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Category: Probate and Estate Administration

Is there a statute of limitations for creditors to come forward in Chester County, PA?

Posted on Mon Jul 6, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I am the executor of my Father’s estate in Chester County, Pennsylvania. I want to distribute the estate assets according to the will. Is there a statute of limitations, or a time period for creditors making claims against the estate? If I distribute the assets, can I be held responsible if creditors make a claim?

First, your father’s death did not end his obligation to pay unpaid bills. By taking on the job of Executor you have the power and responsibility to assemble his assets and pay those bills. Compared to other states, Pennsylvania is rather creditor-friendly. If you have notice of a creditor, you are expected to address the claim.

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What happens after I sign a release sent by an Executor?

Posted on Thu Jul 2, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: The attorney handling my uncle’s Delaware County estate mailed me a Receipt, Release, Refunding and Indemnification Agreement. The release document includes no details about how much he spent or other expenses. If I sign this, do I waive my rights to ask any questions?

A Receipt, Release, Refunding and Indemnification Agreement is a probate tool that allows the executor to distribute estate funds to a beneficiary with the promise from the beneficiary to return the funds if it later turns out they were distributed in error. The same form can contain language that, if you sign, means that you agree to take the funds without an accounting and waive your rights to ask future questions.

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Who pays the funeral bill in Bucks County?

Posted on Mon Jun 29, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My father died in Bucks County, divorced from my mother and without a will. I have one sister who is younger than me. As the oldest child, the funeral director is billing me! Am I responsible for the bill?

When someone dies, the deceased’s family will typically make arrangements with the funeral director to pay the bill themselves, then get reimbursed by the estate.

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Is there any inheritance tax on real estate transfers in Philadelphia?

Posted on Fri Jun 19, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My mother transferred her Philadelphia County home to me two years ago. She recently died. I am going to sell the house soon, but do I have to pay Pennsylvania Inheritance Tax?

Not in your case. The Pennsylvania Inheritance Tax of 4.5% applies to transfers to children at death, and includes all gifts made within one year of the date of death. If the house was transferred properly into your name 2 years ago, it will not be subject to the Pennsylvania Inheritance Tax.

Klenk Law

What’s the statute of limitation for estate creditor claims in Lehigh County?

Posted on Fri Jun 19, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I am the executor of my Father’s estate in Lehigh County, Pennsylvania. I want to distribute the estate assets according to the will. Is there a statute of limitations, or a time period for creditors making claims against the estate? If I distribute the assets, can I be held responsible if creditors make a claim?

As you’ve guessed, your Father’s death did not end his obligation to pay unpaid bills. By taking on the job of Executor, you gain the power and responsibility to assemble his assets and pay those bills. Compared to other states, Pennsylvania is rather creditor-friendly. If you have notice from a creditor, you are expected to address the claim. That being said, creditors cannot wait forever to make their claim. You trigger a one-year statute of limitations period for claims when you properly advertise the estate.

Klenk Law

Probating a Gloucester Estate with Few Assets

Posted on Thu Jun 18, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My entire life, I have lived in Gloucester County, New Jersey. My parents also lived in Gloucester City. My father died two years ago, and my mother passed away last week. I was an only child, everything in my mothers Will was left to me, and I am executor. Do I need to probate her will or open an estate? Her only assets were our family home valued at $600,000 and her car.

The short answer is no, you can not transfer the deed without going through probate. In New Jersey, there are only a few cases where there is no need to probate a will. The two most common situations are:

when a person dies with no individually held assets or
an individual dies with no assets whatsoever.

Klenk Law

How can I sell a parent’s house after death in Atlantic County?

Posted on Wed Jun 17, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My mother passed away in Atlantic County, New Jersey. She was divorced, with four children, leaving no will. She only owned a house, but it has a mortgage taken out by her boyfriend. How do we sell the house?

When a person dies as a resident of New Jersey without a will, they die “intestate.” New Jersey has a set of rules that dictate who has the right to petition the Atlantic County Surrogate to be named the Administrator of an intestate estate. In your case, all four children have this right.

Klenk Law

Can I close my mother’s Lehigh County estate if I’m facing embezzlement claims?

Posted on Tue Jun 16, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I have served as the Executor for my mother’s Lehigh County estate for over a year and wish to close the estate. However, my brother claims that I have embezzled money from the estate. This is ridiculous, but how can I close the estate while he makes these claims?

As the executor, you could make an “at risk” distribution of the estate assets. This means you distribute the money without getting a release. This is not advisable, as your brother could then use his inheritance to hire a Lehigh County Orphans’ Court Lawyer to force you to file a formal account. Because you would have distributed the estate funds, this cost would have to come out of your pocket.

Klenk Law

Can a beneficiary require me to open up a formal accounting after closing an estate in Camden County?

Posted on Tue Jun 16, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I served as Executor of my Mother’s estate last year in Camden County, and I obtained releases from all of the Estate’s beneficiaries. Now, one of the beneficiaries who signed a release filed a petition asking me to account. Do I need to Account? What should I do?

The short answer is no, that beneficiary cannot require you to file an accounting.

Unless there are some exceptional circumstances, the Beneficiary waived their right to ask for an accounting after signing the release. In Camden County, unless special cause is shown, an executor typically can be called to account one year after his or her appointment in office.

Klenk Law

How to fire an estate attorney in Atlantic County?

Posted on Fri Jun 5, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: I am a New Jersey resident serving as the Personal Representative of my mother’s Atlantic County, New Jersey estate. I hired a Atlantic County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?

We hear questions like these more often than you might think, especially from families who have never really required the services of a skilled attorney. Hiring a lawyer can be intimidating, and it’s especially hard to focus on day-to-day tasks when you’re also dealing with grief. However, customer service means everything in every industry, especially ours. It’s not enough to assume that your probate attorney’s going to do their job if they’re seemingly too busy to communicate with you.

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