Category: Philadelphia Pa Attorneys Probate

Deed Transfers Philadelphia Pa – Introduction

Property deed transfers are a fundamental aspect of real estate transactions, serving as the official record of ownership change.

In Pennsylvania, the importance of a deed transfer cannot be overstated – it not only documents the transfer of property rights but also ensures that all legal requirements are met to validate the change in ownership.

A deed, in its essence, is a legal instrument that, when executed correctly, provides a new owner with the title to real estate, effectively transferring the rights, titles, and interests in the property from the seller to the buyer.

Deed Transfers Philadelphia Pa – What should go in a deed?

• Description: A deed should express the description of the property involved. A property will include what is called metes and bounds descriptions. These tell you how far the property extends on each edge and sometimes include entertaining descriptions of the properties such as “from the stone by old farmer Johnson’s tree down to the lake.” Obviously in modern times, we have more precise ways of measuring boundaries, but sometimes these funny and strange descriptions survive into deeds today.
• Parties: Once the deed has been drafted with a deed description, it should also include who it is from and who it is to. This might read, “From Bob Smith, Grantor, to Joe and Sarah Jones, husband and wife, Grantees.” How the Grantees are listed can have profound legal implications.
• Interests: Furthermore, a deed should include the property interest involved. If the property is conveyed to several people, there are three ways they can own it. They can own the property as tenants in common, joint tenants, or as tenants by the entirety. There are advantages and disadvantages to each of these.
• Warranties: In addition, the deed usually lists warranties on the property, if there are any, such as what steps the seller will take if a title dispute happens in the future based on the seller’s ownership.
• Tax Exemption: The deed will also list whether the property is tax exempt or not. Transfer tax is due in Pennsylvania on most transfers of property. This tax is usually 2% of the property value or sales price (whichever is greater), but some transfers are exempt.
• Signatures: Finally, the deed will also have a signature line and require a notary.

Once it is drafted, the deed should be recorded with the register of wills in the county in which the property sits. Property that sits across a county line may need to be recorded in both counties.

Deed Transfers Philadelphia Pa – Requirements to Transfer

Most of the time, you will need to have a deed drafted who is transferring the property and to whom, and the legal description of the property.

Once you have the deed in your possession, you might want to sell the property. By doing so, the deed must be legally transferred from the current owner to the future owner without imperfections. This is why it is important to have an experienced attorney draft and file the deed on your behalf

Deed Transfers Philadelphia Pa – Recorder of Deeds

• Recorder of Deeds Philadelphia Pa
• 1400 John F. Kennedy Blvd
• Philadelphia, PA 19107
• Monday though Friday 8:00 am to 4:00 pm
• 215-686-1483

Deed Transfers Philadelphia Pa – Costs of Transfer

The filing fees of deed transfers in Pennsylvania will depend on:

• Who the parties are
• The value of the property
• Whether the filing is tax exempt
• These filing fees do not include attorney fees for the drafting of the documentation.

Deed Transfers Philadelphia Pa – Jurisdictions

The 50 states follow different laws regarding deeds.

Pennsylvania is a “race jurisdiction,” rather than a “notice jurisdiction.”

Pennsylvania’s law falls under what scholars call a “race jurisdiction.” This means that deeds that are recorded first in time are presumptively valid. In other words, unlike in Monopoly, it doesn’t help to simply have a physical deed; you have to actually record your deed at the Courthouse.

This prevents fraud on future buyers. By being able to run the subject property through a deed search with the County Recorder of Deeds, a buyer (or a title company) knows whether a would-be seller really owns the property they are offering to sell.

The other type of state rule is the “notice jurisdiction.”This allows that one doesn’t have to record a deed—but the deed is still valid against future buyers. Pennsylvania does not follow this rule.

Deed Transfers Philadelphia Pa – Conclusion

• Preparation of the deed document. This ensures an accurate reflecting the transfer details.
• Ensuring all parties correctly sign the deed, adhering to state-specific requirements.
• Paying applicable transfer taxes and fees.
• Recording the deed with the local county recorder’s office to make the transfer public record.

