Will Contest Lawyers Devon Pa – Intro

A loved one’s legacy can ease the pain of loss by reminding heirs of a departed family member’s enduring love.

But when questions arise about the validity of a will or the management of estate assets, uncertainty can arouse animosity and prevent closure.

If you, as a beneficiary, suspect that a will does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court. Similarly, if you believe an executor, trustee or estate administrator is mismanaging estate assets, you have standing to raise that issue.

On the other hand, an executor or estate administrator is entitled to a vigorous defense against accusations of incompetence or unlawful conduct.

I provide highly professional representation for aggrieved beneficiaries and accused fiduciaries in estate disputes.

Will Contest Lawyers Devon Pa – Will Accepted?

When a will is offered for probate by the named executor, the will is presented to the Office of the Register of Wills in the county where the decedent last resided.

The Office of the Register of Wills determines whether the will is the will of the decedent and whether the basic requirements of a valid will are satisfied.  The will is reviewed to determine:

• whether it was signed by the decedent,
• whether witnesses have attested to the signing, and
• whether the person named as the Personal Representative or Executor is the person who is requesting the Letters Testamentary.

If the Register of Wills accepts the will as valid, the Register will issue Letters Testamentary (and Short Certificates) to the Personal Representative.  The Personal Representative will then administer the estate pursuant to the provisions of the will and Pennsylvania law.

Will Contest Lawyers Devon Pa – Time

Once the will has been successfully probated, the only way to challenge the will is by appealing the Register of Will’s decision to probate the will. Normally, you would have one year to file this appeal after the will is probated. However, once the will has been approved for probate, the court will presume the will is valid. This means that a higher burden of proof is required if the will contestant wants to prove the will is invalid. Additionally, because the court is giving preference to the will, the executor of the estate or any interested party may request that your time for an appeal be limited to three months. The executor of the estate may argue that allowing the contestant a year to appeal will negatively affect the value of the testator’s estate.

Will Contest Lawyers Devon Pa – Challenges

There are several bases for challenging a Pa Last Will. These include:

• Lack of capacity
  • This ground alleges that the testator was not of sound mind at the time the will or trust was executed. The testator must be 18 years of age and of “sound mind” to make a will.  If the testator is not 18 or if the testator is not of sound mind, then the will is not valid.  The term “sound mind” means that the testator had an intelligent knowledge regarding his natural objects of his bounty, of the property he or she possesses, and of what he desires to do with his or her estate, even though his or her memory has been impaired by age or disease.  
• Undue influence
  • Documents might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will. Undue influence occurs when a person who is in a confidential relationship with the testator receives a substantial benefit under a will from a testator who had a weakened intellect at or around the time the will was executed.  A confidential relationship is established when someone is in a close relationship with the testator and occupies a superior position over the testator whether it be intellectually, physically, or morally.  A weakened intellect need not rise to the level of lack of capacity.
• Fraud
  • This ground alleges the testator was deceived about the contents of the document at the time of execution. Fraud is a trick or some similar action that induces a person to dispose of his or her property contrary to his or her wishes, or in such a way as he or she would not do so but for the fraud.
• Forgery.
  • Forgery may be the unauthorized signing of a will by another, the fabrication of a dispositive scheme over the testator’s general signature, or the substitution of one page of a will with another. 
• Void for vagueness
  • This ground asserts that the terms of a will are open to conflicting interpretations and it is impossible to know which interpretation is correct. A challenger can prevent part or all of the will from being implemented.

Many probate disputes stem from suspicions that a particular individual took advantage of the declining health or dementia of the deceased to insinuate himself into the will to the detriment of the rightful heirs.

The court looks very harshly on this type of elder exploitation. However, it is important to note that disappointment is not grounds for an heir to challenge a will. All challenges must be supported by reliable evidence.

Will Contest Lawyers Devon Pa – Standing

 A person has legal standing if the person is aggrieved by a decree of the Register of Wills. 

In will contest cases, the issue of standing is usually satisfied if a person will receive less under the probated will as compared to a prior will or what the person would receive if there was no will at all.  If a person has no legal standing, then the person cannot bring a claim to contest a Will.

Will Contest Lawyers Devon Pa – Evidence

Lawyers with experience in will contest matters know that a successful outcome is contingent upon having the evidence to overcome the presumption that the will is valid and expresses the desires and intentions of the testator.  What makes these cases difficult is that the best witness, who is often the testator, is now deceased.  Without evidence, however, a case will fail.

The legal grounds in each case will dictate the type of evidence needed to prove a case. Evidence often comes from the following:

• Testimony from family members or friends with personal knowledge of the testator’s state of mind.  
• Testimony from family members or friends who were present when the will was signed by the testator
• Testimony from treating physicians
• Testimony from the person who drafted the will
• Medical records of the testator
• Expert testimony  

Will Contest Lawyers Devon Pa – Breach

The executor of a will or the administrator of an intestate estate is a fiduciary with a legal duty to manage estate assets according to the testator’s wishes and for the benefit of the beneficiaries. The fiduciary must perform at a professional standard so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge deliberate or negligent misconduct and demand a full accounting.

Will Contest Lawyers Devon Pa – Caveat

Many people hesitate to hire an attorney because they wish to keep a family dispute within the family. However, don’t Expect Success If You Handle Objections Yourself.

However, the court may treat your suspicions lightly if you raise them without a professional presentation and a firm basis in the law that an attorney can provide.

Moreover, a seasoned attorney who has been through such negotiations before is likely to produce a settlement that satisfies all parties and allows the proceedings to move forward at less cost to the estate.

Will Contest Lawyers Devon Pa – Conclusion

Contact an established trust and estate litigation lawyer in Pennsylvania. Conflicts among beneficiaries or between beneficiaries and fiduciaries can be very destructive without experienced and knowledgeable legal counsel.

John B. Whalen, Jr. Esq. provides capable representation for beneficiaries and fiduciaries throughout Pennsylvania. Call today or contact me to schedule a consultation.

Will Contest Lawyers Berwyn Pa – Intro

A loved one’s legacy can ease the pain of loss by reminding heirs of a departed family member’s enduring love.

But when questions arise about the validity of a will or the management of estate assets, uncertainty can arouse animosity and prevent closure.

If you, as a beneficiary, suspect that a will does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court. Similarly, if you believe an executor, trustee or estate administrator is mismanaging estate assets, you have standing to raise that issue.

On the other hand, an executor or estate administrator is entitled to a vigorous defense against accusations of incompetence or unlawful conduct.

I provide highly professional representation for aggrieved beneficiaries and accused fiduciaries in estate disputes.

