will, the executor is required to send you a notice that you are a beneficiary of the Will, and describe your bequest. Most executors provide a copy of the Will, but unfortunately that is not required and your executor has chosen not to send a copy. Her attorney is correct... Read more »
One person said to use C & G assessment value instead of fair market value to compute inheritance tax. True?
PA inheritance tax on bequests to child/children is five percent. When that is paid, the property enjoys a "stepped up basis", so that on a subsequent sale of the property, any capital gain is computed as the difference between the stepped up basis and the sale price, both for PA and... Read more »
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