Probate Wills Erie Pa – Intro

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

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

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

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

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

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

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

1. Probate Wills Erie Pa – Definitions

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

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

2. Probate Wills Erie Pa – Misunderstandings

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

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

Probate Wills Erie Pa – Register of Wills

1. Probate Wills Erie Pa – Documents

You will need the following documents:

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

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

2. Probate Wills Erie Pa – Location

• Erie Pa Register of Wills
• 140 W 6th St #122
• Erie, PA 16501
• Monday thru Friday 8:00 am to 4:30 pm
• (814) 451-6260

3. Probate Wills Erie Pa – Short Certificates

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

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

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

Probate Wills Erie Pa – Executor Duties

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

1. Probate Wills Erie Pa – Initial

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

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

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

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

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

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

2. Probate Wills Erie Pa – Inventory & Assets

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

3. Probate Wills Erie Pa – Estate Bank Account  

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

Probate Wills Erie Pa – Taxes

1. Probate Wills Erie Pa – Taxes Intro

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

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

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

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

2. Probate Wills Erie Pa – Intro

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

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

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

3. Probate Wills Erie Pa – Rates

The rates for Pennsylvania inheritance tax are as follows:

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

4. Probate Wills Erie Pa – Due

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

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

5. Probate Wills Erie Pa – Expenses

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

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

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

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

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

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

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

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

Probate Wills Erie Pa – Debts

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

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

Probate Wills Erie Pa – Close

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

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

Probate Wills Erie Pa – Conclusion

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

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

Related Posts

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

Probate Wills Allentown Pa – Intro

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

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

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

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

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

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

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

1. Probate Wills Allentown Pa – Definitions

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

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

2. Probate Wills Allentown Pa – Misunderstandings

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

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

Probate Wills Allentown Pa – Register of Wills

1. Probate Wills Allentown Pa – Documents

You will need the following documents:

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

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

2. Probate Wills Allentown Pa – Location

• Allentown Pa Register of Wills
• 455 Hamilton St
• Allentown, PA 18101
• Monday thru Friday 8:00 am to 4:30 pm
• (610) 782-3170

3. Probate Wills Allentown Pa – Short Certificates

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

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

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

Probate Wills Allentown Pa – Executor Duties

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

1. Probate Wills Allentown Pa – Initial

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

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

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

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

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

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

2. Probate Wills Allentown Pa – Inventory & Assets

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

3. Probate Wills Allentown Pa – Estate Bank Account  

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

Probate Wills Allentown Pa – Taxes

1. Probate Wills Allentown Pa – Taxes Intro

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

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

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

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

2. Probate Wills Allentown Pa – Intro

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

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

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

3. Probate Wills Allentown Pa – Rates

The rates for Pennsylvania inheritance tax are as follows:

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

4. Probate Wills Allentown Pa – Due

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

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

5. Probate Wills Allentown Pa – Expenses

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

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

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

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

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

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

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

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

Probate Wills Allentown Pa – Debts

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

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

Probate Wills Allentown Pa – Close

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

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

Probate Wills Allentown Pa – Conclusion

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

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

Related Posts

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

Probate Wills Pittsburgh Pa – Intro

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

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

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

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

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

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

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

1. Probate Wills Pittsburgh Pa – Definitions

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

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

2. Probate Wills Pittsburgh Pa – Misunderstandings

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

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

Probate Wills Pittsburgh Pa – Register of Wills

1. Probate Wills Pittsburgh Pa – Documents

You will need the following documents:

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

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

2. Probate Wills Pittsburgh Pa – Location

• Pittsburgh Pa Register of Wills
• 414 Grant St
• Pittsburgh, PA 15219
• Monday thru Friday 8:30 am to 4:30 pm
• (412) 350-4180

3. Probate Wills Pittsburgh Pa – Short Certificates

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

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

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

Probate Wills Pittsburgh Pa – Executor Duties

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

1. Probate Wills Pittsburgh Pa – Initial

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

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

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

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

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

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

2. Probate Wills Pittsburgh Pa – Inventory & Assets

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

3. Probate Wills Pittsburgh Pa – Estate Bank Account  

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

Probate Wills Pittsburgh Pa – Taxes

1. Probate Wills Pittsburgh Pa – Taxes Intro

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

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

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

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

2. Probate Wills Pittsburgh Pa – Intro

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

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

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

3. Probate Wills Pittsburgh Pa – Rates

The rates for Pennsylvania inheritance tax are as follows:

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

4. Probate Wills Pittsburgh Pa – Due

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

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

5. Probate Wills Pittsburgh Pa – Expenses

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

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

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

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

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

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

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

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

Probate Wills Pittsburgh Pa – Debts

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

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

Probate Wills Pittsburgh Pa – Close

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

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

Probate Wills Pittsburgh Pa – Conclusion

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

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

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Probate Wills Philadelphia Pa – Intro

