Pennsylvania Estate Planning Legal Questions

If the father is the only person on the mortgage, the estate of the father now bears the burden of paying the mortgage. No children are personally responsible. If you can't pay the mortgage off from the estate funds, you will need to sell the home, to satisfy the mortgage. It will be difficult for you and the estate to prove that the brother is really the one who is responsible for the mortgage.... Read More

If she deeds it now and lives one year before dying, no inheritance tax. If she keeps it in the will and the kids inherit it when she dies, the estate will owe inheritance tax. Because the heirs are children the tax rate is only 4.5% and the tax liability can even be lowered on the return with the use of deductions. There is no right or wrong way to go on this. Talk to a lawyer as there are pros and cons doing it either way.... Read More

If your father is currently incompetent he can't complete a new power of attorney. You would have to apply for a guardianship through the legal system, and depending on whether he has assets, the court can name someone. You need to discuss his situation with an elder care lawyer, especially if he doesn't have assets, or if he is in a nursing home. Some states require support of a parent by a child/children.... Read More

A power of attorney does not survive death. If you are a joint account holder you will likely still have access to the account. If your name is not on the account only a court-appinted administrator or executor can gain access to the account. The account should then be closed and an estate account opened. Hire a lawyer to advise, or check with your county's Register of Wills office for general information.... Read More

This is a general response and is not intended as legal advice. You should bring the power of attorney to a lawyer to review, both to determine its limitations and to determine if it was drafted in accordance with Pennsylvania law. Some powers of attorney are general and some are specific. As long as the person who signed the power of attorney is still lucid they can always revoke it up until the time they die. If they are not lucid, a guardianship procedure may have to be undertaken. There is a legal process available to determine if the power of attorney was abused, but part of the issue may be the company which permitted such action to be taken may have to be included in the process.... Read More