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Pennsylvania Estate Planning Legal Questions

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161 legal questions have been posted about estate planning by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Estate Planning Questions & Legal Answers - Page 2
Do you have any Pennsylvania Estate Planning questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 161 previously answered Pennsylvania Estate Planning questions.
Estate Planning
Pennsylvania

Recent Legal Answers

making changes to an already drawn up wll

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Small changes may be made by a Codicil, a Will amendment executed with the same formality as a Will (notarized, witnessed, etc.) Large changes may require a new Will.
Small changes may be made by a Codicil, a Will amendment executed with the same formality as a Will (notarized, witnessed, etc.) Large changes may... Read More

Should I go to a consultation first.

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
An agent under a Durable Power of Attorney cannot be appointed by Will.  A Durable Power of Attorney is only effective while the person granting it is alive.  A Will is only effective after the person has died and the Will has been admitted to probate (proving) by a court. Your mother may have legal capacity to make a Durable Power of Attorney, a Will, or both or neither.  To find a local elder law attorney, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
An agent under a Durable Power of Attorney cannot be appointed by Will.  A Durable Power of Attorney is only effective while the person granting... Read More

Is it to late to transfer assets?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
It seems unlikely that this is good advice.  If your father wants to transfer assets into your name, he should note that Medicaid regards any transfer of assets for less than fair market value within the 60 months before the Medicaid application to be an attempt to get around the asset limitation in order to qualify.  This will result in him not be eligible for Medicaid for months, maybe years.  If your mother is going to pass soon, can your father say with absolute confidence that he will not need Medicaid within the next five years?  BTW, you could be found guilty of Medicaid fraud, a criminal offense.... Read More
It seems unlikely that this is good advice.  If your father wants to transfer assets into your name, he should note that Medicaid regards any... Read More

what type of lawyer do I need

Answered 6 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Hire a "fiduciary litigator," a probate attorney who brings lawsuits, and file a complaint for exploitation of an elderly person.
Hire a "fiduciary litigator," a probate attorney who brings lawsuits, and file a complaint for exploitation of an elderly person.

What are my rights?

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Due to state variation you should contact a local Social Security lawyer.  You might try the National Organization of Social Security Claimants Representatives.
Due to state variation you should contact a local Social Security lawyer.  You might try the National Organization of Social Security Claimants... Read More

Life insurance

Answered 6 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
No.  Beneficiary designations survive separation and, in some states, divorce.
No.  Beneficiary designations survive separation and, in some states, divorce.

deceased fathers estate

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Check your county court or state bar for a list of probate attorneys in your area.
Check your county court or state bar for a list of probate attorneys in your area.

As a trustee of either a revocable or irrevocable trust

Answered 7 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
As a trustee, you have a duty (called a fiduciary duty) to administer the trust funds for the benefit of the beneficiaries.  You should read what the trust has to say about this question first but I'd suggest that even in the absence of specific direction in the trust, yes you should notify the beneficiary.  ... Read More
As a trustee, you have a duty (called a fiduciary duty) to administer the trust funds for the benefit of the beneficiaries.  You should read... Read More

Does a last will hold up if my dad got remarried?

Answered 7 years and 9 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Did the father make a new will afterthe prior one?  If he remarred, his new wife has rights to a portion of his estate regardless of what his will says.  You'll need to give more details to an attorney before you can get specific answers.  Was an estate filed for the father and the stepmother appointed as the personal rep?  Was step mother's name put on the deed to the property?  if so, the deed would "trump' anything in any will.  ... Read More
Did the father make a new will afterthe prior one?  If he remarred, his new wife has rights to a portion of his estate regardless of what his... Read More

What to do with father's home when he passes, reverse mortgage involved

Answered 8 years ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The reverse mortgage needs to be paid back.  In order for you to keep the house, you'll probably have to purchase the house from the lender.  If medical assistance is paying for any of the owner's care, medical assistance may end up with a lien on the home as well and that will need to be worked out.... Read More
The reverse mortgage needs to be paid back.  In order for you to keep the house, you'll probably have to purchase the house from the... Read More

About how much would it cost to write a will?

Answered 8 years and a month ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You should expect to pay anywhere between $350 to $1,000 for a basic will (basic could mean a lot of things).  We're on the lower end of that range and would be happy to help you.  We've completed over 17,000 wills over the last 10 years.  Feel free to contact us. 
You should expect to pay anywhere between $350 to $1,000 for a basic will (basic could mean a lot of things).  We're on the lower end of that... Read More

Am I responsible for my deceased husband's debt?

Answered 8 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Not personally responsible, unless you were a co-owner or signed as a guarantee. His estate is the only entity responsible for his debts.
Not personally responsible, unless you were a co-owner or signed as a guarantee. His estate is the only entity responsible for his debts.

