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Category: Estate Planning

6 Jul, 2015

Can my creditors go after life insurance policy I disclaimed?

From our “Ask a Question” mailbag: Last year, my mother died in Montgomery County and named me as beneficiary of her life insurance. As my children were the contingent beneficiaries, I decided to disclaim the inheritance, so the insurance money passed to my children. I was recently in a car accident. If I am sued, can the plaintiffs claim that life insurance money?

No one can force you to take an inheritance. If you properly disclaimed your interest in the life insurance, then you never received it.

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3 Jul, 2015

Who do I nominate as executor in Bucks County, Pennsylvania?

From our “Ask a Question” mailbag: I live in Bucks County, and my Will names my two children as co-executors. I thought this was a natural thing to do, but my children have not been getting along recently. What are my options?

Naming your children as co-executors when they don’t get along is a bad idea. Co-executors have to work well together and cooperate. Children who are having a dispute can transform a small family squabble into a feud that could last for generations.

You should investigate changing your Will to name another family member or, if you have none that you trust, to name your Bucks County Estate Planning Attorney.

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30 Jun, 2015

Is Long Term Care Insurance a necessity?

Our Ask a Question mailbag often includes reader submissions wondering about whether long term care insurance makes financial sense.

As with all insurance policies, long term care coverage works out to be a great deal — if you actually use it. On the other hand, you could argue that you wasted money if you never have to claim your benefits.

Over the years I have had many Gloucester County clients who died without using their long term care insurance benefits. But there have also been clients who fell ill and, without strong policies in place, would have been forced to leave their homes.

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15 Jun, 2015

Should I appoint my two kids as co-executors of my will in Burlington County?

From our “Ask a Question” mailbag: I am a resident of Burlington County, New Jersey and want to modify my will. My two children are older and I want to name them as co-executors. Is naming my children as co-executors a good idea?

Naming your children as co-executors (or “personal representatives”) of your Will can be a fine idea, or a terrible idea, depending on your children. You need to be honest with yourself about how well your children’s personalities work (or do not work) together.

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9 Jun, 2015

Atlantic County Long Term Care Option – What You Need To Know

Many readers have submitted questions recently about long term care insurance, especially from Atlantic County, New Jersey. Despite all the attention that Atlantic City gets in the news, Atlantic County’s core population mostly lives inland—with over 43,000 residents in Egg Harbor Township alone.

That population’s getting older all the time, too. Compare the 2010 Census results with its predecessor and you’ll see that, as in many parts of the country, citizens aged 65 and older make up a growing percentage of the population.

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8 May, 2015

Do lifetime transfers avoid estate tax in Delaware County, PA?

From our “Ask a Question” mailbox: My father wants to transfer a rental property he owns in Delaware County into my name. If he does, will this gift avoid Pennsylvania Inheritance Tax?

As a Delaware County resident, at your father’s death, all assets he leaves you at death (except life insurance) will be subject to the Pennsylvania Inheritance Tax at the 4.5% children’s rate.

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8 Apr, 2015

Should I appoint my two kids as co-executors of my Will in Camden County?

I am a resident of Camden County, New Jersey and want to modify my Will. My two children are older and I want to name them as co-executors. Is naming my children as co-executors a good idea?

Naming your children as co-executors (or “personal representatives”) of your Will can be a fine idea, or a terrible idea, depending on your children. You need to be honest with yourself about how well your children’s personalities work (or do not work) together.

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4 Apr, 2015

Will transferring a property before death avoid taxes?

My father wants to transfer a rental property he owns in Chester County into my name. If he does, will this gift avoid Pennsylvania Inheritance Tax?

As a Chester County resident, at your father’s death, all assets he leaves you at death (except life insurance) will be subject to the Pennsylvania Inheritance Tax at the 4.5% children’s rate. That includes all gifts made within one year of the date of his death. So, if he transfers the rental property into your name and lives for at least one more year, at his death you will avoid Pennsylvania Inheritance Tax payment.

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3 Apr, 2015

Who should I nominate as executor in Philadelphia County?

I live in Philadelphia County, and my Will names my two children as co-executors. I thought this was a natural thing to do, but my children have not been getting along recently, what are my options?

Naming your children as co-executors when they do not get along is a bad idea. Co-executors have to work well together and cooperate. Children who are having a dispute can make what is a small family dispute into a family feud that lasts generations.

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Maureen O'Ryan

Peter Klenk was great at explaining complicated issues and making them understandable. He and his team were extremely efficient and I highly recommend them for the creation of wills and trusts.

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