Will Contest Lawyers Berwyn Pa – Will Accepted?

When a will is offered for probate by the named executor, the will is presented to the Office of the Register of Wills in the county where the decedent last resided.

The Office of the Register of Wills determines whether the will is the will of the decedent and whether the basic requirements of a valid will are satisfied.  The will is reviewed to determine:

• whether it was signed by the decedent,
• whether witnesses have attested to the signing, and
• whether the person named as the Personal Representative or Executor is the person who is requesting the Letters Testamentary.

If the Register of Wills accepts the will as valid, the Register will issue Letters Testamentary (and Short Certificates) to the Personal Representative.  The Personal Representative will then administer the estate pursuant to the provisions of the will and Pennsylvania law.

Will Contest Lawyers Berwyn Pa – Time

Once the will has been successfully probated, the only way to challenge the will is by appealing the Register of Will’s decision to probate the will. Normally, you would have one year to file this appeal after the will is probated. However, once the will has been approved for probate, the court will presume the will is valid. This means that a higher burden of proof is required if the will contestant wants to prove the will is invalid. Additionally, because the court is giving preference to the will, the executor of the estate or any interested party may request that your time for an appeal be limited to three months. The executor of the estate may argue that allowing the contestant a year to appeal will negatively affect the value of the testator’s estate.

Will Contest Lawyers Berwyn Pa – Challenges

There are several bases for challenging a Pa Last Will. These include:

• Lack of capacity
  • This ground alleges that the testator was not of sound mind at the time the will or trust was executed. The testator must be 18 years of age and of “sound mind” to make a will.  If the testator is not 18 or if the testator is not of sound mind, then the will is not valid.  The term “sound mind” means that the testator had an intelligent knowledge regarding his natural objects of his bounty, of the property he or she possesses, and of what he desires to do with his or her estate, even though his or her memory has been impaired by age or disease.  
• Undue influence
  • Documents might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will. Undue influence occurs when a person who is in a confidential relationship with the testator receives a substantial benefit under a will from a testator who had a weakened intellect at or around the time the will was executed.  A confidential relationship is established when someone is in a close relationship with the testator and occupies a superior position over the testator whether it be intellectually, physically, or morally.  A weakened intellect need not rise to the level of lack of capacity.
• Fraud
  • This ground alleges the testator was deceived about the contents of the document at the time of execution. Fraud is a trick or some similar action that induces a person to dispose of his or her property contrary to his or her wishes, or in such a way as he or she would not do so but for the fraud.
• Forgery.
  • Forgery may be the unauthorized signing of a will by another, the fabrication of a dispositive scheme over the testator’s general signature, or the substitution of one page of a will with another. 
• Void for vagueness
  • This ground asserts that the terms of a will are open to conflicting interpretations and it is impossible to know which interpretation is correct. A challenger can prevent part or all of the will from being implemented.

Many probate disputes stem from suspicions that a particular individual took advantage of the declining health or dementia of the deceased to insinuate himself into the will to the detriment of the rightful heirs.

The court looks very harshly on this type of elder exploitation. However, it is important to note that disappointment is not grounds for an heir to challenge a will. All challenges must be supported by reliable evidence.

Will Contest Lawyers Berwyn Pa – Standing

 A person has legal standing if the person is aggrieved by a decree of the Register of Wills. 

In will contest cases, the issue of standing is usually satisfied if a person will receive less under the probated will as compared to a prior will or what the person would receive if there was no will at all.  If a person has no legal standing, then the person cannot bring a claim to contest a Will.

Will Contest Lawyers Berwyn Pa – Evidence

Lawyers with experience in will contest matters know that a successful outcome is contingent upon having the evidence to overcome the presumption that the will is valid and expresses the desires and intentions of the testator.  What makes these cases difficult is that the best witness, who is often the testator, is now deceased.  Without evidence, however, a case will fail.

The legal grounds in each case will dictate the type of evidence needed to prove a case. Evidence often comes from the following:

• Testimony from family members or friends with personal knowledge of the testator’s state of mind.  
• Testimony from family members or friends who were present when the will was signed by the testator
• Testimony from treating physicians
• Testimony from the person who drafted the will
• Medical records of the testator
• Expert testimony  

Will Contest Lawyers Berwyn Pa – Breach

The executor of a will or the administrator of an intestate estate is a fiduciary with a legal duty to manage estate assets according to the testator’s wishes and for the benefit of the beneficiaries. The fiduciary must perform at a professional standard so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge deliberate or negligent misconduct and demand a full accounting.

Will Contest Lawyers Berwyn Pa – Caveat

Many people hesitate to hire an attorney because they wish to keep a family dispute within the family. However, don’t Expect Success If You Handle Objections Yourself.

However, the court may treat your suspicions lightly if you raise them without a professional presentation and a firm basis in the law that an attorney can provide.

Moreover, a seasoned attorney who has been through such negotiations before is likely to produce a settlement that satisfies all parties and allows the proceedings to move forward at less cost to the estate.

Will Contest Lawyers Berwyn Pa – Conclusion

Contact an established trust and estate litigation lawyer in Pennsylvania. Conflicts among beneficiaries or between beneficiaries and fiduciaries can be very destructive without experienced and knowledgeable legal counsel.

John B. Whalen, Jr. Esq. provides capable representation for beneficiaries and fiduciaries throughout Pennsylvania. Call today or contact me to schedule a consultation.

Will Contest Lawyers Ardmore Pa – Intro

A loved one’s legacy can ease the pain of loss by reminding heirs of a departed family member’s enduring love.

But when questions arise about the validity of a will or the management of estate assets, uncertainty can arouse animosity and prevent closure.

If you, as a beneficiary, suspect that a will does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court. Similarly, if you believe an executor, trustee or estate administrator is mismanaging estate assets, you have standing to raise that issue.

On the other hand, an executor or estate administrator is entitled to a vigorous defense against accusations of incompetence or unlawful conduct.

I provide highly professional representation for aggrieved beneficiaries and accused fiduciaries in estate disputes.

Will Contest Lawyers Ardmore Pa – Will Accepted?

When a will is offered for probate by the named executor, the will is presented to the Office of the Register of Wills in the county where the decedent last resided.

The Office of the Register of Wills determines whether the will is the will of the decedent and whether the basic requirements of a valid will are satisfied.  The will is reviewed to determine:

• whether it was signed by the decedent,
• whether witnesses have attested to the signing, and
• whether the person named as the Personal Representative or Executor is the person who is requesting the Letters Testamentary.

