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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 5
Do you have any Pennsylvania Estate Planning questions page 5 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

Can I contest my deceased fathers will on the grounds that he loved my adopted sister as a lover and not as a daughter?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
You should find a lawyer to tell all the intimate details to. If she exercised undue influence or coercion over him, you may have a shot.
You should find a lawyer to tell all the intimate details to. If she exercised undue influence or coercion over him, you may have a shot.

Am I liable for the 4.5 percent tax on the house?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Don't know what a "receivership" clause is. The inheritance tax rate for a lineal heir, you, a child, is 4.5%. You may want to consult with an attorney about preparation of the inheritance tax return as an attorney can use deductions to lower the amount you pay and advise you if you can get a discount for making an estimated payment within three months of death. Also, an attorney can advise you an estate so that there is clear title to the home when transferred to you.... Read More
Don't know what a "receivership" clause is. The inheritance tax rate for a lineal heir, you, a child, is 4.5%. You may want to consult with an ... Read More

If one of us should die, does he or she automatically have the other account transferred?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Upon his death if an account is in the name of one spouse only, it passes to that spouse's estate, which would require opening an estate or filing a small estate's petition. However, there is an exception in PA where a wife can liquidate a bank account under 10k by producing a death certificate and a paid funeral bill receipt to the bank. The joint account passes to the surviving spouse.... Read More
Upon his death if an account is in the name of one spouse only, it passes to that spouse's estate, which would require opening an estate or filing... Read More

Can an executor have their name added to the property when they are supposed to be acting in the best interest of the inheritor?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Ask her what she is doing. If you cannot, hire an attorney to ask for a copy of the will, to examine the estate file and to advise you properly.
Ask her what she is doing. If you cannot, hire an attorney to ask for a copy of the will, to examine the estate file and to advise you properly.

Can we force sale of property?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
It is very difficult. If you cannot agree on a buy out price, it is really hard to get them off the deed. If you want to force a sale, you need to hire a lawyer to file an Action for Partition of Real Estate. It is a lawsuit and it is costly. If they are not paying taxes or upkeep, you should notify them in writing and request payment. Review this with a local real estate attorney.... Read More
It is very difficult. If you cannot agree on a buy out price, it is really hard to get them off the deed. If you want to force a sale, you need to... Read More

When a deed is wrongfully conveyed by way of a decedent's Will (property was not owned by decedent), does that invalidate the will?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
I don't see how someone deeding property another which is contrary to the way the will directed the property to pass to, could invalidate the will. If that is what you are asking.
I don't see how someone deeding property another which is contrary to the way the will directed the property to pass to, could invalidate the will.... Read More

Can her family get the house when she dies if grandfather bought a house before he remarried?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Not sure what this means. If you are saying grandpa added his second wife on the deed and she and he were on the deed when he died as husband and wife, it passes to her upon his death and does not go into his estate.
Not sure what this means. If you are saying grandpa added his second wife on the deed and she and he were on the deed when he died as husband and... Read More

How to evict a person who never to sale home f

Answered 10 years and 11 months ago by Nikolaus Alexander Baikow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Additional facts are needed to decide this issue. If the border is not a tenant, then you can file an action in ejectment to remove her from the property.  Filing an action in ejectment is a technical matter with very specific procedures under Pennsylvania law.  I recommend consulting with a real estate attorney in your jurisdiction.  An attorney will further be able to determine if she is in fact a tenant with any legal claim to the property. ... Read More
Additional facts are needed to decide this issue. If the border is not a tenant, then you can file an action in ejectment to remove her from the... Read More

Can I be considered his domestic partner since we lived together, shared ownership of cars and other things?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
You cannot inherit from him unless he named you in his will or he named you as a beneficiary on a policy, annuity or other such asset. Or, if he created a joint account with you or you held title to real property with him.
You cannot inherit from him unless he named you in his will or he named you as a beneficiary on a policy, annuity or other such asset. Or, if he ... Read More

Will I be allowed to stay in my boyfriend's house if he dies?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Too little information to answer this. Is he on the deed? Is there a mortgage? Did he have mortgage insurance? Will there be an estate opened? Did he have a will? Generally, if this house is owned by him and in his name, his heirs will likely want to sell it. I would bring all of your information to an attorney.... Read More
Too little information to answer this. Is he on the deed? Is there a mortgage? Did he have mortgage insurance? Will there be an estate opened? Did... Read More

Am I entitled to half of my husband of 16 years inheritance?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Generally, an inheritance by one spouse is not marital property.
Generally, an inheritance by one spouse is not marital property.

Does that policy get put into the estate?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
My feeling is that the insurance company will only make it payable to the estate as there is no listed beneficiary. This will require opening an estate. With no will, heir familial heirs will inherit from her under the PA intestate statute. Sometimes an insurance company will release the money to those heirs if they sign an affidavit. I doubt if your father will inherit from the insurance policy.... Read More
My feeling is that the insurance company will only make it payable to the estate as there is no listed beneficiary. This will require opening an... Read More

Do I have control of money, any assets and last say over matters stated in the will if I have power of attorney?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
First Question: No, POA dies when the principle dies. Second Question: If sis stole things after mom died, she stole things from the estate. if she stole things before mom died, she stole from mom. In either case, call the police.
First Question: No, POA dies when the principle dies. Second Question: If sis stole things after mom died, she stole things from the estate. if she... Read More

What's my best way to transfer home title from myself to my daughter?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
By deed, it is the only way.
By deed, it is the only way.

