Pennsylvania Trusts Legal Questions

You likely can't.  If you have concerns regarding the way the estate is being handled, you can file something with the court to ask for them to look at what is going on.  You should consult with a PA attorney in the county where the estate was probated, who handles estate matters.  Many will hold phone consultations.... Read More

It is legal for the owner of the policy to change beneficiaries at any time during their life.  If someone else changes the beneficiary, they must have authority to do so, either through a Power of Attorney or court-appointed guardianship.  However, the court is wary of people who change it to benefit themselves, especially when done shortly before death or around the time a person becomes incapacitated.  It's something you should discuss with an attorney, as there are ways to reverse it, if certain circumstances are in play.... Read More

As your mother's agent, you are acting on her behalf.  This does not mean that her debt becomes yours.  You have a fiduciary responsibility to do what you can to stop the bleed.  You should consult with an attorney here and in Florida to know what the exact legal implications are.... Read More

Your attorney is referring to the $5 million exemption in the current "new" federal estate tax law, which also provides for "portability" where the second spouse to die can take advantage of the first spouse's exemption even if the assets are in his or her name.  However, aspects of this law including the $5 million exemption sunset in two years; also although I don't know the PA estate tax exemption, you might end up in a state that has a smaller exemption (for example NY has only a $1 million estate tax exemption).  You might want to ask your attorney to review your plan and consider two trusts or an AB trust in light of the possible change in the law and the various state estate tax exemptions. ... Read More