If the Register of Wills accepts the will as valid, the Register will issue Letters Testamentary (and Short Certificates) to the Personal Representative.  The Personal Representative will then administer the estate pursuant to the provisions of the will and Pennsylvania law.

Will Contest Lawyers Ardmore Pa – Time

Once the will has been successfully probated, the only way to challenge the will is by appealing the Register of Will’s decision to probate the will. Normally, you would have one year to file this appeal after the will is probated. However, once the will has been approved for probate, the court will presume the will is valid. This means that a higher burden of proof is required if the will contestant wants to prove the will is invalid. Additionally, because the court is giving preference to the will, the executor of the estate or any interested party may request that your time for an appeal be limited to three months. The executor of the estate may argue that allowing the contestant a year to appeal will negatively affect the value of the testator’s estate.

Will Contest Lawyers Ardmore Pa – Challenges

There are several bases for challenging a Pa Last Will. These include:

• Lack of capacity
  • This ground alleges that the testator was not of sound mind at the time the will or trust was executed. The testator must be 18 years of age and of “sound mind” to make a will.  If the testator is not 18 or if the testator is not of sound mind, then the will is not valid.  The term “sound mind” means that the testator had an intelligent knowledge regarding his natural objects of his bounty, of the property he or she possesses, and of what he desires to do with his or her estate, even though his or her memory has been impaired by age or disease.  
• Undue influence
  • Documents might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will. Undue influence occurs when a person who is in a confidential relationship with the testator receives a substantial benefit under a will from a testator who had a weakened intellect at or around the time the will was executed.  A confidential relationship is established when someone is in a close relationship with the testator and occupies a superior position over the testator whether it be intellectually, physically, or morally.  A weakened intellect need not rise to the level of lack of capacity.
• Fraud
  • This ground alleges the testator was deceived about the contents of the document at the time of execution. Fraud is a trick or some similar action that induces a person to dispose of his or her property contrary to his or her wishes, or in such a way as he or she would not do so but for the fraud.
• Forgery.
  • Forgery may be the unauthorized signing of a will by another, the fabrication of a dispositive scheme over the testator’s general signature, or the substitution of one page of a will with another. 
• Void for vagueness
  • This ground asserts that the terms of a will are open to conflicting interpretations and it is impossible to know which interpretation is correct. A challenger can prevent part or all of the will from being implemented.

Many probate disputes stem from suspicions that a particular individual took advantage of the declining health or dementia of the deceased to insinuate himself into the will to the detriment of the rightful heirs.

The court looks very harshly on this type of elder exploitation. However, it is important to note that disappointment is not grounds for an heir to challenge a will. All challenges must be supported by reliable evidence.

Will Contest Lawyers Ardmore Pa – Standing

 A person has legal standing if the person is aggrieved by a decree of the Register of Wills. 

In will contest cases, the issue of standing is usually satisfied if a person will receive less under the probated will as compared to a prior will or what the person would receive if there was no will at all.  If a person has no legal standing, then the person cannot bring a claim to contest a Will.

Will Contest Lawyers Ardmore Pa – Evidence

Lawyers with experience in will contest matters know that a successful outcome is contingent upon having the evidence to overcome the presumption that the will is valid and expresses the desires and intentions of the testator.  What makes these cases difficult is that the best witness, who is often the testator, is now deceased.  Without evidence, however, a case will fail.

The legal grounds in each case will dictate the type of evidence needed to prove a case. Evidence often comes from the following:

• Testimony from family members or friends with personal knowledge of the testator’s state of mind.  
• Testimony from family members or friends who were present when the will was signed by the testator
• Testimony from treating physicians
• Testimony from the person who drafted the will
• Medical records of the testator
• Expert testimony  

Will Contest Lawyers Ardmore Pa – Breach

The executor of a will or the administrator of an intestate estate is a fiduciary with a legal duty to manage estate assets according to the testator’s wishes and for the benefit of the beneficiaries. The fiduciary must perform at a professional standard so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge deliberate or negligent misconduct and demand a full accounting.

Will Contest Lawyers Ardmore Pa – Caveat

Many people hesitate to hire an attorney because they wish to keep a family dispute within the family. However, don’t Expect Success If You Handle Objections Yourself.

However, the court may treat your suspicions lightly if you raise them without a professional presentation and a firm basis in the law that an attorney can provide.

Moreover, a seasoned attorney who has been through such negotiations before is likely to produce a settlement that satisfies all parties and allows the proceedings to move forward at less cost to the estate.

Will Contest Lawyers Ardmore Pa – Conclusion

Contact an established trust and estate litigation lawyer in Pennsylvania. Conflicts among beneficiaries or between beneficiaries and fiduciaries can be very destructive without experienced and knowledgeable legal counsel.

John B. Whalen, Jr. Esq. provides capable representation for beneficiaries and fiduciaries throughout Pennsylvania. Call today or contact me to schedule a consultation.

Estate Attorneys Carbondale Pa – Intro

The Pennsylvania Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.

The first step (and one of the most important ones) in the process of settling an estate is getting organized. You’ll want to keep track of both your expenses and all the time you spend working on settling the estate, as you’re entitled to be compensated. 

You should look for a Will. You’ll need access to several certified copies of the death certificate. You must notify financial institutions, including the bank, credit card companies and any investment firms. Be sure to inform the Social Security Administration, and know that you’ll need the deceased’s social security number to do so. Try to find a copy of the most current tax return, a birth certificate and any other important documentation. 

There are other, practical things to do, too. If you didn’t live with the deceased and there is now an empty property, you should secure it by changing the locks. You’ll want to take a detailed inventory of all his or her belongings. We’ll go more into detail about this below below, but you’re going to need to open a estate checking account. This will be in the estate’s name – you’ll be paying for things like final bills, court costs, potential lawyer’s fees and more from this account. 

Once you have these basic documents and tasks done, you should make one master list of contacts that includes all business associates and colleagues, anyone named in the Will, neighbors, friends, relatives and others.

You may or may not need a lawyer. If an attorney is needed due to dispute, complexity or just for peace of mind, it’s important to remember that the process can become drastically more costly once attorneys are involved. To mitigate some of the cost, some opt to just hire an attorney to coach them along the way.

It was thought – in the past – that only the very wealthy had what’s known as “an estate.” The truth is, however, that even if you don’t have a 6 figure savings account or own a mansion, you likely do have an estate you’ll one day leave behind. And when that time comes, whether you’ve prepared for it or not, your estate will need to be settled. 