Did I become joint owner of the motor vehicle at the time the letter of joint ownership was notarized?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
You cannot become joint owner of the vehicle unless your name appears on the title to it. The hand written letter which you feel gives you ownership when the owner dies, may only do so if it meets the requirements of a Last Will and Testament under state law. If by chance it does, but the car is subject to a lien from a lender, you would own it subject to the loan being paid off. You should review this document with an attorney.... Read More
You cannot become joint owner of the vehicle unless your name appears on the title to it. The hand written letter which you feel gives you ... Read More

How can the car be transferred to my friend's name?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
The POA has no legal effect once the grandmother died. Since the car is in a deceased person's name, it is part of the estate. The bank or financer should be notified right away. Your friend has no financial obligation or responsibility for this car at all. She can walk away from it. Often in these situations, the dead person's next of kin, just turn the car in or let the bank peacefully repossess it. If your friend want to buy it, the bank or lender may let her. It won't hurt to ask.... Read More
The POA has no legal effect once the grandmother died. Since the car is in a deceased person's name, it is part of the estate. The bank or financer... Read More

What, if anything can I do so that my son does not have to pay Inheritance tax on my homes?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
You really need to sit down with a lawyer and only make sure you give all of the facts to him or her. This is a decision that should be carefully made. Generally, the only way to avoid inheritance tax is to replace your name on the deed with his. If you put him on the deed with you it will reduce the amount you pay inheritance tax on by half, 175k. Again, get legal advice on this.... Read More
You really need to sit down with a lawyer and only make sure you give all of the facts to him or her. This is a decision that should be carefully... Read More

How come my live in boyfriend received $10,000 when my daughter was murdered?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
That is a weird one. I don't know. He may have had coverage under his homeowners. You may want to call the people who sent him the check, they may give you answers.
That is a weird one. I don't know. He may have had coverage under his homeowners. You may want to call the people who sent him the check, they may... Read More

Can my father legally take a $101,000 home equity mortgage against my father's house when he's not even on the deed?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Normally, person A cannot get a loan which encumbers person B's realty with a lien unless person B signed as a co-signer. You need to ask the bank. You can also look in your county's recorders office at the deed to see if there is a new one with your brother on it.
Normally, person A cannot get a loan which encumbers person B's realty with a lien unless person B signed as a co-signer. You need to ask the bank.... Read More

What do I need to do to add my husband's name to my deed which is paid off?

Answered 11 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
As long as mortgage company no longer cares, you just need to have an attorney prepare a new deed from you to you and your husband. I would seek the opinion of a family lawyer as you need to understand that you are now making your home marital property.
As long as mortgage company no longer cares, you just need to have an attorney prepare a new deed from you to you and your husband. I would seek... Read More

If the person who passed away has no will, how will his shares in stock be divided?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Unless the stock was titled in such a fashion that the shares transfer to an identified beneficiary, and they are tilted in the husband's name only, no will in place, the asset passes under state law (intestate law). My recollection is the first 30K goes to the wife and the remaining money is shared 50/50 between the wife and all children.... Read More
Unless the stock was titled in such a fashion that the shares transfer to an identified beneficiary, and they are tilted in the husband's name only,... Read More

When a parent dies with no living spouse, there are two children, who has the legal authority to finalize funeral arrangements?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
If you were to open an estate, the children would have the say and would either agree on which one is the Executor, agree that both are Co-Executors or fight it out in court. I think the funeral home wants the children to agree in such a way. If not, especially if there is a feud among children, the funeral home will not want to deal with you. For example if one child is demanding cremation for mom and one a traditional Christian burial with 3 day viewings, the funeral home may tell you to go to the next funeral home down the street. The business of dead people is a steady flow, and they want to avoid problems.... Read More
If you were to open an estate, the children would have the say and would either agree on which one is the Executor, agree that both are ... Read More

Is it legal to add a minor child (age 14) to the deed of your house?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
No, it is not. you might be able to if you create a trust for the child with a named trustee, to take title.
No, it is not. you might be able to if you create a trust for the child with a named trustee, to take title.

What is the best way to legally get my girlfriend on my deed after I go to closing. Property is in Pennsylvania

Answered 11 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
No one can answer this without more information. Normally, if you are paying cash, no one should care if you want to put your girlfriend on the deed unless they think it is stupid as you are giving a girl you are not even married to, ownership in your house, and they are trying to watch out for you. If this is not a cash deal, perhaps the lender does not want a stranger on the deed in the event that stranger gets a judgment against her which places a lien on your home which effects the mortgage and makes the property more difficult to sell if there is a foreclsure some day. Contact a real estate lawyer and pay for a consultation. ... Read More
No one can answer this without more information. Normally, if you are paying cash, no one should care if you want to put your girlfriend on the deed... Read More

Can a power of attorney change a beneficiary or close out an IRA?

Answered 11 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Estate Planning
Only if the Power of Attorney specifically authorizes the Agent to do this.
Only if the Power of Attorney specifically authorizes the Agent to do this.
Estate Planning
Pennsylvania

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