Blog & Resources

From our “Ask a Question” mailbag: My brother is the Personal Representative of our aunt’s estate. He took care of nearly everything, but is stumped by the tax returns. All he needs help with are the tax returns, can you assist him?

We are happy to help with as much or as little work as you need. The various New Jersey tax returns can be tricky, but my Probate department completes them regularly. We would be happy to help out by only assisting with those returns.

From our “Ask a Question” mailbag: What if my son-in-law refuses to sign a prenuptial agreement? Can he claim a share of what I leave my daughter?

If your daughter marries without a prenuptial agreement, then commingles what she inherits from you with her husband’s assets, then she may well lose some or all of that inheritance after a divorce. Further, when she dies, she may well leave all of her inheritance to her husband, who is then free to leave those assets as he sees fit at his death.

From our “Ask a Question” mailbag: My son is a special needs child and I have formed a Special Needs Trust in my will for his care. How do I fund this Trust without paying the Pennsylvania Inheritance Tax?

If you are unable to fund the trust until your death, then the only way to fund the trust without paying the 4.5% Pennsylvania Inheritance Tax on transfers to children (or to trusts for children) is to use life insurance.

Thanks to a skilled lobbying group, life insurance is exempt from the Pennsylvania Inheritance Tax.

From our “Ask a Question” mailbag: I am the executor of my Dad’s will (he is alive and living in Atlantic County). I would like to make a minor change to his will. My Dad agrees to the change. Do I need a lawyer to change the will?

Each competent person over the age of 18 can have a will, but only that person can change or modify the will. Your dad is free to change the will if he is still competent. The Executor is the person who carries out the terms of the will after death, so right now you have no power to do anything, especially make changes.

Given your question, if the change benefits you over the other heirs, you are setting yourself up for a Will Challenge, lots of angry family members and lot of expensive litigation. Your dad should contact an experienced New Jersey Estate Planning Lawyer—without you being involved in any manner—and have that attorney make the change.

From our “Ask a Question” mailbag: My sister and her husband are always broke. They asked my father for a loan to help them pay off a bunch of debts and he gave it to them. They were supposed to repay him monthly, but only sent him one or two payments over the years. Now that he has died, I am the Personal Representative of his estate and I asked for them to repay the loan. Suddenly, they claim these loans were “gifts”. What can I do?

One of your jobs as Personal Representative is to gather together all the Estate’s assets. Any loans your father may have made are an asset of his Estate, so you have the power (and obligation) to collect the debt.

From our “Ask a Question” mailbag: After her divorce, my daughter moved into a rental property I own to get on her feet. She was supposed to pay rent, but never has. It now appears she will not be moving out. I don’t want to make an issue of it now. But, if I die, that property is supposed to be sold and the money divided up equally between my two children. If she refuses to move, selling the property will be a problem. Any suggestions?

Recognizing the problem is a good beginning. First, you should revisit whom you have named as the Personal Representative in your will. This person need be firm enough and diplomatic enough to handle this problem. You should consider naming a neutral party to reduce conflict between your children.

Even though you do not have much now, your father is likely worried about what you will inherit from him and what you will earn in the future. I would imagine your father has witnessed what appeared to be happy marriages that descended into warfare. He is trying to help you avoid some of that pain if your upcoming marriage doesn’t work out.

From our “Ask a Question” mailbag: My uncle left my brother and I each half of his estate, which included all his personal property. I found out that the executor gave much of the personal property to a non-heir. The executor is now listing as an estate expense the transportation costs and storage fees to get the property to this other person. Can I object to those charges?

Pennsylvania Executors are given a great deal of flexibility to manage the estate with little oversight, which in general saves estates money. When the executor behaves badly, though, the probate system is not alerted.

As an heir of the estate, you are given power which counters the Executor’s power.

From our “Ask a Question” mailbag: My father named me the Executor of his estate. I filed his will with the Register of Wills in Chester County, paid the Pennsylvania Inheritance Tax, and took care of all his bills. There was very little money left for my sister and I, and I divided that between us. How do I now “Close the Estate”?

You will not find anything in the packet of information from the Chester County Register of Wills about how to “Close the Estate,” because it never really happens. The term refers to when the final assets of the estate are distributed, which normally means that the Executor has run out of things to do.

From our “Ask a Question” mailbag: My sister suffers from mental illness, and is currently so depressed she cannot get out of bed. She is a smart woman and has a house and plenty of savings. Our brother is a parasite, and has filed a petition to have her declared incapacitated so he can be put in charge of her money. I am sure he will steal her money if he is given the chance. What can I do?

The Guardianship process in Pennsylvania gives all interested parties the chance to bring to the court’s attention concerns about the incapacitated person and the security of their assets. You, as an interested person, have the right to retain an attorney who is experienced in Guardianship hearings to bring your concerns to the court’s attention.