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• John B Whalen Jr Esq •

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Philadelphia Pa Powers of Attorney and Pa Agents

Filed Under: Philadelphia Pa Estates Administration

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Philadelphia Pa Powers of Attorney and Pa Agents – Document Purposes

A Pa Power of Attorney grants your Pa Agent (Fiduciary) the ability to control all of your affairs.

It is a very powerful document; it permits your Pa Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away).

Yet, inherent in the broad powers that your Pa Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

Philadelphia Pa Powers of Attorney and Pa Agents – Fiduciary Traits

  • Your Agent should be able and willing, first and foremost.
  • Your Agent should also be levelheaded and familiar.

Philadelphia Pa Powers of Attorney and Pa Agents – Common Misconceptions

  • A common misconception is that a Power of Attorney eliminates your ability to act for yourself.  Quite to the contrary, and until you are deemed to be incapacitated, a Power of Attorney should properly be viewed as a “shared authority.”  After you have executed a Power of Attorney, you still retain all of the powers and decision-making abilities that you possessed beforehand, including the power to revoke the Power of Attorney.
  • Another common misconception is that your Agent needs your permission to act.  Quite to the contrary, a Power of Attorney is a very powerful document.  It permits your Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away), and, inherent in the broad powers that your Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

Philadelphia Pa Probate Attorneys Guide

The Philadelphia Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.

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

Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, Quora, and Thumbtack.

John 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. His office is open on all evenings, weekends, and holidays.

Mr. Whalen 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 1-999-2157.

John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale. He has received the AV Peer Judicial Preeminent award. He has received the Avvo Rated Superb 10.00 award, and the Avvo Rated Top Lawyer award. He has also received 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). He is the recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law).

He is also the recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

2021 Client Champion

Filed Under: Philadelphia Pa Lawyers Awards

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2021 Client Champion

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 104 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is featured on Martindale.com, Nolo.com, Avvo.com, Lawyers.com, Justia.com, Lawyers of Distinction, and Linkedin.

Mr. Whalen has achieved the AV Peer Review Rated Preeminent award, the AV Peer Review 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 serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. His main office is located at . He provides free initial consultations all seven days, provides home visits, a provides flat fee client structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244. He has amassed over 60 prestigious and premier professional awards and over 100 client reviews and endorsements. He concentrates his three decade career in the legal areas of Pa Beneficiary Law, Pa Estate Administration Law, Pa Estate Law, Pa Estate Litigation, Pa Estate Planning, Pa Estate Taxation, Pa Guardianships, and Pa Probate Law.

Mr. Whalen serves, and has served, both individuals and attorneys in the Southeastern Pennsylvania Metropolitan Area (and throughout the country), including Chester County Pa, Delaware County Pa, Lancaster County Pa, Montgomery County Pa, and Philadelphia County Pa. He has served clients in Ambler Pa, in Ardmore Pa, in Aston Pa, in Berwyn Pa, in Blue Bell Pa, in Bridgeport Pa, in Broomall Pa, in Bryn Mawr Pa, in Chadds Ford Pa, in Chesterbrook Pa, in Chester Heights Pa, in Chester Springs Pa, in Coatesville Pa, in Collegeville Pa, in Conshohocken Pa, in Devon Pa, in Downingtown Pa, in Drexel Hill Pa, in Eagleville Pa, in Easttown Pa, in Elkins Park Pa, in Exton Pa, in Frazer Pa, in Great Valley Pa, in Haverford Pa, in Havertown Pa, in Jeffersonville Pa, in Kennett Square Pa, in King of Prussia Pa, in Lansdale Pa, in Limerick Pa, in Linfield Pa, in Linwood Pa, in Lower Merion Pa, in Malvern Pa, in Media Pa, in Narberth Pa, in Newtown Square Pa, in Norristown Pa, in Oaks Pa, in Overbrook Pa, in Paoli Pa, in Parkesburg Pa, in Phoenixville Pa, in Plymouth Meeting Pa, in Pottstown Pa, in Radnor Pa, in Ridley Park Pa, in Rosemont Pa, in St. Davids Pa, in Springfield Pa, in Strafford Pa, in Swarthmore Pa, in Thorndale Pa, in Tredyffrin Pa, in Trooper Pa, in Upper Merion Pa, in Valley Forge Pa, in Villanova Pa, in Philadelphia Pa, in West Chester Pa, in Westtown Pa, in Whitemarsh Pa, in Willistown Pa, in Wynnewood Pa, and in Yeadon Pa.