1. Estate Attorneys Carbondale Pa – Definitions

In United States law and terminology, “probate” refers to proving that a will is valid. In many U.S. states, a person would petition the court for probate, and then add the will that is to be considered to their petition.

Once probate is approved by the court, the petitioner officially becomes the Executor and then has full legal rights to be able to deal with the deceased individual’s estate.

2. Estate Attorneys Carbondale Pa – Misunderstandings

Although some states do have onerous Probate procedures (where “avoiding probate” may be a prudent strategy), Pennsylvania is not one of those states, In fact, Pennsylvania is very “Probate-Friendly.”

The most common misconception that surrounds a Pa Last Will is the process called “Probate” and the seemingly universal theme that it should be avoided at all costs. Again, and virtually to the contrary, the word “Probate” is merely based on the Latin infinitive verb that means “to prove.” Nothing more!

Estate Attorneys Carbondale Pa – Register of Wills

1. Estate Attorneys Carbondale Pa – Documents

You will need the following documents:

• Original Will
• Original Death Certificate
• Petition For Probate
• Estate Information Sheet
• Probate Fee

At the Register of Wills Office, the PA Executor will take an oath and be sworn in as the Executor to the estate. Furthermore, the executor will pay probate fees. These fees depend on the size of the PA Estate.

2. Estate Attorneys Carbondale Pa – Location

• Register of Wills Carbondale Pa
• 123 Wyoming Ave
• Scranton, PA 18503
• Monday thru Friday 9:00 am to 4:00 pm
• (570) 963-6702

3. Estate Attorneys Carbondale Pa – Short Certificates

A Short Certificate is a legal document that shows the decedent’s name and date of death. It will also show the name of the Executor/Executrix who has been named to handle the affairs of the estate.

• Letters Testamentary (if the decedent had a Pa Last Will; or
• Letters of Administration (if the decedent did not have a Pa Last Will

Having a Short Certificate indicates that one has been appointed by the Register of Wills and has been issued.

Estate Attorneys Carbondale Pa – Executor Duties

To complete the process of settling an estate, I guide individuals throughout Pennsylvania through the Probate and Estate Administration with confidence and efficiency.

1. Estate Attorneys Carbondale Pa – Initial

• Posting bond (if required)
• Filing the Last Will with the appropriate probate court
• Locating beneficiaries
• Finding and assembling assets
• Transferring assets from the deceased to the estate
• Hiring valuation, genealogy or other experts, when appropriate
• Paying creditors and claimants
• Collecting amounts owed to the estate
• Paying current and delinquent taxes as well as estate taxes
• Distributing property to beneficiaries

Executors can easily make mistakes due to inexperience, stress and hasty decisions. This can be costly, as executors can be held personally liable for beneficiaries’ losses. I guide Pa Executors through every step of the probate process, with reliable, detailed advice, so you can settle the testator’s estate as efficiently, quickly and easily as possible.

If there is a Will, it must be filed in the Register of Wills. The beneficiaries need to be notified. If there is a Trust, any successor trustees should also be informed. Other people to notify include: creditors/banks, the post office, the utility companies and any other business the deceased had accounts with. 

A smaller detail, but one that will ultimately need to be handled, includes canceling any subscriptions and notifying any agencies that were offering the deceased benefits (i.e. pension plans, etc). The last thing you want to have to be dealing with is returning payments that the estate was not entitled to. 

The Pa Estate Settlement process can be long, and it’s often confusing. However, a solid checklist, can show that it’s not as complicated as you first thought. A timeline that details what to expect and when to expect it, you may find it’s actually not as complicated as you first thought.

Especially if you’ve been named as the Pa Executor, you need to understand the estate settling process. This will ensure that the estate is settled properly. This will help to show that all heirs receive their share of the estate. Use the following checklist to feel confident you’ve done everything you need, in this order, to properly settle an estate.

2. Estate Attorneys Carbondale Pa – Inventory & Assets

Take inventory of all assets to see what needs to be distributed. You may want to have high value assets appraised. This will determine whether or not the Estate will owe any taxes. Remember that, as executor, it’s your responsibility to take care of the assets.

3. Estate Attorneys Carbondale Pa – Estate Bank Account  

After you have what’s known as the Letters Testamentary (or Letters of Administration), you’ll want to set up an estate bank account. Use this account to collect money that may be owed to the deceased person. You can (and should) use this money to pay off any debts, and expenses.

Estate Attorneys Carbondale Pa – Taxes

1. Estate Attorneys Carbondale Pa – Taxes Intro

File any necessary tax returns and ensure taxes are paid. You may need to file the following:

• Federal Estate Tax (Form 706)
• Pa Inheritance Tax (Form Rev 1500)
• Gift and Generation-Skipping Transfer Tax (Form 709)
• Estate and Income Tax (Form 1041)
• Final Individual Income Taxes (Form 1040)

The Philadelphia Pa Inheritance tax is imposed as a percentage of the value of a decedent’s estate transferred to beneficiaries by will, heirs by intestacy and transferees by operation of law. The tax rate varies depending on the relationship of the heir to the decedent.

The Pennsylvania inheritance tax taxes assets owned by the decedent at the time of his or her death. Unlike the federal estate tax, there is no minimum dollar amount for the estate to be taxed; all estates of any value are subject to taxation. The inheritance tax return is due within nine months of the death of the decedent.

2. Estate Attorneys Carbondale Pa – Intro

The Philadelphia PA Inheritance tax is imposed as a percentage of the value of a decedent’s estate transferred to beneficiaries by will, heirs by intestacy and transferees by operation of law.

The tax rate varies depending on the relationship of the heir to the decedent.

The Pennsylvania inheritance tax taxes assets owned by the decedent at the time of his or her death. Unlike the federal estate tax, there is no minimum dollar amount for the estate to be taxed; all estates of any value are subject to taxation. The inheritance tax return is due within nine months of the death of the decedent.

3. Estate Attorneys Carbondale Pa – Rates

The rates for Pennsylvania inheritance tax are as follows:

1. 00.00 percent on transfers to a surviving spouse or to a parent from a child aged 21 or younger;
2. 04.50 percent on transfers to direct descendants and lineal heirs;
3. 12.00 percent on transfers to siblings; and
4. 15.00 percent on transfers to other heirs, except charitable organizations, exempt institutions and government entities exempt from tax.

4. Estate Attorneys Carbondale Pa – Due

Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual’s death. If it is paid within three (3) months of the decedent’s death, a 5 percent discount is granted to the Estate.

In Pennsylvania, the inheritance tax must be paid within nine months of the time of the decedent’s death. If it is not paid within that period of time, the Pennsylvania Department of Revenue may assess penalties and interest.