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

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

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

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

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

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

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

1. Probate Wills Philadelphia Pa – Definitions

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

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

2. Probate Wills Philadelphia Pa – Misunderstandings

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

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

Probate Wills Philadelphia Pa – Register of Wills

1. Probate Wills Philadelphia Pa – Documents

You will need the following documents:

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

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

2. Probate Wills Philadelphia Pa – Location

• Philadelphia Pa Register of Wills
• 180 City Hall, Philadelphia, PA 19107
• Philadelphia, PA 19107
• Monday thru Friday 8:00 am to 4:30 pm
• (215) 686-6250

3. Probate Wills Philadelphia Pa – Short Certificates

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

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

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

Probate Wills Philadelphia Pa – Executor Duties

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

1. Probate Wills Philadelphia Pa – Initial

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

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

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

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

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

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

2. Probate Wills Philadelphia Pa – Inventory & Assets

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

3. Probate Wills Philadelphia Pa – Estate Bank Account  

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

Probate Wills Philadelphia Pa – Taxes

1. Probate Wills Philadelphia Pa – Taxes Intro

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

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

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

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

2. Probate Wills Philadelphia Pa – Intro

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

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

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

3. Probate Wills Philadelphia Pa – Rates

The rates for Pennsylvania inheritance tax are as follows:

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

4. Probate Wills Philadelphia Pa – Due

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

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

5. Probate Wills Philadelphia Pa – Expenses

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

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

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

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

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

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

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

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

Probate Wills Philadelphia Pa – Debts

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

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

Probate Wills Philadelphia Pa – Close

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

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

Probate Wills Philadelphia Pa – Conclusion

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

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

Related Posts

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

Powers of Attorney State College Pa – John B Whalen Jr Esq

John B. Whalen, Jr., JD., LL.M., is 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 and, Nolo.

Mr. Whalen serves all counties, on all 7 days, at all hours. He provides free initial consults, and can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.

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).

Powers of Attorney State College Pa – Intro

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 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.

Powers of Attorney State College Pa – 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).

Powers of Attorney State College Pa – Fiduciary Traits

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

Powers of Attorney State College Pa – Notice

Be aware that a Power of Attorney must comply with Pennsylvania’s Power of Attorney laws (April, 2000), and begin with a Notice page.

The Notice page must be in capital letters.

The Notice page explains and warns the rules surrounding the immense power of a Power of Attorney and the corresponding authority of the Agent.

Powers of Attorney State College Pa – Caution

If you executed a Power of Attorney prior to that date (April, 2000), and the Power of Attorney does not contain the Notice page, it is defective and will most likely cause more problems that it should be able to solve.

Powers of Attorney State College Pa – Warning

Pennsylvania Estate Law, Estate Planning, Estate Administration, Fiduciary Accounting, and Fiduciary Taxation are extremely complex areas of law.

“The difference between the almost right word and the right word is really a large matter – it’s the difference between the lightning bug and the lightning.” (Mark Twain).

Whether you are a Pa Agent (under a Pa Power of Attorney), a Pa Surrogate (under a Pa Living Will), a Pa Trustee (under a Pa Trust), and/or (most importantly) a Pa Executor (under a Pa Last Will), you will ultimately be responsible for any and all problems, mistakes, and unpaid taxes.

Please also be aware that, when it comes to tax returns that were not filed, there is no statute of limitations – meaning that you could receive notice that taxes were due, but not paid, and are still currently due.

Lastly, and most importantly, if you retained a professional (i.e., a lawyer, an accountant, etc.), call that professional and ask them what is the status of anything with which they assisted you. They should be able to give you accurate, precise, and immediate answers to any of your concerns.

If they do not, please be forewarned.

You may want to seek assistance elsewhere.

In keeping with Mark Twain’s quote, let’s try to separate the lightning bugs from the lightning.

Powers of Attorney State College Pa – HIPAA

HIPAA is vast.

Congress enacted The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) on August 21, 1996. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is enormous and complex.

Powers of Attorney State College Pa – Concerns

One of its critical concerns was protecting the privacy of the average American citizen. Prior to HIPAA’s enactment, medical records had become increasingly accessible as a result of technological advances that contributed widespread information sharing.

HIPAA targeted the potential for fraudulent or improper disclosure and transmission of medical records. In doing so HIPAA has created a challenge for lawyers in Pennsylvania who seek to protect the rights of clients who need to exercise Powers of Attorney for their loved ones within the HIPAA environment.