How Do You Settle A Philadelphia Pa Estate

Filed Under: Philadelphia Pa Estates Administration

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How Do You Settle A Philadelphia Pa Estate? – Intro

The best way to truly understand what Pa Estate Planning is all about is to first understand the process of Pa Estate Administration (or Pa Estate Settlement), or what happens to a Pa Estate after the owner dies. 

Said another way, understanding the process of settling a Pa Estate can help you really wrap your mind around all the different components of a comprehensive Pa Estate Plan.

So – you need to learn one side to learn the other – and vice versa – and so on – and so on …

How Do You Settle A Philadelphia Pa Estate? – Steps

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. 

  1. Organize important information
  2. Determine need for probate or attorney help 
  3. File the Will and notify necessary persons 
  4. Take inventory and appraise all assets 
  5. Set up a bank account 
  6. Pay taxes 
  7. Pay off any debts 
  8. Distribute assets according to deceased person’s Will 
  9. Close the estate 

1. How Do You Settle A Philadelphia Pa Estate? – Information  

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. 

2. How Do You Settle A Philadelphia Pa Estate? – Probate or Attorney 

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.

If the deceased only had a Will, it’s likely the estate will have to go through what’s known as probate. Probate is the court proceeding that validates a Will. Keep in mind, not all Pa Estates will need to go through Pa Probate.

Knowing how to settle an estate without a Will can be confusing, time-consuming and costly. Yet surprisingly, it’s more common than you may think. When it happens, the resolution of the estate will depend on how big it is, how complex it is and how many heirs claim to have rights to a piece of it.

Pa state law comes heavily into play in these cases, and the courts would determine who should be appointed to administer and settle the estate. 

It used to be thought that only the very wealthy had what’s known as “an estate,” but the truth is, 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. 

Estate Planning can be complicated or it can be simple. But regardless of how complex an estate is, establishing what happens to it once you pass away is important. When the time comes for it to be settled, you want the process to be as efficient as possible. Trust and Will makes every aspect of Estate Planning — including estate settlement — simple, fast, affordable and easy to understand. 

Curious if your Estate is protected? Trust & Will can help! Learn more about what we do and how we can protect your family, assets and legacy. 

3. How Do You Settle A Philadelphia Pa Estate? – Notify Necessary Persons 

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. 

4. How Do You Settle A Philadelphia Pa Estate? – 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.

5. How Do You Settle A Philadelphia Pa Estate? – Estate Bank Account  

After you have what’s known as the Letters Testamentary, 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.

6. How Do You Settle A Philadelphia Pa Estate? – Taxes 

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

  1. Federal Estate Tax (Form 706)
  2. Pa Inheritance Tax (Form Rev 1500)
  3. Gift and Generation-Skipping Transfer Tax (Form 709)
  4. Estate and Income Tax (Form 1041)
  5. Final Individual Income Taxes (Form 1040)

7. How Do You Settle A Philadelphia Pa Estate? – 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. 

8. How Do You Settle A Philadelphia Pa Estate? – Distribute

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. 

9. How Do You Settle A Philadelphia Pa Estate? – Close

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.

Philadelphia Pa Probate Attorneys Guide

The Philadelphia Pa Probate Attorneys Guide is the core of this website. It consists of the best articles on this website. Their focus is to provide the best and most complete information on a particular topic.

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).

2022 Martindale AV Preeminent

Filed Under: Philadelphia Pa Lawyers Awards

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Philadelphia Pa 2022 Martindale AV Preeminent

The Philadelphia Pa 2021 Martindale AV Preeminent Peer Review Ratings evaluates lawyers based on the anonymous opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not. The first review to establish a lawyer’s rating usually occurs three years after his/her first admission to the Bar.