5. Estate Attorneys Carbondale Pa – Expenses

Frequently, in our practice, we are confronted with many misconceptions concerning Pennsylvania inheritance tax. The Pennsylvania inheritance tax is a tax on property at the time of someone’s death and is imposed upon the transfer of that property. One common misconception is that spouses have to pay inheritance tax on property that they obtain from their deceased mate. Although that was the case in the past, it is not longer, having been abolished in 1994.

From the value of these resources, we are permitted to deduct certain expenses to arrive at a net valuation for the estate. These expenses include:

• the cost of the funeral,
• the debts of the decedent (including mortgage loans, credit cards, home equity loans, etc.),
• the expenses of the last illness,
• all fees that are paid to the Register of Wills Office; and
• the legal fees for processing the estate, and miscellaneous expenses and fees.

Many people do not realize that there are certain types of assets that are exempt from the Pa Inheritance Tax.

• As an example, life insurance proceeds which are paid directly to a beneficiary or are paid to the estate of the decedent are exempt.
• an IRA account held in the decedent’s name, if the decedent had not reached the age of 59 ½, is also exempt.

Sometimes, jointly held property is ignored for tax purposes at the time of death. For example, where a decedent owns a bank account which is titled in the decedent’s name and, let us say, two of his children’s names, the decedent’s one-third interest would be taxed at a rate of 4.5%.

However, if that account was established using only the decedent’s funds, and the decedent dies within one year, then the whole value of the account is taxed, not just a portion of it.

If payment is made within 90 days of the date of death, the department discounts the amount by 5%.

Estate Attorneys Carbondale Pa – Debts

Even though the person who borrowed the debt is no longer living, their debts will still need to be paid off. Luckily, the estate (and not you personally) will pay the debts, so you don’t have to worry about anything other than figuring out what debts are owed to which companies.

Read more about what happens to debt after you die for additional, more detailed information about how to navigate this portion of the estate settlement. 

Estate Attorneys Carbondale Pa – Close

After debts and taxes are paid, and if probate is closed (if the estate needed to go through the probate process), then you can distribute assets according to the deceased party’s final wishes. 

Once all the above steps have been thoroughly completed, you can finally file a petition for discharge of executor responsibilities and ask the court to formally close the estate.

Estate Attorneys Carbondale Pa – Conclusion

I provide reliable guidance for Pa Testators and Pa Executors. My experience in the probate court, resolving issues related to the validity of wills, enables me to provide practical advice for testators from all walks of life. Similarly, my work in the formation of wills gives us keen insight into how executors should interpret various aspects of a will that may initially seem unclear.

Whether you are a testator formulating an estate plan or an executor implementing a decedent’s wishes, I can simplify many complex aspects of the tasks before you. I offer pertinent and personal legal advice to obtain the results you need in a timely manner with the least stress possible.

Related Posts

• Scranton Pa Short Certificates
• Erie Pa Short Certificates
• Allentown Pa Short Certificates
• Pittsburgh Pa Short Certificates
• Philadelphia Pa Short Certificates

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.

He is featured on Avvo, Justia, Lawyers, LinkedIn, Martindale, Nolo, Quora, and Thumbtack. He is located at 8 Longwood Drive, Ardmore, Pa, 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.

Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

Estate Attorneys Honesdale Pa – Intro

The Pennsylvania Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.

The first step (and one of the most important ones) in the process of settling an estate is getting organized. You’ll want to keep track of both your expenses and all the time you spend working on settling the estate, as you’re entitled to be compensated. 

You should look for a Will. You’ll need access to several certified copies of the death certificate. You must notify financial institutions, including the bank, credit card companies and any investment firms. Be sure to inform the Social Security Administration, and know that you’ll need the deceased’s social security number to do so. Try to find a copy of the most current tax return, a birth certificate and any other important documentation. 

There are other, practical things to do, too. If you didn’t live with the deceased and there is now an empty property, you should secure it by changing the locks. You’ll want to take a detailed inventory of all his or her belongings. We’ll go more into detail about this below below, but you’re going to need to open a estate checking account. This will be in the estate’s name – you’ll be paying for things like final bills, court costs, potential lawyer’s fees and more from this account. 

Once you have these basic documents and tasks done, you should make one master list of contacts that includes all business associates and colleagues, anyone named in the Will, neighbors, friends, relatives and others.

You may or may not need a lawyer. If an attorney is needed due to dispute, complexity or just for peace of mind, it’s important to remember that the process can become drastically more costly once attorneys are involved. To mitigate some of the cost, some opt to just hire an attorney to coach them along the way.

It was thought – in the past – that only the very wealthy had what’s known as “an estate.” The truth is, however, that even if you don’t have a 6 figure savings account or own a mansion, you likely do have an estate you’ll one day leave behind. And when that time comes, whether you’ve prepared for it or not, your estate will need to be settled. 

1. Estate Attorneys Honesdale Pa – Definitions

In United States law and terminology, “probate” refers to proving that a will is valid. In many U.S. states, a person would petition the court for probate, and then add the will that is to be considered to their petition.

Once probate is approved by the court, the petitioner officially becomes the Executor and then has full legal rights to be able to deal with the deceased individual’s estate.

2. Estate Attorneys Honesdale Pa – Misunderstandings

Although some states do have onerous Probate procedures (where “avoiding probate” may be a prudent strategy), Pennsylvania is not one of those states, In fact, Pennsylvania is very “Probate-Friendly.”

The most common misconception that surrounds a Pa Last Will is the process called “Probate” and the seemingly universal theme that it should be avoided at all costs. Again, and virtually to the contrary, the word “Probate” is merely based on the Latin infinitive verb that means “to prove.” Nothing more!

Estate Attorneys Honesdale Pa – Register of Wills

1. Estate Attorneys Honesdale Pa – Documents

You will need the following documents:

• Original Will
• Original Death Certificate
• Petition For Probate
• Estate Information Sheet
• Probate Fee

At the Register of Wills Office, the PA Executor will take an oath and be sworn in as the Executor to the estate. Furthermore, the executor will pay probate fees. These fees depend on the size of the PA Estate.

2. Estate Attorneys Honesdale Pa – Location

• Register of Wills Honesdale Pa
• 925 Court Street
• Honesdale, PA 18431
• Monday thru Friday 8:30 am to 4:30 pm
• 570-253-5970

3. Estate Attorneys Honesdale Pa – Short Certificates

A Short Certificate is a legal document that shows the decedent’s name and date of death. It will also show the name of the Executor/Executrix who has been named to handle the affairs of the estate.

