Author: John B. Whalen, Jr., Esq.





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Ardmore Pa Guardianships Lawyers

Ardmore Pa Guardianships Lawyers – The Introduction

There are circumstances when the appointment of a guardian is unavoidable. As there are simpler alternatives to a Pa Guardianship, one should only initiate guardianship proceedings after a problem has been identified for which there is no alternative solution.

Ardmore Pa Guardianships Lawyers – The Statute

A Pennsylvania court may appoint a “guardian of the person” for an individual who lives in Pennsylvania and a “guardian of the estate” for a person who has property in Pennsylvania if it determines after a hearing that the individual is “incapacitated” (previously referred to as “incompetent”).

An incapacitated person is: [A]n adult whose ability to of an appropriate court therefore.” 50 Pa. Cons. Stat. Ann. § 4417(c). This provision has been construed to apply to health care decisions that involve procedures other than “elective surgery.” This statute, however, does not permit substituted consent by providers for medical treatment in all cases. For example, it would not permit consent to psychiatric
treatment (which is governed by the Mental Health Procedures Act, 50 Pa. Cons. Stat. Ann. § 7101 et seq.), to AIDS/HIV testing (which is governed by 35 Pa. Cons. Stat. Ann. § 7605), or to medical treatment when an individual is refusing treatment. A service provider also cannot consent to the cessation of life- preserving treatment (i.e., treatment to save the life of a person who is not in an end-of-life situation).

Once appointed, the guardian is legally bound to act in the individual’s best interests. Guardians can be given specific authorities, such as the authority to handle the financial and legal affairs of the individual, or they may be granted larger authority, depending on the needs of the individual.

Setting up a legal guardianship can sometimes get complex, especially if other family members are not in agreement as to who the guardian should be. That is why the assistance of a Pennsylvania guardianship attorney is so valuable. John B Whalen Jr has been serving the people of Pennsylvania for over 30 years, and brings compassion and knowledge to the guardianship process.

Ardmore Pa Guardianships Lawyers – The Incapacitated Person

A Pennsylvania court may appoint a guardian of the person and/or of the estate for an individual who lives in Pennsylvania and a guardian of the estate for a person who has property in Pennsylvania if it determines after a hearing that the individual is “incapacitated.”

Ardmore Pa Guardianships Lawyers – The Proposed Guardian

Any qualified individual, corporate fiduciary, non-profit corporation, or county agency may serve as guardian. 20 Pa. Cons. Stat. Ann. § 5511(f).

If no other person is willing or qualified to serve, a guardianship support agency may be appointed by the court. 20 Pa. Cons. Stat. Ann. § 5553(a). If appropriate, the court shall give preference to a person suggested by the incapacitated person. Id.; Estate of Haertsch, 649 A.2d 719, 720 (Pa. Super. Ct. 1994).

The guardian must not have interests that conflict with those of the incapacitated person unless no alternative exists. 20 Pa. Cons. Stat. Ann. § 5511(f); see also Wilhelm v. Wilhelm, 657 A.2d 34, 49 (Pa. Super. Ct. 1995) (son of incapacitated person may be inappropriate guardian where son stands to benefit from money remaining in bank account upon father’s death and where there is history of hostile relationship between children and parents).

Ardmore Pa Guardianships Lawyers – The Petition

An interested person may file a petition in the Orphans Court for the appointment of a guardian for a person or the person’s estate.

The person who files the petition (the “petitioner”) must personally serve the person for who a guardian is sought (the “respondent”) with a copy of the petition and written notice of the time, date, and place of the proposed hearing at least 20 days prior to the hearing.

All guardianship petitions must include the following information (20 Pa. Cons. Stat. Ann. § 5511(e).).

  • the name, age, residence, and post office address of the respondent;
  • the names and addresses of the respondent’s spouse, parent(s), and presumptive adult heirs;
  • the name and address of the person or institution providing residential services to the respondent;
  • the names and addresses of other persons or entities that provide services to the respondent;
  • the name and address of the person or entity whom the petitioner asks to be
  • appointed as the guardian;
  • an averment that the proposed guardian has no interest that is adverse to the respondent;
  • the qualifications of the proposed guardian;
  • the reasons why guardianship is sought;
  • a description of the functional limitations and physical and mental condition of the respondent;
  • the steps taken to find less restrictive alternatives; and
  • the specific areas of incapacity over which the petitioner requests that the guardian be assigned powers.

Ardmore Pa Guardianships Lawyers – The Notice

The petitioner must complete a notice when the Alleged Incapacitated Person is served with the petition. They also must inform the respondent of his or her right to request the appointment of counsel and to have paid counsel appointed, if appropriate. The petition also must give notice to other interested parties, such as family members. 20 Pa. Cons. Stat. Ann. § 5511(a).

Ardmore Pa Guardianships Lawyers – The Counsel

A respondent may hire or retain counsel to represent him or her in a guardianship proceeding. The petitioner has an obligation to determine whether counsel has been retained by or for the respondent and must notify the court at least 7 days prior to the hearing if the respondent does not have counsel. The court, “in appropriate cases,” may appoint counsel at no cost to the respondent if counsel has not otherwise been retained to represent the respondent. 20 Pa. Cons. Stat. Ann. § 5511(a).