In this highly competitive environment for legal services, the Martindale-Hubbell Peer Review Rating is often one of the only means to differentiate lawyers who are otherwise very comparable in their credentials. This is important on a variety of levels – from the in-house counsel trying to determine which one of his outside law firms should be assigned a new matter to the private practice attorney seeking to refer a case to another lawyer with the appropriate expertise in a specific area of practice.

Martindale-Hubbell conducts secure online Peer Review Ratings surveys of lawyers across multiple jurisdictions and geographic locations, in similar areas of practice as the lawyer being rated. Reviewers are instructed to assess their colleagues’ general ethical standards and legal ability in a specific area of practice.

We’re very proud of this recognition from our peers. Please let me know if you have any questions about the services we provide to our clients.

Philadelphia Pa 2021 Martindale AV Preeminent – Martindale Ratings

For more than 130 years, Martindale-Hubbell has been evaluating attorneys for their strong legal ability and high ethical standards through a Peer Review Rating system. Prior to the 1887 edition of Martindale’s American Law Directory, which was the first publication to provide such ratings to attorneys, there was no way of truly knowing if the lawyer you were considering to do business with was trustworthy, ethical, or skilled in the legal field.

Today – Martindale-Hubbell continues to provide verified ratings for attorneys based not only on their legal ability and ethical standards as judged by their peers, but also based on reviews from their clients. While the criteria and format of the Peer Review Rating system has evolved since the 1800’s – the goal of Martindale-Hubbell ratings remains the same: to help keep the public informed when making the decision to do business with an attorney or law firm.

Philadelphia Pa Beneficiary Lawyers

There are many factors that can affect the distribution of estate assets. In some cases, there may be a Pa Will that identifies you as a beneficiary; in other cases, there may not be a will at all. In still other cases, there may be a dispute involving the administration of the estate. For example, a beneficiary may disagree with how the executor or personal representative is distributing assets.

Philadelphia Pa Estate Administration Lawyers

Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.

Philadelphia Pa Estate Lawyers

Pa Estate law comprises many areas of law. However, all of these areas of law focus on taking care of one’s person and property. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. A Pa Estate is anything that makes up a person’s net worth. Very simply, an estate is what a person has in their own name alone.

Philadelphia Pa Estate Litigation Lawyers

Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

Philadelphia Pa Estate Planning Lawyers

An attorney who specializes in Pa Estate Planning can help you create a complete plan (including Pa Last Wills, Pa Powers of Attorney, and Pa Living Wills, etc.) to protect your spouse and children if you become unable to manage your financial affairs. Pa Estate Planning allows you to make decisions now so your wishes can be carried out if you die or become incapacitated.

Philadelphia Pa Powers of Attorney Lawyers

When you execute a legal document called a power of attorney, you are authorizing another individual to make certain decisions on your behalf. The person who signs the document is called the principal and the person who is authorized to make decisions is known as the agent or attorney-in-fact.

Philadelphia Pa Living Wills Lawyers

Living wills are also referred to as an advance directive or a health care directive. It is a legal document that communicates your desire in the treatment of serious medical problems in the event that you are unable to speak for yourself. They do not go into effect unless you are incapacitated and unable to express yourself. Having a living will can relieve your close relatives from the burden of having to make the decision about whether to remove you from life support.

Philadelphia Pa Trusts Lawyers

Trusts are legal documents that allow you to control how your assets will be allocated or managed. You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee. Individuals who receive money or other assets are the beneficiaries.

Philadelphia Pa Last Wills Lawyers

A Will is an important document to execute in order to avoid disputes about how your assets will be divided when you die. The executor who administers the distribution of assets from your estate will allocate your possessions as you specified. You should periodically review your Will to make sure it is still relevant and accurate. Life changing events, such as the birth of a child or a marriage, may require amendments to the original document.

Philadelphia Pa Last Wills Contests Lawyers

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.

Philadelphia Pa Estate Litigation Lawyers

Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

Philadelphia Pa Estate Taxation Lawyers

When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records. Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.

