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 3
Do you have any Pennsylvania Estate Planning questions page 3 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.

Recent Legal Answers

What happens to his share of my incapacitated husband?

Answered 8 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
He still inherits his share. If he is incompetent, then his share can be distributed to his Agent on a POA or Guardian.
He still inherits his share. If he is incompetent, then his share can be distributed to his Agent on a POA or Guardian.
The goal would be to avoid opening an estate. If it is all just personal property, stuff like furniture or tools, without much value, this will probably work. However, 20K worth of stuff is different. consult with a local attorney regarding the specifics of what this personal property is.
The goal would be to avoid opening an estate. If it is all just personal property, stuff like furniture or tools, without much value, this will... Read More

being life of estate, can i move if I wanted to?

Answered 8 years and 10 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The life estate can be drafted in a variety of ways but typically ends on the earlier of your death or when you vacate the property.  At the conclusion of your life estate, your rights (or in other words your interest) in the house terminate and you have no further obligation concerning the house. ... Read More
The life estate can be drafted in a variety of ways but typically ends on the earlier of your death or when you vacate the property.  At the... Read More
You don't have to name your wife as an heir in your will. But, if you do exclude her she can file an election against will and seek one-third of certain assets of yours.
You don't have to name your wife as an heir in your will. But, if you do exclude her she can file an election against will and seek one-third of ... Read More
Ask her. Look to see if an estate has been opened. If so, that is one way legally to find things out like if he died with a will and what his assets upon death were. If you have money hire a lawyer to do all of the above and more.
Ask her. Look to see if an estate has been opened. If so, that is one way legally to find things out like if he died with a will and what his ... Read More

How can I transfer property out of an Estate?

Answered 9 years ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If the real estate is part of the probate estate, you'll have to follow the terms of the Will unless everyone involved agrees to something else.  This estate sounds complex enought that you should retain counsel to assist with the administraton of the estate. 
If the real estate is part of the probate estate, you'll have to follow the terms of the Will unless everyone involved agrees to something... Read More

how do i find a will if the lawyer is deceased?

Answered 9 years ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
I'm sorry to hear about your mother's condition.  I hope she is not in pain and is peaceful.  Is the attorney actually deceased?  You might complete a request for his forwarding address with the post office (they have a form for that).  Check with the local bar association to see if anyone knows of him and his current whereabouts.  Did you check here:  http://www.padisciplinaryboard.org/look-up/pa-attorney-search.php? ... Read More
I'm sorry to hear about your mother's condition.  I hope she is not in pain and is peaceful.  Is the attorney actually deceased?  You... Read More
You might have to sue him. Talk with an attorney first as there is much information missing. Like, is there a loan on the truck?
You might have to sue him. Talk with an attorney first as there is much information missing. Like, is there a loan on the truck?
Unfortunately, you probably will need an attorney. Your are responsible for the taxes as long as this house stays in your name. An attorney would need to examine your contract with them. If you would have had an attorney draft a land sale contract, you would have been protected. A local attorney may be able to initiate contact with them and get them moving or see if you have rights to foreclose. state. I really don't want to get into a lot of expense through the > courts since the house did not cost that much to begin with. I don't believe there was anything in the original contract specifying how long they had to record the deed. I thought that would just be implied that once the sell was complete that they would have to record the deed. I have thought about trying to cut off the utilities, but not sure if I can do that. My main objective is just to get the buyers to record the dead and get my name off of it, so that tax bills are not coming in my name. I assume that they will have to pay the unpaid taxes to be able to record the deed.... Read More
Unfortunately, you probably will need an attorney. Your are responsible for the taxes as long as this house stays in your name. An attorney would... Read More

What can I do to move the sale forward?

Answered 9 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
If you are saying, he has no legal right to be in the property, you can have him removed, and really should do so to avoid him from doing anything out of spite. However, if he has lived there for any period of time, you may have to comply with eviction laws. You might also want to talk to the local police.... Read More
If you are saying, he has no legal right to be in the property, you can have him removed, and really should do so to avoid him from doing anything... Read More
If you are both on the deed to the house as joint tenants with right of survivors you will never be able to sell the house until she agrees. If you are both on the deed as tenants in common, you can sell your half if you can find anybody that wants it.
If you are both on the deed to the house as joint tenants with right of survivors you will never be able to sell the house until she agrees. If you... Read More
It generally takes 5 months for the inheritance tax to be reviewed by the Department of Revenue. The estate cannot be closed until that happens. Once the return is approved, it can take as long the executor and attorney need to wrap things up.
It generally takes 5 months for the inheritance tax to be reviewed by the Department of Revenue. The estate cannot be closed until that happens.... Read More

Must a will be registered at the courthouse to be valid?