Ardmore Pa Guardianships Lawyers – The Hearing

In determining whether the respondent is incapacitated, the court must consider, among other things, the nature of the respondent’s disability and the extent of the person’s capacity to make or communicate decisions. 20 Pa. Cons. Stat. Ann. § 5512.1(a).

The petitioner must present testimony from an individual qualified by training and experience in evaluating individuals with the respondent’s alleged incapacities that establishes the nature and extent of the respondent’s incapacities and disabilities; the respondent’s mental, emotional, and physical condition; the respondent’s adaptive behavior; and the respondent’s social skills. 20 Pa. Cons. Stat. Ann. § 5518.

In addition, the petitioner must present evidence regarding:

  • the services being utilized to meet the essential requirements for the respondent’s physical health and safety;
  • the services being utilized to manage the respondent’s financial resources;
  • the services being utilized to develop or regain the respondent’s abilities;
  • the types of assistance required by the respondent;
  • why no less restrictive alternatives would be appropriate; and
  • the probability that the extent of the person’s incapacities may significantly lessen or change.

Ardmore Pa Guardianships Lawyers – The Testimony

To prove incapacity, the petitioner must present testimony from an individual qualified by training and experience in evaluating individuals with the respondent’s alleged incapacities that establishes:

  • the nature and extent of the respondent’s incapacities and disabilities;
  • the respondent’s mental, emotional, and physical condition;
  • the respondent’s adaptive behavior; and
  • the respondent’s social skills. 20 Pa. Cons. Stat. Ann. § 5518.

In addition, the petitioner must present evidence regarding:

  • the services being used to meet the essential requirements for the respondent’s physical health and safety;
  • the services being used to manage the respondent’s financial resources;
  • the services being used to develop or regain the respondent’s abilities;
  • the types of assistance required by the respondent;
  • why no less restrictive alternative to guardianship would be appropriate; and,
  • the probability that the extent of the person’s incapacities may significantly lessen or change.

Ardmore Pa Guardianships Lawyers – Limited vs. Plenary

The court will prefer to appoint a “limited guardian” if the respondent is partially incapacitated, but needs guardianship services. 20 Pa. Cons. Stat. Ann. § 5512.1(a)(6)

The court may appoint a “plenary guardian” of the person and/or estate only upon specific findings that the person is totally incapacitated and in need of plenary guardianship services. 20 Pa. Cons. Stat. Ann. §§ 5512.1(c), 5512.1(e).

Ardmore Pa Guardianships Lawyers – Model Court Accountings

Because the Guardian of the Estate is personally responsible for errors, filing a Model Court Formal Accounting each year is an extremely good – and virtually expected – idea. However, the Judge must approve the expense. Generally, the reasonable costs are reimbursable. This includes the cost of an Estate Planning Lawyer assembling and submitting the accounting. Professional Guardians, recognizing their liability, regularly file formal accounts.

Ardmore Pa Guardianships Lawyers – Considerations

In a guardianship case, the interests of many parties need to be considered. First and foremost are the interests of the individual who needs the Pa Guardianship.

Yet that’s just one aspect of a guardianship case. Sometimes the children or loved ones of the individual are not in agreement about who should be the guardian. In other cases, the individual who needs support may not be willing to accept it, and the case may need to go to court to prove that guardianship is required.

Public benefits, such as Social Security Disability and Supplemental Security Income (SSI), can be managed without a guardian through the appointment of a representative payee.

Ardmore Pa Guardianships Lawyers – Limitations

No Pa Guardian possesses the following powers, unless they are specifically and expressly authorized by the court:

  • to consent to an abortion, sterilization, psychosurgery, electroconvulsive therapy or removal of a healthy body organ;
  • to prohibit marriage or consent to divorce; or
  • to consent to any experimental biomedical or behavioral medical procedure or be part of any biomedical or behavioral experiment.

Ardmore Pa Guardianships Lawyers – Health Care Agents

If the guardian is different than the health care agent, the health care agent is accountable to the guardian as well as the individual who made the advance directive. The guardian has the same power to revoke or amend the appointment of a health care agent, but does not have the
authority to revoke the advance directive or to amend its terms or instructions without judicial authorization.

Ardmore Pa Guardianships Lawyers – Compassion

The guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. That’s why you need an attorney who offers legal services with compassion.

For the past three decades, I have built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

If you or someone you love needs the help of a legal guardian, I am ready to help.

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 located at 8 Longwood Drive Wayne Pa 19087. 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. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.

April 14, 2024 / / 0 Comments

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Paoli Pa Guardianships Lawyers

Paoli Pa Guardianships Lawyers – The Introduction

There are circumstances when the appointment of a guardian is unavoidable. As there are simpler alternatives to a Pa Guardianship, one should only initiate guardianship proceedings after a problem has been identified for which there is no alternative solution.

Paoli Pa Guardianships Lawyers – The Statute

A Pennsylvania court may appoint a “guardian of the person” for an individual who lives in Pennsylvania and a “guardian of the estate” for a person who has property in Pennsylvania if it determines after a hearing that the individual is “incapacitated” (previously referred to as “incompetent”).

