Blog & Resources

Where will my Will be probated if I own homes in Pennsylvania, New Jersey or Florida?

What is the impact of dividing your time between homes in Pennsylvania, New Jersey and Florida? For probate purposes, a person has one “legal” home – termed their domicile. Domicile is where you have your true, fixed, permanent home and principal establishment, and to which, whenever you leave, you have the intention of returning. The impact of the domicile location is widespread, from taxes to probate; domicile can affect many aspects of an estate plan.

I am a New Jersey resident serving as the Personal Representative of my mother’s Gloucester County, New Jersey Estate. I hired a Gloucester 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?

As the Personal Representative, the Probate Attorney works for you. You hire the Probate Attorney, and you can fire the Probate Attorney. Many attorneys fail to recognize that we work in a service industry, client satisfaction is important!

My Mother transferred her Chester County home to me two years ago and has 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.

If you have purchased a home, you likely remember that the seller has a duty to disclose material defects. The failure to do so can constitute fraud, negligent misrepresentation or violate Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. But what exactly is a material defect? The Pennsylvania Supreme Court recently grappled with this issue in Milliken v. Janoco, a decision that failed to broaden the definition to include “psychological stigmas”.

As the executor of an estate, your expenses incurred in handling the estate are reimbursed from the estate assets. Typical examples are filing fees, parking fees, and money that you pay to have the estate assets secured or cleaned. You are also reimbursed for reasonable travel costs that were incurred only because of the estate.

I am the co-executor of my Mother’s Bucks County, Pennsylvania estate, along with her attorney. What fee can he charge?

First, if your Mother’s attorney is serving as the executor and will also be providing your mother’s estate legal services in Bucks County, the attorney should not be charging both an executor’s fee and a fee for legal services based solely on a percentage of the estate.

As the executor of an estate in Burlington County, NJ, your expenses incurred in handling the estate are reimbursed from the estate assets. Typical examples are filing fees, parking fees, and money that you pay to have the estate assets secured or cleaned. You are also reimbursed for reasonable travel costs that were incurred only because of the estate.

My mother transferred her Montgomery 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 two years ago, it will not be subject to the Pennsylvania Inheritance Tax.

I am the Executor of my Brother’s Burlington County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as Executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?

This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.

First, if your Mother’s attorney is serving as the executor and will also be providing your mother’s estate legal services in Philadelphia County, the attorney should not be charging both an executor’s fee and a fee for legal services based solely on a percentage of the estate.