Philadelphia Pa Guardianships Lawyers

The Pa 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. For the past twenty-five (25) years, Attorney Whalen has built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

Philadelphia Pa Probate Law Lawyers

The Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the 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.

Philadelphia Pa Probate Attorneys Guide

The Philadelphia Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell products.

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.

Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, Quora, and Thumbtack.

John 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.
Mr. Whalen 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 1-484-417-6244.

John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. 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).

Can I Sue My Philadelphia Pa Power of Attorney

Filed Under: Philadelphia Pa Estates Litigation

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Can I Sue My Philadelphia Pa Power of Attorney? – Intro

I explained in Philadelphia Pa Powers of Attorney Lawyers that Philadelphia Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare. A Philadelphia Pa Power of Attorney can grant broad authority or be very limited in scope. Unfortunately, there is so much fraud involved in their usage today.

Can I Sue My Philadelphia Pa Power of Attorney? – Challenge

I have explained in Philadelphia Pa Beneficiary Lawyers, I have represented thousands of beneficiaries during my decades as an Estate Attorney. I can provide the necessary advice to protect your rights in nearly any Pa Estate, Pa Trust, and/or Pa Power of Attorney planning matter. If you suspect that a Pa Last Will, a Pa Trust, and/or a Pa Power of Attorney does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court via a Philadelphia Pa Model Court Accounting. As I stated – and I cannot emphasize this enough – the fraud virtually amounts to outright stealing.

Can I Sue My Philadelphia Pa Power of Attorney? – Document Purposes

A Pa Power of Attorney grants your Pa Agent (Fiduciary) the ability to control all of your affairs. Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare.

It is a very powerful document; it permits your Pa Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away). Yet, inherent in the broad powers that your Pa Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

Can I Sue My Philadelphia Pa Power of Attorney? – Fiduciary Traits

  • Your Agent should be able and willing, first and foremost.
  • Your Agent should also be levelheaded and familiar.

Can I Sue My Philadelphia Pa Power of Attorney? – Common Misconceptions

A common misconception is that a Power of Attorney eliminates your ability to act for yourself.  Quite to the contrary, and until you are deemed to be incapacitated, a Power of Attorney should properly be viewed as a “shared authority.”  After you have executed a Power of Attorney, you still retain all of the powers and decision-making abilities that you possessed beforehand, including the power to revoke the Power of Attorney.

Another common misconception is that your Agent needs your permission to act.  Quite to the contrary, a Power of Attorney is a very powerful document.  It permits your Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away), and, inherent in the broad powers that your Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

A Pa Power of Attorney can grant broad authority or be very limited in scope. I help you prepare for contingencies based on the specific circumstances surrounding you and your loved one. However, generally speaking, powers of attorney address three main areas of concern:

Can I Sue My Philadelphia Pa Power of Attorney? – Notice Provision Requirement

The following shows – in capital letters – what is required by a Philadelphia Pa Agent under a Pa Power of Attorney. I must emphasize that it states that “YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT’S FUNDS.”

wayne-pa-power-of-attorney-notice-lawyers-attorneys-lawyers-law-firms

Can I Sue My Philadelphia Pa Power of Attorney? – Acknowledgement Provision Requirement

Again, the following shows – in capital letters – what is required by a Philadelphia Pa Agent under a Pa Power of Attorney. I must emphasize that it states that “I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY FUNDS.”

wayne-pa-power-of-attorney-acknowledgement-lawyers-attorneys-lawyers-law-firms

Can I Sue My Philadelphia Pa Power of Attorney? – Accountings by Agents, Powers of Attorney

A Durable General Power of Attorney gives an “Agent” power to manage assets. An interested person can Compel the Agent to file a Formal Accounting, explaining every action taken and justifying every expense. In the alternative, in order to obtain a release of liability, an Agent can Assemble, Submit and Defend a Formal Accounting.

Can I Sue My Philadelphia Pa Power of Attorney? – Assembling, Submitting and Defending Accountings for Agents

If you served as an Agent you would be wise to receive a legal release for your service. First of all, long after you have completed your duties the court might force you to file a Formal Accounting if you have no release.

Further, it is better to file your Accounting when you still have the funds to pay for the costs. Delaying may prove costly. Especially relevant, you will personally shoulder the cost to assemble and defend the Formal Accounting.