An incapacitated person is: [A]n adult whose ability to of an appropriate court therefore.” 50 Pa. Cons. Stat. Ann. § 4417(c). This provision has been construed to apply to health care decisions that involve procedures other than “elective surgery.” This statute, however, does not permit substituted consent by providers for medical treatment in all cases. For example, it would not permit consent to psychiatric
treatment (which is governed by the Mental Health Procedures Act, 50 Pa. Cons. Stat. Ann. § 7101 et seq.), to AIDS/HIV testing (which is governed by 35 Pa. Cons. Stat. Ann. § 7605), or to medical treatment when an individual is refusing treatment. A service provider also cannot consent to the cessation of life- preserving treatment (i.e., treatment to save the life of a person who is not in an end-of-life situation).

Once appointed, the guardian is legally bound to act in the individual’s best interests. Guardians can be given specific authorities, such as the authority to handle the financial and legal affairs of the individual, or they may be granted larger authority, depending on the needs of the individual.

Setting up a legal guardianship can sometimes get complex, especially if other family members are not in agreement as to who the guardian should be. That is why the assistance of a Pennsylvania guardianship attorney is so valuable. John B Whalen Jr has been serving the people of Pennsylvania for over 30 years, and brings compassion and knowledge to the guardianship process.

Paoli Pa Guardianships Lawyers – The Incapacitated Person

A Pennsylvania court may appoint a guardian of the person and/or of the estate for an individual who lives in Pennsylvania and a guardian of the estate for a person who has property in Pennsylvania if it determines after a hearing that the individual is “incapacitated.”

Paoli Pa Guardianships Lawyers – The Proposed Guardian

Any qualified individual, corporate fiduciary, non-profit corporation, or county agency may serve as guardian. 20 Pa. Cons. Stat. Ann. § 5511(f).

If no other person is willing or qualified to serve, a guardianship support agency may be appointed by the court. 20 Pa. Cons. Stat. Ann. § 5553(a). If appropriate, the court shall give preference to a person suggested by the incapacitated person. Id.; Estate of Haertsch, 649 A.2d 719, 720 (Pa. Super. Ct. 1994).

The guardian must not have interests that conflict with those of the incapacitated person unless no alternative exists. 20 Pa. Cons. Stat. Ann. § 5511(f); see also Wilhelm v. Wilhelm, 657 A.2d 34, 49 (Pa. Super. Ct. 1995) (son of incapacitated person may be inappropriate guardian where son stands to benefit from money remaining in bank account upon father’s death and where there is history of hostile relationship between children and parents).

Paoli Pa Guardianships Lawyers – The Petition

An interested person may file a petition in the Orphans Court for the appointment of a guardian for a person or the person’s estate.

The person who files the petition (the “petitioner”) must personally serve the person for who a guardian is sought (the “respondent”) with a copy of the petition and written notice of the time, date, and place of the proposed hearing at least 20 days prior to the hearing.

All guardianship petitions must include the following information (20 Pa. Cons. Stat. Ann. § 5511(e).).

  • the name, age, residence, and post office address of the respondent;
  • the names and addresses of the respondent’s spouse, parent(s), and presumptive adult heirs;
  • the name and address of the person or institution providing residential services to the respondent;
  • the names and addresses of other persons or entities that provide services to the respondent;
  • the name and address of the person or entity whom the petitioner asks to be
  • appointed as the guardian;
  • an averment that the proposed guardian has no interest that is adverse to the respondent;
  • the qualifications of the proposed guardian;
  • the reasons why guardianship is sought;
  • a description of the functional limitations and physical and mental condition of the respondent;
  • the steps taken to find less restrictive alternatives; and
  • the specific areas of incapacity over which the petitioner requests that the guardian be assigned powers.

Paoli Pa Guardianships Lawyers – The Notice

The petitioner must complete a notice when the Alleged Incapacitated Person is served with the petition. They also must inform the respondent of his or her right to request the appointment of counsel and to have paid counsel appointed, if appropriate. The petition also must give notice to other interested parties, such as family members. 20 Pa. Cons. Stat. Ann. § 5511(a).

Paoli Pa Guardianships Lawyers – The Counsel

A respondent may hire or retain counsel to represent him or her in a guardianship proceeding. The petitioner has an obligation to determine whether counsel has been retained by or for the respondent and must notify the court at least 7 days prior to the hearing if the respondent does not have counsel. The court, “in appropriate cases,” may appoint counsel at no cost to the respondent if counsel has not otherwise been retained to represent the respondent. 20 Pa. Cons. Stat. Ann. § 5511(a).

Paoli Pa Guardianships Lawyers – The Hearing

In determining whether the respondent is incapacitated, the court must consider, among other things, the nature of the respondent’s disability and the extent of the person’s capacity to make or communicate decisions. 20 Pa. Cons. Stat. Ann. § 5512.1(a).

The petitioner must present testimony from an individual qualified by training and experience in evaluating individuals with the respondent’s alleged incapacities that establishes the nature and extent of the respondent’s incapacities and disabilities; the respondent’s mental, emotional, and physical condition; the respondent’s adaptive behavior; and the respondent’s social skills. 20 Pa. Cons. Stat. Ann. § 5518.

