I am the Executor of a Lehigh County, Pennsylvania estate. Should I be worried about the beneficiaries attempting to surcharge me?
As an executor, you have a duty to take possession of, maintain and administer all the real and personal estate of the decedent. In essence, you must preserve and protect the property for distribution to the proper persons within a reasonable time, in the manner a reasonably prudent person would in their own affairs.
My Mother transferred her Delaware 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.
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.
Peter Klenk is the founding member of Klenk Law, a seven-attorney boutique estate planning law firm. We serve clients in Pennsylvania and New Jersey. Peter Klenk received his Master’s in Taxation, LL.M., from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
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Flora Novick
Fantastically easy and efficient team to work with getting our wills done. We will use Klenk again in the years to come. I highly recommend Peter Klenk.
We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.
Klenk Law was professional in every way. I have already recommended your services to a couple of friends and business associates. I want to personally say "thank you" to the entire staff at Klenk Law.
Klenk was efficient and professional in designing and executing the necessary documents for my trust, will and associated paperwork after my moving to pa from out of state. This allowed an inherently unpleasant responsibility to be completed with minimal agony and diligence. His web site further enables executed document update and distribution with minimal fuss.
I highly recommend this firm. Jackie was a pleasure to work with. I left there’s well educated and had all my questions answered.
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