Pennsylvania Estate Planning Legal Questions

An outright gift of 1/5 of the home to each son could trigger the federal gift tax.  There are better ways to protect your home from the potential loss of the home to pay for your care later in life.  Not only is the gift tax a consideration but the potential for not only giving your sons a share of the real estate but also a proportionate share of any debt or liens on the property.  You mention what happens if one divorces - you should also consider what happens if one incurs a liability in an accident or something.  There are a number of considerations before you go and give away a share of your home.  All of these questions and more can be addressed in a thorough discussion of your entire estate plan which if you have not done you should schedule soon.  If you're in your 70s with no plan you risk chaos once you pass away.... Read Answer

Short answer, no, the laws are not the same.  The transaction you describe is a combination of estate administration (specifically, the transfer of the home from what I presume is joint names to your name alone) with a secondary objective of leaving that property to your niece upon your death.  The structure of the deed would need to comply with the laws regarding joint ownership of property where the property is located or your objective could conceivably fail after you're gone.  That being said, there are multiple ways to achieve what you are trying to do.  A Maryland attorney could certainly draft a deed but if your husband's estate has not been administered you may need a PA attorney to represent you in that aspect.  A MD attorney can do certain things in PA but appearing in court for estate administration without a PA license would be a no-no.... Read Answer

There is no obligation or time frame to advise beneficiaries regarding a will.  However, it is wise to do so.  I am confused by the question and facts.  Did your father pass away?  If so, the will must be probated to distribute the estate.  If not, it is entirely up to your father to advise anyone regarding his will. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.      Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

No, living in the house gives him no additional rights to ownership after the owner dies.  Assuming no major creditors of you sister's estate (which could be you if you claim that you are owed something for the work you did on the house), ownership of the house would pass pursuant to her will.  If no will, it would pass by the laws of intestacy.  I am not familiar with the Pennsylvania intestacy statutes, but they likely provide that, if there are no surviving children or grandchildren (or parents) it owuld be divided equally between the surviving siblings.... Read Answer

You do not.  You are not the current beneficiary.  If you were your father's agent under a Durable Power of Attorney and HE wants to sell the house, you could ask the trustee to approach the other owner about selling and buy him out or file an action for partition, forcing a sale.... Read Answer

The attorney does not represent your aunt, the beneficiary.  The attorney represents the executor or administrator of your grandmother's estate.  If your aunt wants someone to protect her interests, she should hire her own attorney.  The estate should have been settled years ago.... Read Answer

If your mother's prior Will did not include an agreement not to change it (mirrored by the same agreement in your father's Will) and she did not sign a contract not to change her Will, she was free to make a new one and exclude whomever she wanted to exclude.  Even if she had had no Will and her estate passed under the laws of inheritance, a stepchild does not inherit unless he was adopted.... Read Answer

If there is no land, house, vehicles, savings account, checking accoount or valued property, it appears the what the family is fighting over may be (1) disposing of the remains and (2) disposing of the personal effects.  (1) In most states, if the deceased has not signed an Appointment for Disposition of Remains or similar document and the family has not acted, the executor may dispose of the remains. (2) In most states, if only personal effects (clothes, shoes, etc.) remain, the Will is not presented to a court for probate (proving).... Read Answer

You can re-open the estate, then open a bank account in the name of the estate, deposit the check and distribute the funds according to your father's Will or, if he did not have one, the state laws of inheritance. Depending on the size of the check, you may prefer to let the funds go to unclaimed property and claim them from the State Comptroller.... Read Answer

Get a written lease (in exchange for caregiving), extending a certain number of months after your grandfather moves to a facility or dies.  Note that even with a written lease, your uncle can demand his share of the proceeds from sale of the house with a suit for partition.  This would require you, your family and your grandfather to move.... Read Answer

It should be listed in an Amended Small Estate Affidavit.  After an Order approving the Amended Small Estate Affidavit has been signed, a bank account should be opened in the name of the estate and the check deposited.  The funds should then be distributed to the heirs according to the state's laws of intestacy.... Read Answer

No, the estate should not be combined as one and split since the deaths were so close UNLESS they fell within the short period provided by state law.  But IF your father lacked a Will, Pennsylvania laws of intestacy would govern.  If, as in most of the original colonies, the English custom is follow, the children as well as the widow inherit.  Check with a local lawyer.  ... Read Answer

You do not write whether the Will has been submitting for probate (proving) but from your description it appears that it has.  You do not write whether you are the executor but from your description it appears that you are not.  If you are not the executor but are a beneficiary, you are not entitled to information for some time, generally over a year.  This gives the executor time to pay bills and file the final tax return.  At a certain point, if no distribution has been made you may ask for an accounting.... Read Answer

File a claim against the estate.  Get a judgment and file a lis pendens (litigation pending) notice in the deed records.  Note that as executor your aunt has a duty to collect the assets, pay the debts and distribute the rest according to the Will.  How much she will be able to offset from the tax payment by claiming there was rent due when there was no lease is an open question.... Read Answer