Am I responsible to pay the funeral bill for my sister because I signed the contract?

Answered 8 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
If the contract makes you legally bound, and you signed it, probably.
If the contract makes you legally bound, and you signed it, probably.

How do I get my share if my dad’s will states that on his passing, his estate would be divided up equally?

Answered 8 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
If the CD was titled jointly, it passes to the joint owner upon the death of your father. It does not pass through the will to the heirs. You need to talk to your brother about sharing it. He has not legal obligation to do so but may do so out of fairness. If he will not, you need a lawyer to file a petition challenging the transfer.... Read More
If the CD was titled jointly, it passes to the joint owner upon the death of your father. It does not pass through the will to the heirs. You need... Read More

If we find out he's our brother, does he have any rights to the estate?

Answered 8 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
I would ask the attorney for the estate. I would have to research this issue. Was the estate advertised?
I would ask the attorney for the estate. I would have to research this issue. Was the estate advertised?

How do I obtaining a missing PA Title with one deceased co-owner?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
I may be wrong but my recollection is that you can get a duplicate title. I thought there was a form on the PennDOT website. If not, go to one of the PennDOT service centers. There was one on Rodi Road in Penn Hills a couple years ago.
I may be wrong but my recollection is that you can get a duplicate title. I thought there was a form on the PennDOT website. If not, go to one of... Read More

Am I going to be able to deposit this check made out to the estate of into my account?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Normally, when a check is payable to the estate, you can only deposit it into an estate account. If you need to open an estate, see if you can get the insurance company to reissue the check payable to you. You can also see if they will release it to you pursuant to section 3101 of the Probate, Estates and Fiduciary Code if you produce a paid funeral bill. If none of this works, call a lawyer.... Read More
Normally, when a check is payable to the estate, you can only deposit it into an estate account. If you need to open an estate, see if you can get... Read More

Can I get her for abandonment to get her name off the title if she left a year ago?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
You are in a tough situation. More information is needed. If you are married you can eventually get an order of court which direct her to sign it over to you, but this may take years. Alleging she abandoned you or the trailer provides no legal remedy.
You are in a tough situation. More information is needed. If you are married you can eventually get an order of court which direct her to sign it... Read More

What is included if home situate and the contents therein?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
That is complicated. Were the outbuildings there when the will was written? Are the outbuildings on separate deeds? Chances are if it is all on one deed, it means the land and the home and everything inside the home. The tractors and vehicles would be considered personal property and go to whoever the will says her personal property goes to.... Read More
That is complicated. Were the outbuildings there when the will was written? Are the outbuildings on separate deeds? Chances are if it is all on one... Read More

What should be done if every time I ask my attorney, she would say that she would look it up then charge me?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
I don't know all the facts here. The way you describe it, it sounds like she could be milking you. You may want to consider another attorney.
I don't know all the facts here. The way you describe it, it sounds like she could be milking you. You may want to consider another attorney.

When an item is discovered in a recently purchased home, what is the legal responsibility of the new owners?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
I would need to know more. It is important that it was discovered after title had passed to the new owner.
I would need to know more. It is important that it was discovered after title had passed to the new owner.

If my parents have both recently passed and did not have a will or no one has been made executor, can my sister change locks on our house?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
First, you need to get in there and care for the pets. If they are in dire need of care, call the police. Only the executor has authority to control the house and other assets in the estate. If you or your sister are the only heirs, either of you can step up to be the Administrator, or Co-Administrators. If neither of you can agree, you can both file to become Administrator, and the Register of Wills will conduct a hearing and choose which one of you should serve.... Read More
First, you need to get in there and care for the pets. If they are in dire need of care, call the police. Only the executor has authority to ... Read More

If I want to sell the portion I inherited to my father, how do I write the letter to execute my decision?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
No one can answer this without looking at the will or any other business succession documents your father may have had. If this was just a verbal agreement, and you have run out of patience with your brother, you need to file a petition in court against the executor for nor liquidating estate assets.... Read More
No one can answer this without looking at the will or any other business succession documents your father may have had. If this was just a verbal ... Read More

Who has medical power of attorney?

Answered 8 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Whoever the principal gives it to.
Whoever the principal gives it to.

If I buy a house in Pennsylvania do i own the land it's on?

Answered 8 years and 9 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
In almost every instance, the answer is yes.  The sales agreement and your title search (you shoud get one done before you buy) will tell you for certain what you are buying.
In almost every instance, the answer is yes.  The sales agreement and your title search (you shoud get one done before you buy) will tell you... Read More
Estate Planning
Pennsylvania

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