Powers of Attorney State College Pa – The Privacy Rules

One of HIPAA’s requirements was the establishment of the Privacy Rules.

Prior to the HIPAA Privacy Rules (which were enacted in their current form on August 14, 2002), there was a confusing mélange of federal and state laws to govern the transmission of, and access to, health information.

Under these pre-existing laws, an individual’s health information could be shared freely between doctors, hospitals, insurers, and third party payers, without either notice to, or authorization from, the individual.

Consequently, the HIPAA Privacy Rules set federal minimum standards for the disclosure of an individual’s private health information.  The rules attempt to strike a balance between the necessary disclosures of health care information and the privacy interests of those who seek medical care.

Given that the health care marketplace is diverse, the rules are designed to be flexible and comprehensive to cover the variety of uses and disclosures that need to be addressed.

Powers of Attorney State College Pa – Powers of Attorney

A Pa Power of Attorney is a document 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.

Historically, health care providers have accepted Powers of Attorney readily, without questioning their validity.

In the post-HIPAA world, however, one can expect a higher level of scrutiny. In fact, the HIPAA Privacy Rules can potentially create a conflict with respect to the traditional language of Powers of Attorney. Thus, to be effective, Powers of Attorney should be drafted to comply with the requirements of the Privacy Rules.

The Privacy Rules protect all individually identifiable health information (defined as Protected Health Information or PHI) of an individual held or transmitted by covered entities (defined as health care providers who transmit any health information in electronic form).

Although the Privacy Rules allow certain uses and disclosures of such information without the consent of the Individual or that Individual’s Personal Representative (defined as a person who has the present authority to make health care decisions for that Individual), the HIPAA Privacy Rules, with few exceptions, proscribe the disclosure of PHI unless the Individual or the Personal Representative authorizes it in writing.

Powers of Attorney State College Pa – Granting of Authority

Pa Powers of Attorney are designed to allow an individual the ability to grant authority to another in order to allow the Pa Agent to act on behalf of the Principal.

They can be drafted to be effective now (current powers) or effective in the future occurrence of a specific event (springing powers).

Pennsylvania law (20 Pa.C.S. § 5602(h) and (i)) allows the Principal under the Power of Attorney to grant the Agent the power to authorize “my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care and the power to authorize medical and surgical procedures.”

While Powers of Attorney can be drafted to provide for a wide variety of situations, this article is limited to the impact that the Privacy Rules have on General Durable Powers of Attorney that are presently effective.

If a Power of Attorney grants the Agent the present ability to make health care decisions on behalf of the Principal, the Agent qualifies as the Personal Representative under the HIPAA Privacy Rules.

However, if a Power of Attorney does not grant the Agent the present ability to make health care decisions on behalf of the Principal to the Agent, the Agent is not considered the Personal Representative under the HIPAA Privacy Rules, regardless of the scope of the health and medical authority otherwise granted to the Agent.

In order to be effective under HIPAA, the specific authority granted to the Personal Representative (Agent) under the state defined Power of Attorney rules thus must be consistent with the definition of Personal Representative under the federally defined HIPAA Privacy Rules.

Under the Privacy Rules, a Power of Attorney that is intended to allow the Personal Representative (Pa Agent) the power to access medical records, to authorize information disclosures, and to participate in medical decisions on behalf of the Principal, but not drafted to allow the Personal Representative (Agent) the presently effective power to make health care decisions on behalf of the Principal, may be technically deficient.

Consequently, the Pa Agent may lack the critical necessary powers to act on behalf of the Principal in time of need.

Although some health care professionals may rely upon a Power of Attorney that is not drafted to comply with the Privacy Rules, they do so at their own peril.

Powers of Attorney State College Pa – The Effective Clause

To address this issue of presently effective powers, I use the following clause in clients’ Durable General Powers of Attorney, as well as in Advance Directives for Health Care:

“to have and utilize the presently effective power and authority to act in accordance with and pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), its attendant Privacy Rules, 45 CFR Part 164, and/or other federal and state legislation, by having the presently effective power and authority to make any and all health care decisions on my behalf; to give informed consent for any and all health care decisions on my behalf; to be deemed to be my Personal Representative; to act in any and all matters as my Personal Representative; to obtain any and all of my Protected Health Information; to consent to the disclosure and use of any and all of my Protected Health Information; and to have the presently effective power and authority to effectuate any and all of the above.”

Please remember that this article is limited to the impact that the HIPAA Privacy Rules have on General Durable Powers of Attorney that are presently effective.

