Posted on Thu Aug 25, 2016, on SLAT Spousal Limited Access Trust
From Our “Ask a Question” mailbag: “What is a Spousal Limited Access Trust?”
A Spousal Lifetime Access Trust, or SLAT, holds and shelters your gifts for your spouse’s benefit.
Posted on Wed Aug 17, 2016, on Probate and Estate Administration
From Our “Ask a Question” mailbag: “My Uncle died 4 months ago in Burlington County, New Jersey. I am in the Will. How long does it take to get an Inheritance?”
The time it takes to get an inheritance can vary widely between estates in New Jersey. Many factors that can impact a Personal Representative. The concern I have is that the Personal Representative is not adequately communicating his or her plan of action. An Executor or Personal Representative should clearly communicate to you an estimate of when you are receiving your inheritance.
Posted on Mon Aug 15, 2016, on Will Contests and Will Challenges
From Our “Ask a Question” mailbag: My sister died recently in Montgomery County, PA, and her boyfriend is filing a forged will. Can I bring a will challenge? “My sister died and her boyfriend is filing a forged Will that gives him everything. The Will she wrote several years ago gives her money to her daughter. Her daughter is hesitant bring a Will challenge. Can I file the Will challenge for her?”
Posted on Thu Aug 11, 2016, on Intestacy, Dying Without a Will
From Our “Ask a Question” mailbag: Do my husband’s parents inherit his estate? “My husband died without a Will in Chester County, PA. He owned real estate and had several accounts in his name alone. He had no children, but his parents are both alive. Do my husband’s parents inherit his estate?”
Posted on Wed Aug 10, 2016, on Power of Attorney
Ask a Question” mailbag: “Can my son use my power of attorney to give away all my property?”
A Durable Power of Attorney gives your “Agent” the right to make financial decisions on your behalf during your lifetime. Each power of attorney can be unique. I need to examine your actual document to answer the question, can your son use that particular document to legally make gifts to himself, but here are some facts. A durable power of attorney can give your son the right to make unlimited gifts. In other words, your Power of Attorney could allow your son to legally leave you penniless.
Posted on Tue Aug 9, 2016, on Guardianship
From Our “Ask a Question” mailbag: How do I petition for guardianship of my brother? “My mother has taken care of my severely autistic little brother his whole life in Philadelphia. She can no longer do so and wants me to take on the responsibility. How do I become my brother’s legally recognized Guardian?”
Posted on Tue Jul 26, 2016, on Will Contests and Will Challenges
How important is it to choose a Philadelphia Will Contest Attorney whose only focus is estate litigation? Naturally; never trust a complex will contest to a part-time practitioner. That is to say, such cases require specific experience in a particular court. In other words, a “Philadelphia Will Contest Attorney” cannot exist without years of experience. Indeed, contesting wills in the Orphans’ Court is learned over time. As an illustration, with over 20 years of experience, even someone like myself learns more each day.
Posted on Mon Jul 18, 2016, on QDOT Trust
From Our “Ask a Question” mailbag: Can a non-citizen spouse inherit land from me, a US citizen, even while a non-resident? My wife lives in India, but I have property in my name here in the United States.
Posted on Thu Jul 14, 2016, on Probate and Estate Administration
From our “Ask a Question” mailbag: My father remarried and then recently died, how do I locate the Will? I’ve tried to get His wife to produce his will but she will not respond to my calls, he lived in in Bucks County.
Posted on Thu Jul 7, 2016, on IRA Trust
The IRA Trust, An Underutilized Estate Planning Tool.
To ensure that your money passes on only to your direct descendants, consider forming an IRA Trust.
All qualified plans (IRA, Roths, 401ks, SEPs, TIAA-CREF, etc.) allow you to name a beneficiary to receive the plan at your death. But, if this person is your child, they will have the chance to defer income tax recognition by converting the plan into an “Inherited IRA”. BUT, with an “Inherited IRA” your child, not you, has the ability to name a beneficiary. And it is likely this beneficiary will be your daughter-in-law or son-in-law rather than your grandchildren.