Answered 9 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
When someone dies, and there is property to pass on to their heirs, an estate should be opened. If a valid will can be found, it should be filed when opening the estate. The will dictates who will inherit from the estate. If there is no will, or if none can be found, an estate can still be opened. In that case, intestate law determines the order of the family members who inherit. If you think there is a newer will, find it, and find an attorney to file it with a petition for rule to show cause why the new will should not be filed.... Read More
When someone dies, and there is property to pass on to their heirs, an estate should be opened. If a valid will can be found, it should be filed... Read More
If she died, it is very likely subject to PA inheritance tax.
If she died, it is very likely subject to PA inheritance tax.

How can I take ownership of this strip of land?

Answered 9 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Find out who owns it and buy it from them. If no owner can be found, see if the local government taxing bodies will sell it to you.
Find out who owns it and buy it from them. If no owner can be found, see if the local government taxing bodies will sell it to you.
If you didn't sign as a payor, probably not. But, PA has a filial statute. You should discuss this with an attorney to look at the entire situation.
If you didn't sign as a payor, probably not. But, PA has a filial statute. You should discuss this with an attorney to look at the entire situation.

Which is best a will or trust if I am a widow?

Answered 9 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Being a widow, is not the test as to whether you would need a trust or will. Many other facts are needed to advise you properly. Call and estate or elder law attorney.
Being a widow, is not the test as to whether you would need a trust or will. Many other facts are needed to advise you properly. Call and estate or... Read More

Can a beneficiary be changed by POA?

Answered 9 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
You need to review the entire situation including the documents reviewed by an attorney. Generally, only if the language of the POA document specifies that the Agent can change beneficiaries in an insurance policy, will this be permitted.
You need to review the entire situation including the documents reviewed by an attorney. Generally, only if the language of the POA document... Read More
Outside of denouncing her Muslim faith, the option would be to hire an attorney and file to have either you or the Muslim aunt as guardian. If the non-Muslim aunt is not acting in the best interests of grandmother and it is medically possible for grandmother to live outside a nursing setting, then you may have a case.... Read More
Outside of denouncing her Muslim faith, the option would be to hire an attorney and file to have either you or the Muslim aunt as guardian. If the... Read More

What am I entitled to if my father died with no will and I have a stepmother?

Answered 9 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
I think under the PA intestate statute, the wife gets the first 30K. The balance is split between the wife and child or children.
I think under the PA intestate statute, the wife gets the first 30K. The balance is split between the wife and child or children.

Why can't we give our home and holdings to our daughter, our only living child?

Answered 9 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
You really need to sit down with an estate planning or elder law lawyer and present him or her with all the details. These issues are very complicated you need to be fully educated on them before you make any decision.
You really need to sit down with an estate planning or elder law lawyer and present him or her with all the details. These issues are very ... Read More
If it is worth opening an estate, you may have to hire an attorney to file the will and a petition for rule to show cause why you should not be executor.
If it is worth opening an estate, you may have to hire an attorney to file the will and a petition for rule to show cause why you should not be... Read More

Is it the POA's job to inform the only living relatives of her conditions?

Answered 9 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Unless the POA specifically states such obligation/duty, the Agent on the POA probably has no duty to do so. Communication is the key. If you express your concerns in an intelligent and non-threatening way, she may respond to your inquires.
Unless the POA specifically states such obligation/duty, the Agent on the POA probably has no duty to do so. Communication is the key. If you ... Read More
If you were her live-in caretaker for 2 years prior to her Medicaid eligibility, you may be able to stay in the home. Consult with an elder law attorney and provide him with all the details.
If you were her live-in caretaker for 2 years prior to her Medicaid eligibility, you may be able to stay in the home. Consult with an elder law... Read More

Who pays assessment fees when purchasing property?

Answered 9 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
This will be easier with an attorney. Whatever you agree upon. You can agree on having one or several appraisals done. You can also agree to value the land based on the county market value. To transfer the land your mother will have to die first, then a deed needs to be issued from the estate to the one sibling if he or she still wants to buy. The estate lawyer can probably handles this.... Read More
This will be easier with an attorney. Whatever you agree upon. You can agree on having one or several appraisals done. You can also agree to value... Read More