Blog & Resources

My father, an Atlantic County, New Jersey resident, is planning to leave me an inheritance in his Will. I have substantial creditor problems. If my father dies, can I disclaim my inheritance so it passes to my children?

In New Jersey, a disclaimer is an heir’s legal refusal to accept a gift or a bequest. In other words, you can’t force someone to accept a gift. If a Will names someone an heir or if a life insurance policy names a beneficiary, that heir or beneficiary cannot be “forced” to accept the gift. If the heir or beneficiary legally and properly refuses the gift, it is called a “disclaimer.”

At Klenk Law we are often asked to incorporate our client’s religious principles into their estate plan. Recently we have noticed a significant increase of inquiries regarding Sharia Compliant Wills, which is an excellent topic for discussion.

My husband died recently a resident of Bucks County, Pennsylvania. We had a house owned as tenants in the entireties. I wish to remove his name from the deed, how can I do this?

In Bucks County, there is generally no need to remove your Husband’s name from the Deed upon his death. In your situation, as tenants by the entirety, when you choose to sell the house, you can simply provide his death certificate and have his name removed when the new deed is filed.

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

As a Bucks 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.

My father, a Gloucester County, New Jersey resident, is planning to leave me an inheritance in his Will. I have substantial creditor problems. If my father dies, can I disclaim my inheritance so it passes to my children

In New Jersey, a disclaimer is an heir’s legal refusal to accept a gift or a bequest. In other words, you can’t force someone to accept a gift. If a Will names someone an heir or if a life insurance policy names a beneficiary, that heir or beneficiary cannot be “forced” to accept the gift. If the heir or beneficiary legally and properly refuses the gift, it is called a “disclaimer.”

When an Administrator files a Will for probate in Chester County, it may not be the only document the Register of Wills considers. Other documents previously unknown to the beneficiaries of the Will can have a profound influence on the disposition of the decedent’s property.

Some people believe they can disinherit their spouse simply by cutting them out of their Will. Those people should think again. In Pennsylvania, as in many states including New Jersey and Florida, a widowed spouse has the right to take under the deceased’s Will, or if they deem that as insufficient, an elective spousal share estate determined by law.

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

As a Montgomery 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.

My father, a Camden County, New Jersey resident, is planning to leave me an inheritance in his Will. I have substantial creditor problems. If my father dies, can I disclaim my inheritance so it passes to my children?

In New Jersey, a disclaimer is an heir’s legal refusal to accept a gift or a bequest. In other words, you can’t force someone to accept a gift. If a Will names someone an heir or if a life insurance policy names a beneficiary, that heir or beneficiary cannot be “forced” to accept the gift.

Dying in New York is about to become significantly cheaper. New legislation has been enacted to increase the New York estate tax exemption over the next 5 years. Although most people never think about State estate taxes, for most estates they outweigh any potential Federal tax owed.