• Letters Testamentary (if the decedent had a Pa Last Will; or
• Letters of Administration (if the decedent did not have a Pa Last Will

Having a Short Certificate indicates that one has been appointed by the Register of Wills and has been issued.

Estate Attorneys Honesdale Pa – Executor Duties

To complete the process of settling an estate, I guide individuals throughout Pennsylvania through the Probate and Estate Administration with confidence and efficiency.

1. Estate Attorneys Honesdale Pa – Initial

• Posting bond (if required)
• Filing the Last Will with the appropriate probate court
• Locating beneficiaries
• Finding and assembling assets
• Transferring assets from the deceased to the estate
• Hiring valuation, genealogy or other experts, when appropriate
• Paying creditors and claimants
• Collecting amounts owed to the estate
• Paying current and delinquent taxes as well as estate taxes
• Distributing property to beneficiaries

Executors can easily make mistakes due to inexperience, stress and hasty decisions. This can be costly, as executors can be held personally liable for beneficiaries’ losses. I guide Pa Executors through every step of the probate process, with reliable, detailed advice, so you can settle the testator’s estate as efficiently, quickly and easily as possible.

If there is a Will, it must be filed in the Register of Wills. The beneficiaries need to be notified. If there is a Trust, any successor trustees should also be informed. Other people to notify include: creditors/banks, the post office, the utility companies and any other business the deceased had accounts with. 

A smaller detail, but one that will ultimately need to be handled, includes canceling any subscriptions and notifying any agencies that were offering the deceased benefits (i.e. pension plans, etc). The last thing you want to have to be dealing with is returning payments that the estate was not entitled to. 

The Pa Estate Settlement process can be long, and it’s often confusing. However, a solid checklist, can show that it’s not as complicated as you first thought. A timeline that details what to expect and when to expect it, you may find it’s actually not as complicated as you first thought.

Especially if you’ve been named as the Pa Executor, you need to understand the estate settling process. This will ensure that the estate is settled properly. This will help to show that all heirs receive their share of the estate. Use the following checklist to feel confident you’ve done everything you need, in this order, to properly settle an estate.

2. Estate Attorneys Honesdale Pa – Inventory & Assets

Take inventory of all assets to see what needs to be distributed. You may want to have high value assets appraised. This will determine whether or not the Estate will owe any taxes. Remember that, as executor, it’s your responsibility to take care of the assets.

3. Estate Attorneys Honesdale Pa – Estate Bank Account  

After you have what’s known as the Letters Testamentary (or Letters of Administration), you’ll want to set up an estate bank account. Use this account to collect money that may be owed to the deceased person. You can (and should) use this money to pay off any debts, and expenses.

Estate Attorneys Honesdale Pa – Taxes

1. Estate Attorneys Honesdale Pa – Taxes Intro

File any necessary tax returns and ensure taxes are paid. You may need to file the following:

• Federal Estate Tax (Form 706)
• Pa Inheritance Tax (Form Rev 1500)
• Gift and Generation-Skipping Transfer Tax (Form 709)
• Estate and Income Tax (Form 1041)
• Final Individual Income Taxes (Form 1040)

The Philadelphia Pa Inheritance tax is imposed as a percentage of the value of a decedent’s estate transferred to beneficiaries by will, heirs by intestacy and transferees by operation of law. The tax rate varies depending on the relationship of the heir to the decedent.

The Pennsylvania inheritance tax taxes assets owned by the decedent at the time of his or her death. Unlike the federal estate tax, there is no minimum dollar amount for the estate to be taxed; all estates of any value are subject to taxation. The inheritance tax return is due within nine months of the death of the decedent.

2. Estate Attorneys Honesdale Pa – Intro

The Philadelphia PA Inheritance tax is imposed as a percentage of the value of a decedent’s estate transferred to beneficiaries by will, heirs by intestacy and transferees by operation of law.

The tax rate varies depending on the relationship of the heir to the decedent.

The Pennsylvania inheritance tax taxes assets owned by the decedent at the time of his or her death. Unlike the federal estate tax, there is no minimum dollar amount for the estate to be taxed; all estates of any value are subject to taxation. The inheritance tax return is due within nine months of the death of the decedent.

3. Estate Attorneys Honesdale Pa – Rates

The rates for Pennsylvania inheritance tax are as follows:

1. 00.00 percent on transfers to a surviving spouse or to a parent from a child aged 21 or younger;
2. 04.50 percent on transfers to direct descendants and lineal heirs;
3. 12.00 percent on transfers to siblings; and
4. 15.00 percent on transfers to other heirs, except charitable organizations, exempt institutions and government entities exempt from tax.

4. Estate Attorneys Honesdale Pa – Due

Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual’s death. If it is paid within three (3) months of the decedent’s death, a 5 percent discount is granted to the Estate.

In Pennsylvania, the inheritance tax must be paid within nine months of the time of the decedent’s death. If it is not paid within that period of time, the Pennsylvania Department of Revenue may assess penalties and interest.

5. Estate Attorneys Honesdale Pa – Expenses

Frequently, in our practice, we are confronted with many misconceptions concerning Pennsylvania inheritance tax. The Pennsylvania inheritance tax is a tax on property at the time of someone’s death and is imposed upon the transfer of that property. One common misconception is that spouses have to pay inheritance tax on property that they obtain from their deceased mate. Although that was the case in the past, it is not longer, having been abolished in 1994.

From the value of these resources, we are permitted to deduct certain expenses to arrive at a net valuation for the estate. These expenses include:

• the cost of the funeral,
• the debts of the decedent (including mortgage loans, credit cards, home equity loans, etc.),
• the expenses of the last illness,
• all fees that are paid to the Register of Wills Office; and
• the legal fees for processing the estate, and miscellaneous expenses and fees.

Many people do not realize that there are certain types of assets that are exempt from the Pa Inheritance Tax.

• As an example, life insurance proceeds which are paid directly to a beneficiary or are paid to the estate of the decedent are exempt.
• an IRA account held in the decedent’s name, if the decedent had not reached the age of 59 ½, is also exempt.

Sometimes, jointly held property is ignored for tax purposes at the time of death. For example, where a decedent owns a bank account which is titled in the decedent’s name and, let us say, two of his children’s names, the decedent’s one-third interest would be taxed at a rate of 4.5%.

However, if that account was established using only the decedent’s funds, and the decedent dies within one year, then the whole value of the account is taxed, not just a portion of it.

If payment is made within 90 days of the date of death, the department discounts the amount by 5%.