Has a Beneficiary has obtained a court order compelling you to account? If so, it would be wise to have the Formal Accounting prepared and defended by an experienced Probate and Estates Accounting Lawyer. If you are unprepared, the judge could surcharge you for any amount you cannot properly explain.

Can I Sue My Philadelphia Pa Power of Attorney? – Compelling A Philadelphia Pa Agent To Account

Are you are an interested person who believes an Pa Agent has abused their powers? If so, you may have your experienced Probate and Estates Accounting Lawyer file a Petition forcing the Agent to file a Formal Accounting.

Once filed, the interested parties may Contest and Object to the Accounting. If the judge believes the Agent’s actions wrongfully reduced the estate, then the judge may surcharge the Agent. If the Agent cannot recover the funds, the Agent must replenish the estate with the Agent’s own funds.

Can I Sue My Philadelphia Pa Power of Attorney? – Accountings by Agents, Powers of Attorney

A Durable General Power of Attorney gives an “Agent” power to manage assets. An interested person can Compel the Agent to file a Formal Accounting, explaining every action taken and justifying every expense. In the alternative, in order to obtain a release of liability, an Agent can Assemble, Submit and Defend a Formal Accounting.

Can I Sue My Philadelphia Pa Power of Attorney? – Assembling, Submitting and Defending Accountings for Agents.

If you served as a Philadelphia Pa Agent you would be wise to receive a legal release for your service. First of all, long after you have completed your duties the court might force you to file a Formal Accounting if you have no release.

Further, it is better to file your Accounting when you still have the funds to pay for the costs. Delaying may prove costly. Especially relevant, you will personally shoulder the cost to assemble and defend the Formal Accounting.

Has a Beneficiary has obtained a court order compelling you to account? If so, it would be wise to have the Formal Accounting prepared and defended by an experienced Accounting Lawyer. If you are unprepared, the judge could surcharge you for any amount you cannot properly explain.

Can I Sue My Philadelphia Pa Power of Attorney? – The Pa Statute

In Pennsylvania your duties as agent are specified in the Probate, Estates and Fiduciaries Code. The specific section can be found at Title 20, Chapter 56, Powers of Attorney. Although this section contains all of the rules that apply to Pa Powers of Attorney, the areas I am focusing on in this post are your duties that apply to you as a Pa Agent.

Section 5601.3 of the law (20 Pa. C.S.A. §5601.3) lays out your duties when you are acting as someone’s agent under a Pa Power off Attorney.

  1. (a)  General rule.–Notwithstanding any provision in the power of attorney, an agent that has accepted appointment shall:
    1. (1)  [ … ]
    2. (2)  Act in good faith.
    3. (3)  [ … ]
  2. (b)  Other duties.–Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:
    • (1)  Act loyally for the principal’s benefit.
      • (1.1)  Keep the agent’s funds separate from the principal’s funds unless:
        • (i)  the funds were not kept separate as of the date of the execution of the power of attorney; or
        • (ii)  the principal commingles the funds after the date of the execution of the power of attorney and the agent is the principal’s spouse.
    • (2)  [ … ]
    • (3)  Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances.
    • (4)  Keep a record of all receipts, disbursements and transactions made on behalf of the principal.
    • (5) [ … ]
    • (6) [ … ]

Although I omitted a few provisions of Section 5601.3, the focus of this post was to explain that commingling of assets will most likely create many problems for you. And be sure you read the power of attorney document and understand your duties and responsibilities before you start to act on behalf of your principal. If there is anything you don’t understand, get legal advice up-front not after the fact.

Can I Sue My Philadelphia Pa Power of Attorney Agent? – Conclusion

Pennsylvania law provides that Pa Agents can be called to account for their actions under Pa Powers of Attorney. You may have financial liability if you are unable to adequately demonstrate the propriety of your actions.

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 1-484-417-6244. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. 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).

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2021 Best Lawyer – Bio

John B. Whalen Jr Esq
Born July 14, 1962
Philadelphia Pa Probate Lawyers

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Philadelphia Pa Beneficiary Lawyers

There are many factors that can affect the distribution of estate assets.