In addition, the petitioner must present evidence regarding:

  • the services being utilized to meet the essential requirements for the respondent’s physical health and safety;
  • the services being utilized to manage the respondent’s financial resources;
  • the services being utilized to develop or regain the respondent’s abilities;
  • the types of assistance required by the respondent;
  • why no less restrictive alternatives would be appropriate; and
  • the probability that the extent of the person’s incapacities may significantly lessen or change.

Paoli Pa Guardianships Lawyers – The Testimony

To prove incapacity, the petitioner must present testimony from an individual qualified by training and experience in evaluating individuals with the respondent’s alleged incapacities that establishes:

  • the nature and extent of the respondent’s incapacities and disabilities;
  • the respondent’s mental, emotional, and physical condition;
  • the respondent’s adaptive behavior; and
  • the respondent’s social skills. 20 Pa. Cons. Stat. Ann. § 5518.

In addition, the petitioner must present evidence regarding:

  • the services being used to meet the essential requirements for the respondent’s physical health and safety;
  • the services being used to manage the respondent’s financial resources;
  • the services being used to develop or regain the respondent’s abilities;
  • the types of assistance required by the respondent;
  • why no less restrictive alternative to guardianship would be appropriate; and,
  • the probability that the extent of the person’s incapacities may significantly lessen or change.

Paoli Pa Guardianships Lawyers – Limited vs. Plenary

The court will prefer to appoint a “limited guardian” if the respondent is partially incapacitated, but needs guardianship services. 20 Pa. Cons. Stat. Ann. § 5512.1(a)(6)

The court may appoint a “plenary guardian” of the person and/or estate only upon specific findings that the person is totally incapacitated and in need of plenary guardianship services. 20 Pa. Cons. Stat. Ann. §§ 5512.1(c), 5512.1(e).

Paoli Pa Guardianships Lawyers – Model Court Accountings

Because the Guardian of the Estate is personally responsible for errors, filing a Model Court Formal Accounting each year is an extremely good – and virtually expected – idea. However, the Judge must approve the expense. Generally, the reasonable costs are reimbursable. This includes the cost of an Estate Planning Lawyer assembling and submitting the accounting. Professional Guardians, recognizing their liability, regularly file formal accounts.

Paoli Pa Guardianships Lawyers – Considerations

In a guardianship case, the interests of many parties need to be considered. First and foremost are the interests of the individual who needs the Pa Guardianship.

Yet that’s just one aspect of a guardianship case. Sometimes the children or loved ones of the individual are not in agreement about who should be the guardian. In other cases, the individual who needs support may not be willing to accept it, and the case may need to go to court to prove that guardianship is required.

Public benefits, such as Social Security Disability and Supplemental Security Income (SSI), can be managed without a guardian through the appointment of a representative payee.

Paoli Pa Guardianships Lawyers – Limitations

No Pa Guardian possesses the following powers, unless they are specifically and expressly authorized by the court:

  • to consent to an abortion, sterilization, psychosurgery, electroconvulsive therapy or removal of a healthy body organ;
  • to prohibit marriage or consent to divorce; or
  • to consent to any experimental biomedical or behavioral medical procedure or be part of any biomedical or behavioral experiment.

Paoli Pa Guardianships Lawyers – Health Care Agents

If the guardian is different than the health care agent, the health care agent is accountable to the guardian as well as the individual who made the advance directive. The guardian has the same power to revoke or amend the appointment of a health care agent, but does not have the
authority to revoke the advance directive or to amend its terms or instructions without judicial authorization.

Paoli Pa Guardianships Lawyers – Compassion

The guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. That’s why you need an attorney who offers legal services with compassion.

For the past three decades, I have built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

If you or someone you love needs the help of a legal guardian, I am ready to help.

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 located in Wayne Pa 19087. 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. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.

April 13, 2024 / / 0 Comments

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Gladwyne Pa Guardianships Lawyers

Gladwyne Pa Guardianships Lawyers – The Introduction

There are circumstances when the appointment of a guardian is unavoidable. As there are simpler alternatives to a Pa Guardianship, one should only initiate guardianship proceedings after a problem has been identified for which there is no alternative solution.

Gladwyne Pa Guardianships Lawyers – The Statute

A Pennsylvania court may appoint a “guardian of the person” for an individual who lives in Pennsylvania and a “guardian of the estate” for a person who has property in Pennsylvania if it determines after a hearing that the individual is “incapacitated” (previously referred to as “incompetent”).

An incapacitated person is: [A]n adult whose ability to of an appropriate court therefore.” 50 Pa. Cons. Stat. Ann. § 4417(c). This provision has been construed to apply to health care decisions that involve procedures other than “elective surgery.” This statute, however, does not permit substituted consent by providers for medical treatment in all cases. For example, it would not permit consent to psychiatric
treatment (which is governed by the Mental Health Procedures Act, 50 Pa. Cons. Stat. Ann. § 7101 et seq.), to AIDS/HIV testing (which is governed by 35 Pa. Cons. Stat. Ann. § 7605), or to medical treatment when an individual is refusing treatment. A service provider also cannot consent to the cessation of life- preserving treatment (i.e., treatment to save the life of a person who is not in an end-of-life situation).