Estate Attorneys Honesdale Pa – Debts

Even though the person who borrowed the debt is no longer living, their debts will still need to be paid off. Luckily, the estate (and not you personally) will pay the debts, so you don’t have to worry about anything other than figuring out what debts are owed to which companies.

Read more about what happens to debt after you die for additional, more detailed information about how to navigate this portion of the estate settlement. 

Estate Attorneys Honesdale Pa – Close

After debts and taxes are paid, and if probate is closed (if the estate needed to go through the probate process), then you can distribute assets according to the deceased party’s final wishes. 

Once all the above steps have been thoroughly completed, you can finally file a petition for discharge of executor responsibilities and ask the court to formally close the estate.

Estate Attorneys Honesdale Pa – Conclusion

I provide reliable guidance for Pa Testators and Pa Executors. My experience in the probate court, resolving issues related to the validity of wills, enables me to provide practical advice for testators from all walks of life. Similarly, my work in the formation of wills gives us keen insight into how executors should interpret various aspects of a will that may initially seem unclear.

Whether you are a testator formulating an estate plan or an executor implementing a decedent’s wishes, I can simplify many complex aspects of the tasks before you. I offer pertinent and personal legal advice to obtain the results you need in a timely manner with the least stress possible.

Related Posts

• Scranton Pa Short Certificates
• Erie Pa Short Certificates
• Allentown Pa Short Certificates
• Pittsburgh Pa Short Certificates
• Philadelphia Pa Short Certificates

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.

He is featured on Avvo, Justia, Lawyers, LinkedIn, Martindale, Nolo, Quora, and Thumbtack. He is located at 8 Longwood Drive, Ardmore, Pa, 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.

Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

Estate Attorneys Lebanon Pa – Intro

The Pennsylvania Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.

The first step (and one of the most important ones) in the process of settling an estate is getting organized. You’ll want to keep track of both your expenses and all the time you spend working on settling the estate, as you’re entitled to be compensated. 

You should look for a Will. You’ll need access to several certified copies of the death certificate. You must notify financial institutions, including the bank, credit card companies and any investment firms. Be sure to inform the Social Security Administration, and know that you’ll need the deceased’s social security number to do so. Try to find a copy of the most current tax return, a birth certificate and any other important documentation. 

There are other, practical things to do, too. If you didn’t live with the deceased and there is now an empty property, you should secure it by changing the locks. You’ll want to take a detailed inventory of all his or her belongings. We’ll go more into detail about this below below, but you’re going to need to open a estate checking account. This will be in the estate’s name – you’ll be paying for things like final bills, court costs, potential lawyer’s fees and more from this account. 

Once you have these basic documents and tasks done, you should make one master list of contacts that includes all business associates and colleagues, anyone named in the Will, neighbors, friends, relatives and others.

You may or may not need a lawyer. If an attorney is needed due to dispute, complexity or just for peace of mind, it’s important to remember that the process can become drastically more costly once attorneys are involved. To mitigate some of the cost, some opt to just hire an attorney to coach them along the way.

It was thought – in the past – that only the very wealthy had what’s known as “an estate.” The truth is, however, that even if you don’t have a 6 figure savings account or own a mansion, you likely do have an estate you’ll one day leave behind. And when that time comes, whether you’ve prepared for it or not, your estate will need to be settled. 

1. Estate Attorneys Lebanon Pa – Definitions

In United States law and terminology, “probate” refers to proving that a will is valid. In many U.S. states, a person would petition the court for probate, and then add the will that is to be considered to their petition.

Once probate is approved by the court, the petitioner officially becomes the Executor and then has full legal rights to be able to deal with the deceased individual’s estate.

2. Estate Attorneys Lebanon Pa – Misunderstandings

Although some states do have onerous Probate procedures (where “avoiding probate” may be a prudent strategy), Pennsylvania is not one of those states, In fact, Pennsylvania is very “Probate-Friendly.”

The most common misconception that surrounds a Pa Last Will is the process called “Probate” and the seemingly universal theme that it should be avoided at all costs. Again, and virtually to the contrary, the word “Probate” is merely based on the Latin infinitive verb that means “to prove.” Nothing more!

Estate Attorneys Lebanon Pa – Register of Wills

1. Estate Attorneys Lebanon Pa – Documents

You will need the following documents:

• Original Will
• Original Death Certificate
• Petition For Probate
• Estate Information Sheet
• Probate Fee

At the Register of Wills Office, the PA Executor will take an oath and be sworn in as the Executor to the estate. Furthermore, the executor will pay probate fees. These fees depend on the size of the PA Estate.

2. Estate Attorneys Lebanon Pa – Location

• Register of Wills Lebanon Pa
• 400 S 8th St
• Lebanon, PA 17042
• Monday thru Friday 8:30 am to 4:30 pm
• (717) 228-4414

3. Estate Attorneys Lebanon Pa – Short Certificates

A Short Certificate is a legal document that shows the decedent’s name and date of death. It will also show the name of the Executor/Executrix who has been named to handle the affairs of the estate.

• Letters Testamentary (if the decedent had a Pa Last Will; or
• Letters of Administration (if the decedent did not have a Pa Last Will

Having a Short Certificate indicates that one has been appointed by the Register of Wills and has been issued.

Estate Attorneys Lebanon Pa – Executor Duties

To complete the process of settling an estate, I guide individuals throughout Pennsylvania through the Probate and Estate Administration with confidence and efficiency.

1. Estate Attorneys Lebanon Pa – Initial

• Posting bond (if required)
• Filing the Last Will with the appropriate probate court
• Locating beneficiaries
• Finding and assembling assets
• Transferring assets from the deceased to the estate
• Hiring valuation, genealogy or other experts, when appropriate
• Paying creditors and claimants
• Collecting amounts owed to the estate
• Paying current and delinquent taxes as well as estate taxes
• Distributing property to beneficiaries

Executors can easily make mistakes due to inexperience, stress and hasty decisions. This can be costly, as executors can be held personally liable for beneficiaries’ losses. I guide Pa Executors through every step of the probate process, with reliable, detailed advice, so you can settle the testator’s estate as efficiently, quickly and easily as possible.

If there is a Will, it must be filed in the Register of Wills. The beneficiaries need to be notified. If there is a Trust, any successor trustees should also be informed. Other people to notify include: creditors/banks, the post office, the utility companies and any other business the deceased had accounts with. 

A smaller detail, but one that will ultimately need to be handled, includes canceling any subscriptions and notifying any agencies that were offering the deceased benefits (i.e. pension plans, etc). The last thing you want to have to be dealing with is returning payments that the estate was not entitled to. 