Sometimes there may be a Pa Will.

However, in other cases, there may not be a Pa Will at all.

Sometimes there may be a dispute involving the administration of the estate.

For example, a beneficiary may disagree with how the Pa Executor is distributing assets.

Philadelphia Pa Estate Administration Lawyers

Pa Estate Administration is the process of settling a decedent’s affairs.

When a loved one passes away, it can be an emotional time.

In addition to grieving, the survivors must tie up all the legal and financial loose ends.

This includes addressing their Pa Last Will and following its instructions.

Philadelphia Pa Estate Lawyers

In this paragraph, I want to explain that Pa Estate law has many areas of law.

However, all of these areas of law focus on taking care of one’s person and property.

Pa Estate Law involves all of the things that impact how a person makes decisions about their affairs.

Simply stated, an estate is what a person has in their own name alone when they die.

Philadelphia Pa Estate Litigation Lawyers

Generally, most PA Estates are easily settled.

Yet there are times when other factors complicate the issue, which would require more careful consideration.

For example, a family business that holds significant amounts of real estate may become complicated quite quickly.

Thus, estate litigation may come into play.

Philadelphia Pa Estate Planning Lawyers

A Pa Estate Planning attorney can help you create a complete Pa Estate plan.

A Pa Estate plan may include one of many documents. These a Pa Last Will, a Pa Power of Attorney, and a Pa “Living Will.”

Taken together, these documents comprise your Pa Estate plan.

It will protect your spouse and children if you become unable to manage your affairs.

Philadelphia Pa Powers of Attorney Lawyers

A Pa Power of Attorney authorizes another individual to make certain decisions on your behalf.

The Pa Principal signs the document – the Pa Agent accepts the document.

Philadelphia Pa Living Wills Lawyers

“Pa Living Wills” (Pa Advance Directive for Health Care) grants your Pa Surrogate the ability to enforce your end-of-life decisions.

Therefore, should you become unable to speak for yourself, your “Pa Living Will” will explain your desires with you medical treatment.

Philadelphia Pa Trusts Lawyers

Trusts are legal documents that allow you to control how your assets will be allocated or managed.

You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee.

You can also create a revocable trust. This would allow you to cancel or revoke it at any time.

Trusts can be set up for a child’s education or to reduce Federal Estate taxes.

Philadelphia Pa Last Wills Lawyers

A Pennsylvania Last Will is a very important document. It dictates how your assets will be divided when you die.

The Pa Executor administers assets from your estate. He or she will allocate your possessions as you specified.

You should periodically review your Pa Will to make sure it is still relevant and accurate.

Life changing events, such as the birth of a child or a marriage, may require amendments.

Philadelphia Pa Estate Litigation Lawyers

Most estates, especially when there is a proper Pa Will, are easily settled.

Yet there are times when other factors complicate the issue. This then creates a situation that requires more careful consideration.

As examples, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may cause a Pa Estate to complicate quickly.

Philadelphia Pa Estate Taxation Lawyers

A Pa Executor of a Pa Last Will or a Pa Trustee of a Pa Trust has a fiduciary duty.

The financial assets of another person or entity, they have the responsibility of keeping accurate financial records.

The records should show how your money was handled while the fiduciary was in care control.

Therefore, a proper accounting can bring to light the wrongs should an issue arise with an interested party.

Philadelphia Pa Guardianships Lawyers

Human emotions run through the Pa Guardianship process.

Thus, realizing that someone is now incapable of caring for themselves can be difficult to accept.

Philadelphia Pa Probate Law Lawyers

The Pa Probate process, itself, is a very simple process.

However, it is merely the beginning of the Pa Estate Administration process.

It consists of settling all of a decedent’s affairs.

Therefore, it can (and does) involve many other things to do.

Philadelphia Pa Probate Attorneys Guide

The Doylestown Pa Probate Attorneys Guide is the core of this website.

It consists of the best, most important articles on this website.

Their focus is to provide the best and most complete information on a particular topic.

Therefore, the Guide is not intended to sell products.