In light of the fact that the determination of capacity is central to the effectiveness of a Pa Power of Attorney (as well as to many other legal documents), the HIPAA Privacy Rules should not create problems for health care purposes if the Pa Agent possesses the presently effective ability to make health care decisions on behalf of a Pa Principal.  With a properly drafted Pa Power of Attorney, if the Principal becomes incapacitated, the authority of the Agent is not interrupted.

Conversely, the authority of the Pa Agent will be interrupted if the Pa Power of Attorney is not presently effective and a determination of capacity is required to be made.  This situation exists, for example, when an Pa Agent is to act under a Springing Power of Attorney or when a Successor Trustee is to act under a Trust Agreement.

As these scenarios are outside the realm of this article, I would suggest referring to the article, HIPAA-POA: The Effect on Healthcare Power of Attorney by Stephen H. Frishberg, Esquire. This article is contained in the PBI Publication No. 2004-3355, 11th Annual Estate Law Institute.

Stay ahead of the HIPAA Privacy Rules

Estate planners must stay ahead of the basic definitions and tenets of the HIPAA Privacy Rules.

Knowledge of the precise meanings of Protected Health Information, Personal Representative, and other HIPAA terms, and how they impact our practice are fundamental to our role as counselors.

A Power of Attorney is a highly effective document when drafted correctly.

Only with the proper wording in light of HIPAA, the Privacy Rules, and the changing practice of today’s health care profession, will the Power of Attorney remain the powerful tool it is mean to be.

Powers of Attorney State College Pa – 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).

Powers of Attorney State College Pa – Three Areas

• Financial management
• Representation for legal matters
• Authority to make medical decisions

Powers of Attorney State College Pa – Financial management

When your loved one is incapacitated, bills and taxes still come due. Your loved one may have financial assets, such as stocks, stock options, bonds, or royalties, which require oversight. Having the authority to manage your loved one’s finances if necessary provides greater financial security. Older adults who are forgetful or susceptible to phone scams can also benefit from a loved one overseeing their bank accounts.

To protect your loved ones, you need clear legal authority to make decisions if they are unable to do so. John B. Whalen, Jr. Esq. can help you draft and execute Pa Power of Attorney documents so you can be certain about your authority when a loved one needs you most.

Powers of Attorney State College Pa – Representation for legal matters

Small business owners and individuals involved in litigation are faced with numerous choices. These decisions, which must often be made on a daily basis, can have serious consequences. Even if your loved one is not ready to step away from day-to-day management of business and legal matters, executing power of attorney is a prudent contingency plan.

Powers of Attorney State College Pa – Authority to make medical decisions

When a medical crisis strikes, many families are unsure about the extent of lifesaving treatment the injured or ill person would have wanted. Every adult should have a medical directive explaining their wishes clearly and specifying someone to carry out their desires when they can’t communicate.

Powers of Attorney State College Pa – Reluctant Seniors

Sudden illness or injury can leave anyone totally incapacitated. Or, the infirmities of age can compromise an older adult’s ability to fully function independently. Under such circumstances, concerned loved ones may feel compelled to act, but may lack the legal authority to do so. This can delay essential care, threatening your loved one’s health and welfare when he or she is most vulnerable.

It can be difficult to talk to a senior loved one about the need for power of attorney documents. Many are loathe to admit they may need assistance, especially from their children, and are uncomfortable even considering a reversal of roles which puts them under their children’s authority. I am very familiar with this dynamic, and can advise you on effective ways to broach the subject with your elder loved ones.

A loved one’s illness, injury or infirmity can leave them vulnerable to financial losses and serious threats to their health. A carefully drafted power of attorney can give you and your loved one greater peace of mind.

Powers of Attorney State College Pa – Petitions for Accounting

Petition for Accounting – An agent must file an account of the agent’s administration whenever directed to do so by the court and may file an account at any time. This section does not mandate that the request for an accounting be initiated by a party with standing (In re Nadzam, 203 A.3d 215 [Pa. Super. Ct. 2019]).

• Orphans Court State College Pa
• 414 Holmes St
• Bellefonte, PA 16823
• Monday thru Friday 8:30 am to 5:00 pm
• (814) 355-6724

The orphans’ court has power to direct the filing of an account as part of its oversight of decedents, estates, and fiduciaries. Upon request by the principal, a guardian, conservator, other fiduciary or by court order, the agent must disclose receipts disbursements or transactions conducted on behalf of the principal. The agent has 30 days to comply with the request or provide a writing substantiating the reason additional time is needed.

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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. 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).