The Pa Estate Settlement process can be long, and it’s often confusing. However, a solid checklist, can show that it’s not as complicated as you first thought. A timeline that details what to expect and when to expect it, you may find it’s actually not as complicated as you first thought.

Especially if you’ve been named as the Pa Executor, you need to understand the estate settling process. This will ensure that the estate is settled properly. This will help to show that all heirs receive their share of the estate. Use the following checklist to feel confident you’ve done everything you need, in this order, to properly settle an estate.

2. Estate Attorneys Lebanon Pa – Inventory & Assets

Take inventory of all assets to see what needs to be distributed. You may want to have high value assets appraised. This will determine whether or not the Estate will owe any taxes. Remember that, as executor, it’s your responsibility to take care of the assets.

3. Estate Attorneys Lebanon Pa – Estate Bank Account  

After you have what’s known as the Letters Testamentary (or Letters of Administration), you’ll want to set up an estate bank account. Use this account to collect money that may be owed to the deceased person. You can (and should) use this money to pay off any debts, and expenses.

Estate Attorneys Lebanon Pa – Taxes

1. Estate Attorneys Lebanon Pa – Taxes Intro

File any necessary tax returns and ensure taxes are paid. You may need to file the following:

• Federal Estate Tax (Form 706)
• Pa Inheritance Tax (Form Rev 1500)
• Gift and Generation-Skipping Transfer Tax (Form 709)
• Estate and Income Tax (Form 1041)
• Final Individual Income Taxes (Form 1040)

The Philadelphia Pa Inheritance tax is imposed as a percentage of the value of a decedent’s estate transferred to beneficiaries by will, heirs by intestacy and transferees by operation of law. The tax rate varies depending on the relationship of the heir to the decedent.

The Pennsylvania inheritance tax taxes assets owned by the decedent at the time of his or her death. Unlike the federal estate tax, there is no minimum dollar amount for the estate to be taxed; all estates of any value are subject to taxation. The inheritance tax return is due within nine months of the death of the decedent.

2. Estate Attorneys Lebanon Pa – Intro

The Philadelphia PA Inheritance tax is imposed as a percentage of the value of a decedent’s estate transferred to beneficiaries by will, heirs by intestacy and transferees by operation of law.

The tax rate varies depending on the relationship of the heir to the decedent.

The Pennsylvania inheritance tax taxes assets owned by the decedent at the time of his or her death. Unlike the federal estate tax, there is no minimum dollar amount for the estate to be taxed; all estates of any value are subject to taxation. The inheritance tax return is due within nine months of the death of the decedent.

3. Estate Attorneys Lebanon Pa – Rates

The rates for Pennsylvania inheritance tax are as follows:

1. 00.00 percent on transfers to a surviving spouse or to a parent from a child aged 21 or younger;
2. 04.50 percent on transfers to direct descendants and lineal heirs;
3. 12.00 percent on transfers to siblings; and
4. 15.00 percent on transfers to other heirs, except charitable organizations, exempt institutions and government entities exempt from tax.

4. Estate Attorneys Lebanon Pa – Due

Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual’s death. If it is paid within three (3) months of the decedent’s death, a 5 percent discount is granted to the Estate.

In Pennsylvania, the inheritance tax must be paid within nine months of the time of the decedent’s death. If it is not paid within that period of time, the Pennsylvania Department of Revenue may assess penalties and interest.

5. Estate Attorneys Lebanon Pa – Expenses

Frequently, in our practice, we are confronted with many misconceptions concerning Pennsylvania inheritance tax. The Pennsylvania inheritance tax is a tax on property at the time of someone’s death and is imposed upon the transfer of that property. One common misconception is that spouses have to pay inheritance tax on property that they obtain from their deceased mate. Although that was the case in the past, it is not longer, having been abolished in 1994.

From the value of these resources, we are permitted to deduct certain expenses to arrive at a net valuation for the estate. These expenses include:

• the cost of the funeral,
• the debts of the decedent (including mortgage loans, credit cards, home equity loans, etc.),
• the expenses of the last illness,
• all fees that are paid to the Register of Wills Office; and
• the legal fees for processing the estate, and miscellaneous expenses and fees.

Many people do not realize that there are certain types of assets that are exempt from the Pa Inheritance Tax.

• As an example, life insurance proceeds which are paid directly to a beneficiary or are paid to the estate of the decedent are exempt.
• an IRA account held in the decedent’s name, if the decedent had not reached the age of 59 ½, is also exempt.

Sometimes, jointly held property is ignored for tax purposes at the time of death. For example, where a decedent owns a bank account which is titled in the decedent’s name and, let us say, two of his children’s names, the decedent’s one-third interest would be taxed at a rate of 4.5%.

However, if that account was established using only the decedent’s funds, and the decedent dies within one year, then the whole value of the account is taxed, not just a portion of it.

If payment is made within 90 days of the date of death, the department discounts the amount by 5%.

Estate Attorneys Lebanon Pa – Debts

Even though the person who borrowed the debt is no longer living, their debts will still need to be paid off. Luckily, the estate (and not you personally) will pay the debts, so you don’t have to worry about anything other than figuring out what debts are owed to which companies.

Read more about what happens to debt after you die for additional, more detailed information about how to navigate this portion of the estate settlement. 

Estate Attorneys Lebanon Pa – Close

After debts and taxes are paid, and if probate is closed (if the estate needed to go through the probate process), then you can distribute assets according to the deceased party’s final wishes. 

Once all the above steps have been thoroughly completed, you can finally file a petition for discharge of executor responsibilities and ask the court to formally close the estate.

Estate Attorneys Lebanon Pa – Conclusion

I provide reliable guidance for Pa Testators and Pa Executors. My experience in the probate court, resolving issues related to the validity of wills, enables me to provide practical advice for testators from all walks of life. Similarly, my work in the formation of wills gives us keen insight into how executors should interpret various aspects of a will that may initially seem unclear.

Whether you are a testator formulating an estate plan or an executor implementing a decedent’s wishes, I can simplify many complex aspects of the tasks before you. I offer pertinent and personal legal advice to obtain the results you need in a timely manner with the least stress possible.

Related Posts

• Scranton Pa Short Certificates
• Erie Pa Short Certificates
• Allentown Pa Short Certificates
• Pittsburgh Pa Short Certificates
• Philadelphia Pa Short Certificates

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.

He is featured on Avvo, Justia, Lawyers, LinkedIn, Martindale, Nolo, Quora, and Thumbtack. He is located at 8 Longwood Drive, Ardmore, Pa, 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.

Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).