Once appointed, the guardian is legally bound to act in the individual’s best interests. Guardians can be given specific authorities, such as the authority to handle the financial and legal affairs of the individual, or they may be granted larger authority, depending on the needs of the individual.

Setting up a legal guardianship can sometimes get complex, especially if other family members are not in agreement as to who the guardian should be. That is why the assistance of a Pennsylvania guardianship attorney is so valuable. John B Whalen Jr has been serving the people of Pennsylvania for over 30 years, and brings compassion and knowledge to the guardianship process.

Gladwyne Pa Guardianships Lawyers – The Incapacitated Person

A Pennsylvania court may appoint a guardian of the person and/or of the estate for an individual who lives in Pennsylvania and a guardian of the estate for a person who has property in Pennsylvania if it determines after a hearing that the individual is “incapacitated.”

Gladwyne Pa Guardianships Lawyers – The Proposed Guardian

Any qualified individual, corporate fiduciary, non-profit corporation, or county agency may serve as guardian. 20 Pa. Cons. Stat. Ann. § 5511(f).

If no other person is willing or qualified to serve, a guardianship support agency may be appointed by the court. 20 Pa. Cons. Stat. Ann. § 5553(a). If appropriate, the court shall give preference to a person suggested by the incapacitated person. Id.; Estate of Haertsch, 649 A.2d 719, 720 (Pa. Super. Ct. 1994).

The guardian must not have interests that conflict with those of the incapacitated person unless no alternative exists. 20 Pa. Cons. Stat. Ann. § 5511(f); see also Wilhelm v. Wilhelm, 657 A.2d 34, 49 (Pa. Super. Ct. 1995) (son of incapacitated person may be inappropriate guardian where son stands to benefit from money remaining in bank account upon father’s death and where there is history of hostile relationship between children and parents).

Gladwyne Pa Guardianships Lawyers – The Petition

An interested person may file a petition in the Orphans Court for the appointment of a guardian for a person or the person’s estate.

The person who files the petition (the “petitioner”) must personally serve the person for who a guardian is sought (the “respondent”) with a copy of the petition and written notice of the time, date, and place of the proposed hearing at least 20 days prior to the hearing.

All guardianship petitions must include the following information (20 Pa. Cons. Stat. Ann. § 5511(e).).

  • the name, age, residence, and post office address of the respondent;
  • the names and addresses of the respondent’s spouse, parent(s), and presumptive adult heirs;
  • the name and address of the person or institution providing residential services to the respondent;
  • the names and addresses of other persons or entities that provide services to the respondent;
  • the name and address of the person or entity whom the petitioner asks to be
  • appointed as the guardian;
  • an averment that the proposed guardian has no interest that is adverse to the respondent;
  • the qualifications of the proposed guardian;
  • the reasons why guardianship is sought;
  • a description of the functional limitations and physical and mental condition of the respondent;
  • the steps taken to find less restrictive alternatives; and
  • the specific areas of incapacity over which the petitioner requests that the guardian be assigned powers.

Gladwyne Pa Guardianships Lawyers – The Notice

The petitioner must complete a notice when the Alleged Incapacitated Person is served with the petition. They also must inform the respondent of his or her right to request the appointment of counsel and to have paid counsel appointed, if appropriate. The petition also must give notice to other interested parties, such as family members. 20 Pa. Cons. Stat. Ann. § 5511(a).

Gladwyne Pa Guardianships Lawyers – The Counsel

A respondent may hire or retain counsel to represent him or her in a guardianship proceeding. The petitioner has an obligation to determine whether counsel has been retained by or for the respondent and must notify the court at least 7 days prior to the hearing if the respondent does not have counsel. The court, “in appropriate cases,” may appoint counsel at no cost to the respondent if counsel has not otherwise been retained to represent the respondent. 20 Pa. Cons. Stat. Ann. § 5511(a).

Gladwyne Pa Guardianships Lawyers – The Hearing

In determining whether the respondent is incapacitated, the court must consider, among other things, the nature of the respondent’s disability and the extent of the person’s capacity to make or communicate decisions. 20 Pa. Cons. Stat. Ann. § 5512.1(a).

The petitioner must present testimony from an individual qualified by training and experience in evaluating individuals with the respondent’s alleged incapacities that establishes the nature and extent of the respondent’s incapacities and disabilities; the respondent’s mental, emotional, and physical condition; the respondent’s adaptive behavior; and the respondent’s social skills. 20 Pa. Cons. Stat. Ann. § 5518.

In addition, the petitioner must present evidence regarding:

  • the services being utilized to meet the essential requirements for the respondent’s physical health and safety;
  • the services being utilized to manage the respondent’s financial resources;
  • the services being utilized to develop or regain the respondent’s abilities;
  • the types of assistance required by the respondent;
  • why no less restrictive alternatives would be appropriate; and
  • the probability that the extent of the person’s incapacities may significantly lessen or change.

