Pennsylvania Trusts Legal Questions

While an attorney is not mandatory to prepare a Power of Attorney or a Living Will, it is strongly recommended.  The expense easily survives the cost benefit analysis as both documents will assure your needs are met, if you are incapacitated.  Moreover, the POA can be used for day to day business, at your option. However, based on your comment that you want to be prepared for your death, neither document serves that purpose.  To the contrary, the POA and Living Will only provide assistance during your lifetime via an agent for the former and via health care providers for the latter. Perhaps you are seeking a Will.  If so, an attorney can advise you regarding the options and can properly prepare the documents so that your will, hence the name, will be carried out upon your death.  Both the Will and the POA must be notarized. I trust this answers your question, and if you live in the Delaware Valley, do not hesitate 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 More

If your sister only has Power of Attorney, as opposed to being appointed your guardian, you may revoke that power at any time, and I encourage you to do so immediately.  Additionally, if your sister did not act in your best interest, she may be liable for any damage she caused for breach of fiduciary duty.    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 More

There is no central database of bank accounts that you can search to see if there's an account in your name or your grandfather's name.  have you asked family members who might know the answer to this question?  have you checked the PA bureau of unclaimed property?  You might also send a request for information to the bank(s) where he typically held accounts to see if there's any account with your name.  If the account did not have your name on it at all, none of these suggestions will result in you getting the money though.  When he died, was an estate administration proceeding opened for him?  The personal representative of the estate could assist with this investigation or might know the answer already.  ... Read More

Did the decedent have a will that left items to your daughter?  In the absence of a will, your daughter would certainly be a beneficiary to some portion of his estate after payment of bills and administrative fees.  Has someone initiated a probate proceeding in the county where the decedent died?  If your daughter is under age 18, a guardian must be appointed by the court to hold any money she receives from estate until she reaches age 18.  That money can be used for her benefit before 18. ... Read More

You obtain a short certificate from your local Register of Wills.  They'll charge you a small fee.  you probably will need a few because you are typcially require to provide one to banks and other companies from whom you are seeking information about your Aunt's Estate.  you have all the normal questions that come with Estate admin.  I doubt anyone will be willing to walk you through the process step-by-step without compensation.  I'd suggest that you retain an attorney to assist you with the process.  There are important deadlines and requirements that must be met or you will cost the estate and beneficiaries substantial money and put yourself at risk.... Read More

Yes you should have access to the money by now.  On what basis does she refuse to give you the money?  Has she refused to give you information about the account?  There is certainly a court proceeding that will result in getting you information and the money.  Are you prepared to "sue" your mother?  That's a tough emotional choice. ... Read More

I don't practice in NY so take this for what it's worth.  In order to determine your rights, you must review the Trust document itself.  Does it give you the right to separate your share from your other siblings and perhaps have it managed separately but still in trust?  Does it give you the right to terminate the trust and for you to take distribution of your share?  No one can answer your question without reviewing the trust document.  What's the dispute?  Do you just need the money or is there mismanagement?  Mismanagement can be addressed w/o breaking the trust.  Maybe you can even replace the trustee -- most states read into the trust the ability of the beneficiaries to replace the trustee.  It's usually a tough battle unless you can get all other interested parties on board with a plan.... Read More

I think the first place to look for a process would be the bylaws of your organization.  You can probably ask for a meeting of your leadership to address the problem or even a meeting of the members to address the situation.  So look to your internal operating rules first.  You have a very limited right to file a cause of action on behalf of the church against the trustees. ... Read More

Planning with IRAs can be complicated for estate planning.  There are many reasons why you might want to have a marital deduction trust.  Usually its to avoid federal estate tax.  You'd have to have a huge IRA to have a federal estate tax issue.  If your IRA is not over $5 million (and yours would be the first I've ever seen if it is), you probably don't need a hard-set marital deduction trust in your estate plan for tax purposes.  Typically when faced with your situation, I would create a disclaimer trust in your will so that your wife can take stock of your assets and decide what she wants to retain and what makes sense to put into a disclaimer trust.  That way, you avoid any unnecessary tax issues involving the IRA.  I'd need to know a lot more about your assets in order to give you more specific advice. ... Read More

As co-executors you'll both have to sign off on most transactions involving the Estate.  Neither of you has power that different than the other.  I don't think the vehicles can be sold without your prior consent -- and especially not for less than fair value.  That might expose both of you to claims by the beneficiaries for waste or negligence.  So you might tell the attorney that you'll hold onto them until the vehicles are ready for sale or distribution in kind to the beneficiaries.... Read More

As a beneificary?  Follow the rules set forth in the trust, if any, about making a demand upon the trustee to perform.  If that fails, you would need to file a petition with the orphans court setting forth the terms of the trust, your rights, and why you areentitled to recovery.  Trust litigation can be complicated and the rules of procedure in Orphan's Court difficult to understand.  You will have your best chance of success if you retain experienced counsel to assist you.  The trust might even be required to pay your attorney fees.... Read More

I'm sorry to hear about this situation.  It's sadly something that we see all the time.  Your chances depend on a variety of factors.  How long ago did your father pass away and how long has it been since you've known about the change to his pension benefits?  If too much time has passed, you may have lost your opportunity to file a claim.  Did your father have a will or was there an estate administration proceeding opened following his death?  You'd have to open an estate in order to raise a claim against the current beneficiary becasue the money, if the transaction was undone the money would probably have to be paid to the estate and then distributed according to his will or, in the absence of a will, the law of intestate succession.  Finally it will be important to know all about his congnitive condition at the time of the pension change and whether the lady had a power of attorney over him.  Did she sign or did he sign?  Those details will be important to know and you may not be able to investigate them before opening an estate.  You should seek out an attorney who litigates in orhpan's court regularly.  If you're in the Pittsburgh region, I invite you to contact my law firm.... Read More

See if the PA Disciplinary Board has contact information for the attorney.  You can check online here:  http://www.padisciplinaryboard.org/look-up/pa-attorney-search.php.  Otherwise if the estate has been filed for probate, the records relating to the estate can probably be recreated and someone new can pick things up for you. ... Read More

Generally, if there property is located in a state that does not have state inheritance tax, the estate will not have to pay state inheritance tax. The property could be subject to federal inheritance tax if the property exceeds a certain value (I am not sure hat that is, it was over a million dollars a few years ago). So, if there is a house and a bank account, valued at 50k each located in lets say, Florida, which does not have inheritance, the estate does not pay inheritance tax on those assets. ... Read More

I cannot see the entire question here, but i am assuming you are asking if you avoid PA inheritance tax by transferring assets. The answer is yes, if the transfer is made more than 1 year prior to death. If the estate is large and subject to Federal death tax, the answer may be different. ... Read More

You need to get to the courthouse to be made administrator of your husband's estate.  I don't know that there's any way around it, although, I suppose someone else could do it, but then they would be the one who would be able to get access, not you.  If there is some medical reason that you can not get to the courthouse, perhaps, they can make special arrangements for you.  You should call the Register of Wills in the county where your husband died to get more information.... Read More