Blog & Resources

From our “Ask a Question” mailbag: My mother died and left us her house. We got two appraisals, which were near the value listed for real estate taxes. Then, we received a cash offer for a higher amount. Do we pay taxes on the appraisal amount, or the amount we will now sell the house for?

You have an argument for both values, but be careful! The Pennsylvania Inheritance Tax is based on the value of the house on the date your mother died. So, you could argue that the appraised value is correct and that the house simply went up in value after her death. This would mean listing a smaller number on the Pennsylvania Inheritance Tax Return, which you would think means less tax.

Not necessarily so!

From our “Ask a Question” mailbag: I am the executor of my father’s estate and it is pretty straightforward, but I need some help completing the Pennsylvania Inheritance Tax return. Can you just help me finish that return?

From our “Ask a Question” mailbag: The lawyer serving as the executor for my mom’s Montgomery County estate has sent me documents called an Informal Account and a Receipt, Release, Refunding and Indemnification Agreement. If I sign this, do I waive my rights to ask any questions?

As a beneficiary of your mom’s estate, you have the legal right to have a Probate Attorney ask the executor to file an accounting with the Montgomery County Orphans’ Court. But, the cost of compiling the accounting will be paid out of estate funds. Which will reduce the pool available for distribution to the estate’s beneficiaries.

From our “Ask a Question” mailbag: My husband died a resident of Gloucester County without a will. All his assets were owned jointly with me. This week, I received a form letter in the mail from a creditor saying they had issued a statement and proof of claim against my husband’s estate. Also, they requested immediate payment in full. It is addressed to his estate, but came in the mail to me. What should I do?

When someone dies without a will and all their assets are held jointly with a spouse, there is no need to file a will as the assets pass to the surviving spouse because of the joint ownership. That being said, avoiding probate by using a joint ownership does not mean that he avoided his creditors.

From our “Ask a Question” mailbag: My father died a resident of Burlington County, New Jersey. I live in California. His only asset was his bank account, and I am his only child, but the bank will not give me the account. They say I need to get a certified certificate from the Surrogate. Why is this?

When someone dies a resident of New Jersey, their assets pass to other persons or entities either under their will or, if they have no will, by the New Jersey rules of intestacy.

The bank has no idea who should get those funds in his account, as your father could have a will giving them to anyone

From our “Ask a Question” mailbag: My father died a resident of New Jersey, but I live in Florida and have trouble traveling. Can I be sworn in as Personal Representative outside New Jersey?

It is possible to make arrangements for you to be sworn in as a New Jersey Personal Representative by the Surrogate of your county in Florida. This takes a bit more time and expense, but is cheaper than flying back and forth to New Jersey.

From our “Ask a Question” mailbag: My mother died late last year a widow survived by my sister and me. Her will named me as executor and divided all assets equally between my sister and me. Right after the funeral, my sister drove to my mother’s house and took all the jewelry and refuses to return any of it. What can I do?

As executor, you have a few options. The right answer will depend on how much conflict you wish to have with your sister. (Although, conflict might be unavoidable at this point.)

From our “Ask a Question” mailbag: Before she died, my mother-in-law lived in my Bucks County, Pennsylvania house and required round-the-clock care, which I provided. My husband’s brother and sister did not even visit. Now that she has died, her estate is being divided up between the children. They refuse to compensate me for all the work I did caring for their mother. Can I make a claim to be paid?

Your mother-in-law’s estate is to be divided up between the heirs as her will dictates, or through the rules of intestacy if she had no will. Prior to the division of the assets, all creditors must be paid.

From our “Ask a Question” mailbag: My stepfather died about a year ago and left me a very nice truck in his will. The executor stopped taking my calls about when I would get the truck. I just found out he used the truck to haul his boat on a recent fishing vacation. How do I get the executor to give me my inheritance?

Just when I think I’ve heard it all about bad executors, you give me a story of an executor who drives estate assets on his own fishing trip.

From our “Ask a Question” mailbag: I have served as the Executor for my sister’s Chester County estate for over a year and want to close the estate. Her son claims that I have embezzled money from the estate. This is ridiculous. 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 your nephew’s agreement. This is not advisable, as your nephew could then use his inheritance to hire a Chester County Orphans’ Court Lawyer and force you to file a formal account.