Gladwyne Pa Guardianships Lawyers – The Testimony

To prove incapacity, the petitioner must present testimony from an individual qualified by training and experience in evaluating individuals with the respondent’s alleged incapacities that establishes:

  • the nature and extent of the respondent’s incapacities and disabilities;
  • the respondent’s mental, emotional, and physical condition;
  • the respondent’s adaptive behavior; and
  • the respondent’s social skills. 20 Pa. Cons. Stat. Ann. § 5518.

In addition, the petitioner must present evidence regarding:

  • the services being used to meet the essential requirements for the respondent’s physical health and safety;
  • the services being used to manage the respondent’s financial resources;
  • the services being used to develop or regain the respondent’s abilities;
  • the types of assistance required by the respondent;
  • why no less restrictive alternative to guardianship would be appropriate; and,
  • the probability that the extent of the person’s incapacities may significantly lessen or change.

Gladwyne Pa Guardianships Lawyers – Limited vs. Plenary

The court will prefer to appoint a “limited guardian” if the respondent is partially incapacitated, but needs guardianship services. 20 Pa. Cons. Stat. Ann. § 5512.1(a)(6)

The court may appoint a “plenary guardian” of the person and/or estate only upon specific findings that the person is totally incapacitated and in need of plenary guardianship services. 20 Pa. Cons. Stat. Ann. §§ 5512.1(c), 5512.1(e).

Gladwyne Pa Guardianships Lawyers – Model Court Accountings

Because the Guardian of the Estate is personally responsible for errors, filing a Model Court Formal Accounting each year is an extremely good – and virtually expected – idea. However, the Judge must approve the expense. Generally, the reasonable costs are reimbursable. This includes the cost of an Estate Planning Lawyer assembling and submitting the accounting. Professional Guardians, recognizing their liability, regularly file formal accounts.

Gladwyne Pa Guardianships Lawyers – Considerations

In a guardianship case, the interests of many parties need to be considered. First and foremost are the interests of the individual who needs the Pa Guardianship.

Yet that’s just one aspect of a guardianship case. Sometimes the children or loved ones of the individual are not in agreement about who should be the guardian. In other cases, the individual who needs support may not be willing to accept it, and the case may need to go to court to prove that guardianship is required.

Public benefits, such as Social Security Disability and Supplemental Security Income (SSI), can be managed without a guardian through the appointment of a representative payee.

Gladwyne Pa Guardianships Lawyers – Limitations

No Pa Guardian possesses the following powers, unless they are specifically and expressly authorized by the court:

  • to consent to an abortion, sterilization, psychosurgery, electroconvulsive therapy or removal of a healthy body organ;
  • to prohibit marriage or consent to divorce; or
  • to consent to any experimental biomedical or behavioral medical procedure or be part of any biomedical or behavioral experiment.

Gladwyne Pa Guardianships Lawyers – Health Care Agents

If the guardian is different than the health care agent, the health care agent is accountable to the guardian as well as the individual who made the advance directive. The guardian has the same power to revoke or amend the appointment of a health care agent, but does not have the
authority to revoke the advance directive or to amend its terms or instructions without judicial authorization.

Gladwyne Pa Guardianships Lawyers – Compassion

The guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. That’s why you need an attorney who offers legal services with compassion.

For the past three decades, I have built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

If you or someone you love needs the help of a legal guardian, I am ready to help.

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 located in Wayne Pa 19087. 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. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.

April 13, 2024 / / 0 Comments

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Philadelphia Pa Guardianships Lawyers

Philadelphia Pa Guardianships Lawyers – The Introduction

There are circumstances when the appointment of a guardian is unavoidable. As there are simpler alternatives to a Pa Guardianship, one should only initiate guardianship proceedings after a problem has been identified for which there is no alternative solution.

Philadelphia Pa Guardianships Lawyers – The Statute

A Pennsylvania court may appoint a “guardian of the person” for an individual who lives in Pennsylvania and a “guardian of the estate” for a person who has property in Pennsylvania if it determines after a hearing that the individual is “incapacitated” (previously referred to as “incompetent”).

An incapacitated person is: [A]n adult whose ability to of an appropriate court therefore.” 50 Pa. Cons. Stat. Ann. § 4417(c). This provision has been construed to apply to health care decisions that involve procedures other than “elective surgery.” This statute, however, does not permit substituted consent by providers for medical treatment in all cases. For example, it would not permit consent to psychiatric
treatment (which is governed by the Mental Health Procedures Act, 50 Pa. Cons. Stat. Ann. § 7101 et seq.), to AIDS/HIV testing (which is governed by 35 Pa. Cons. Stat. Ann. § 7605), or to medical treatment when an individual is refusing treatment. A service provider also cannot consent to the cessation of life- preserving treatment (i.e., treatment to save the life of a person who is not in an end-of-life situation).

Once appointed, the guardian is legally bound to act in the individual’s best interests. Guardians can be given specific authorities, such as the authority to handle the financial and legal affairs of the individual, or they may be granted larger authority, depending on the needs of the individual.

Setting up a legal guardianship can sometimes get complex, especially if other family members are not in agreement as to who the guardian should be. That is why the assistance of a Pennsylvania guardianship attorney is so valuable. John B Whalen Jr has been serving the people of Pennsylvania for over 30 years, and brings compassion and knowledge to the guardianship process.

Philadelphia Pa Guardianships Lawyers – The Incapacitated Person

A Pennsylvania court may appoint a guardian of the person and/or of the estate for an individual who lives in Pennsylvania and a guardian of the estate for a person who has property in Pennsylvania if it determines after a hearing that the individual is “incapacitated.”

Philadelphia Pa Guardianships Lawyers – The Proposed Guardian

Any qualified individual, corporate fiduciary, non-profit corporation, or county agency may serve as guardian. 20 Pa. Cons. Stat. Ann. § 5511(f).

If no other person is willing or qualified to serve, a guardianship support agency may be appointed by the court. 20 Pa. Cons. Stat. Ann. § 5553(a). If appropriate, the court shall give preference to a person suggested by the incapacitated person. Id.; Estate of Haertsch, 649 A.2d 719, 720 (Pa. Super. Ct. 1994).

The guardian must not have interests that conflict with those of the incapacitated person unless no alternative exists. 20 Pa. Cons. Stat. Ann. § 5511(f); see also Wilhelm v. Wilhelm, 657 A.2d 34, 49 (Pa. Super. Ct. 1995) (son of incapacitated person may be inappropriate guardian where son stands to benefit from money remaining in bank account upon father’s death and where there is history of hostile relationship between children and parents).

Philadelphia Pa Guardianships Lawyers – The Petition

An interested person may file a petition in the Orphans Court for the appointment of a guardian for a person or the person’s estate.

The person who files the petition (the “petitioner”) must personally serve the person for who a guardian is sought (the “respondent”) with a copy of the petition and written notice of the time, date, and place of the proposed hearing at least 20 days prior to the hearing.

All guardianship petitions must include the following information (20 Pa. Cons. Stat. Ann. § 5511(e).).

  • the name, age, residence, and post office address of the respondent;
  • the names and addresses of the respondent’s spouse, parent(s), and presumptive adult heirs;
  • the name and address of the person or institution providing residential services to the respondent;
  • the names and addresses of other persons or entities that provide services to the respondent;
  • the name and address of the person or entity whom the petitioner asks to be
  • appointed as the guardian;
  • an averment that the proposed guardian has no interest that is adverse to the respondent;
  • the qualifications of the proposed guardian;
  • the reasons why guardianship is sought;
  • a description of the functional limitations and physical and mental condition of the respondent;
  • the steps taken to find less restrictive alternatives; and
  • the specific areas of incapacity over which the petitioner requests that the guardian be assigned powers.

Philadelphia Pa Guardianships Lawyers – The Notice

The petitioner must complete a notice when the Alleged Incapacitated Person is served with the petition. They also must inform the respondent of his or her right to request the appointment of counsel and to have paid counsel appointed, if appropriate. The petition also must give notice to other interested parties, such as family members. 20 Pa. Cons. Stat. Ann. § 5511(a).

Philadelphia Pa Guardianships Lawyers – The Counsel

A respondent may hire or retain counsel to represent him or her in a guardianship proceeding. The petitioner has an obligation to determine whether counsel has been retained by or for the respondent and must notify the court at least 7 days prior to the hearing if the respondent does not have counsel. The court, “in appropriate cases,” may appoint counsel at no cost to the respondent if counsel has not otherwise been retained to represent the respondent. 20 Pa. Cons. Stat. Ann. § 5511(a).

Philadelphia Pa Guardianships Lawyers – The Hearing

In determining whether the respondent is incapacitated, the court must consider, among other things, the nature of the respondent’s disability and the extent of the person’s capacity to make or communicate decisions. 20 Pa. Cons. Stat. Ann. § 5512.1(a).

The petitioner must present testimony from an individual qualified by training and experience in evaluating individuals with the respondent’s alleged incapacities that establishes the nature and extent of the respondent’s incapacities and disabilities; the respondent’s mental, emotional, and physical condition; the respondent’s adaptive behavior; and the respondent’s social skills. 20 Pa. Cons. Stat. Ann. § 5518.

In addition, the petitioner must present evidence regarding:

  • the services being utilized to meet the essential requirements for the respondent’s physical health and safety;
  • the services being utilized to manage the respondent’s financial resources;
  • the services being utilized to develop or regain the respondent’s abilities;
  • the types of assistance required by the respondent;
  • why no less restrictive alternatives would be appropriate; and
  • the probability that the extent of the person’s incapacities may significantly lessen or change.

Philadelphia Pa Guardianships Lawyers – The Testimony

To prove incapacity, the petitioner must present testimony from an individual qualified by training and experience in evaluating individuals with the respondent’s alleged incapacities that establishes:

  • the nature and extent of the respondent’s incapacities and disabilities;
  • the respondent’s mental, emotional, and physical condition;
  • the respondent’s adaptive behavior; and
  • the respondent’s social skills. 20 Pa. Cons. Stat. Ann. § 5518.

In addition, the petitioner must present evidence regarding:

  • the services being used to meet the essential requirements for the respondent’s physical health and safety;
  • the services being used to manage the respondent’s financial resources;
  • the services being used to develop or regain the respondent’s abilities;
  • the types of assistance required by the respondent;
  • why no less restrictive alternative to guardianship would be appropriate; and,
  • the probability that the extent of the person’s incapacities may significantly lessen or change.

Philadelphia Pa Guardianships Lawyers – Limited vs. Plenary

The court will prefer to appoint a “limited guardian” if the respondent is partially incapacitated, but needs guardianship services. 20 Pa. Cons. Stat. Ann. § 5512.1(a)(6)

The court may appoint a “plenary guardian” of the person and/or estate only upon specific findings that the person is totally incapacitated and in need of plenary guardianship services. 20 Pa. Cons. Stat. Ann. §§ 5512.1(c), 5512.1(e).

Philadelphia Pa Guardianships Lawyers – Model Court Accountings

Because the Guardian of the Estate is personally responsible for errors, filing a Model Court Formal Accounting each year is an extremely good – and virtually expected – idea. However, the Judge must approve the expense. Generally, the reasonable costs are reimbursable. This includes the cost of an Estate Planning Lawyer assembling and submitting the accounting. Professional Guardians, recognizing their liability, regularly file formal accounts.

Philadelphia Pa Guardianships Lawyers – Considerations

In a guardianship case, the interests of many parties need to be considered. First and foremost are the interests of the individual who needs the Pa Guardianship.

Yet that’s just one aspect of a guardianship case. Sometimes the children or loved ones of the individual are not in agreement about who should be the guardian. In other cases, the individual who needs support may not be willing to accept it, and the case may need to go to court to prove that guardianship is required.

Public benefits, such as Social Security Disability and Supplemental Security Income (SSI), can be managed without a guardian through the appointment of a representative payee.

Philadelphia Pa Guardianships Lawyers – Limitations

No Pa Guardian possesses the following powers, unless they are specifically and expressly authorized by the court:

  • to consent to an abortion, sterilization, psychosurgery, electroconvulsive therapy or removal of a healthy body organ;
  • to prohibit marriage or consent to divorce; or
  • to consent to any experimental biomedical or behavioral medical procedure or be part of any biomedical or behavioral experiment.

Philadelphia Pa Guardianships Lawyers – Health Care Agents

If the guardian is different than the health care agent, the health care agent is accountable to the guardian as well as the individual who made the advance directive. The guardian has the same power to revoke or amend the appointment of a health care agent, but does not have the
authority to revoke the advance directive or to amend its terms or instructions without judicial authorization.

Philadelphia Pa Guardianships Lawyers – Compassion

The guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. That’s why you need an attorney who offers legal services with compassion.

For the past three decades, I have built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

If you or someone you love needs the help of a legal guardian, I am ready to help.

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 located at 8 Longwood Drive Wayne Pa 19087. 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. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.

April 13, 2024 / / 0 Comments

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Langhorne Pa Probate Lawyers

Langhorne Pa Probate Lawyers – 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. Langhorne Pa Probate Lawyers – 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. Langhorne Pa Probate Lawyers – 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!

Langhorne Pa Probate Lawyers – Register of Wills

1. Langhorne Pa Probate Lawyers – 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. Langhorne Pa Probate Lawyers – Location

3. Langhorne Pa Probate Lawyers – 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.

Langhorne Pa Probate Lawyers – 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. Langhorne Pa Probate Lawyers – 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. Langhorne Pa Probate Lawyers – 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. Langhorne Pa Probate Lawyers – 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.

Langhorne Pa Probate Lawyers – Taxes

1. Langhorne Pa Probate Lawyers- 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. Langhorne Pa Probate Lawyers – 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. Langhorne Pa Probate Lawyers – 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. Langhorne Pa Probate Lawyers – 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. Langhorne Pa Probate Lawyers – 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%.

Langhorne Pa Probate Lawyers – 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. 

Langhorne Pa Probate Lawyers – 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.

Langhorne Pa Probate Lawyers – 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.

April 12, 2024 /

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McKeesport Pa Probate Lawyers

McKeesport Pa Probate Lawyers – 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. McKeesport Pa Probate Lawyers – 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. McKeesport Pa Probate Lawyers – 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!

McKeesport Pa Probate Lawyers – Register of Wills

1. McKeesport Pa Probate Lawyers – 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. McKeesport Pa Probate Lawyers – Location

3. McKeesport Pa Probate Lawyers – 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.

McKeesport Pa Probate Lawyers – 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. McKeesport Pa Probate Lawyers – 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. McKeesport Pa Probate Lawyers – 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. McKeesport Pa Probate Lawyers – 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.

McKeesport Pa Probate Lawyers – Taxes

1. McKeesport Pa Probate Lawyers- 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. McKeesport Pa Probate Lawyers – 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. McKeesport Pa Probate Lawyers – 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. McKeesport Pa Probate Lawyers – 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. McKeesport Pa Probate Lawyers – 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%.

McKeesport Pa Probate Lawyers – 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. 

McKeesport Pa Probate Lawyers – 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.

McKeesport Pa Probate Lawyers – 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.

April 11, 2024 /

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