Blog & Resources

From our “Ask a Question” mailbag: My grandmother died in a Delaware County senior living facility without any real assets, except for a small bank account and some stock held in just her name. Her will said it was supposed to be used to pay her last bills and then anything left would be divided among her grandchildren. We’re confused as to how to sell the stock once we do the transfer paperwork. Do we have to sell it through Computershare or can we sell it through any brokerage?

During her lifetime, the stock and bank account could only be accessed or liquidated by your grandmother. Now that she is dead, the accounts will sit until an authorized person contacts the bank and brokerage. As your grandmother had a will, and she lived in Delaware County, Pennsylvania, that person will be the Executor under the will.

From our “Ask a Question” mailbag: My mother died a resident of Bucks County and named her sister as her executor. I am the beneficiary of the entire estate. My aunt filed the will last month, but has changed the locks on the house and refuses to answer my calls. She has a history of alcohol abuse and I am worried that she is spending the estate money on herself. Is there any way that I could freeze the accounts and protect my inheritance?

Pennsylvania executors are given a great deal of power to act on their own, without court supervision, and are not obligated to share much information with you on demand. This works well when the executor is honest, as the estate can be managed less expensively.

From our “Ask a Question” mailbag: After reading the information on your site, I believe my brother used undue influence to get my father to change his will. If I decide to challenge the will, where will the trial be held? How long will the process take?

Will contests are heard by the judges in the Bucks County Orphans’ Court. The Bucks County Orphans’ Court is located in Doylestown. In many cases, will contest challenges settle before a trial.

From our “Ask a Question” mailbag: I am planning to set up a Special Needs Trust for my son and place a gift in the trust each year to help provide care for my son after my death. If he dies without the entire amount being used, whom can I name as the beneficiary?

If I have the facts correct, you are thinking about forming an Irrevocable Trust for your son during your lifetime (“inter vivos”) and then placing money into the trust every year to create a pool of funds to provide care for your son after your death. I also assume, in order to provide the maximum tax benefits, you will use Crummey Powers to make these transfers free of Federal Estate Tax, and you will not serve as trustee.

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

If your daughter marries her fiancé without a prenuptial agreement, and commingles with her husband’s assets what she inherits from you, then—in a divorce—she may lose a share or all of her inheritance. Further, if she dies after receiving the inheritance, she may give all of her inheritance to her husband who is free to then leave those assets as he sees fit at his death.

From our “Ask a Question” mailbag: My brother named me his agent under his Atlantic County, New Jersey power of attorney. Now my sister claims I embezzled and stole money using that power of attorney. How do I clear my name?

As agent, you are permitted to retain an Atlantic County Surrogates Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or object. If they file objections, you are then able to address these objections in front of a judge. In the end, the judge then rules on the evidence presented.

From our “Ask a Question” mailbag: My father has reached the age where he has become trusting to a fault. He was called by an unscrupulous telemarketer and fleeced out of several thousand dollars. I am worried that his number will now be passed around to other criminals and he will write more checks. How do I protect my dad from criminal telemarketers?

Your suspicions are right—once your dad’s recognized as a potential “mark” among the criminal community, he could become a target for scammers who pretend to be calling him on your behalf, asking for payments toward funeral expenses, emergency medical bills, or sweepstakes prize processing fees. According to the FBI, your father likely shares traits that were common among his generation — raised to be polite and trusting, and often reluctant to hang up the phone even if they suspect a scam.

From our “Ask a Question” mailbag: Before she died, my aunt lived with me in Burlington County, New Jersey for several years. My wife and I took her to the doctor and cared for her when she became bedridden. She died without a will and all her assets are being divided between my cousins. They never helped with her care. This is not fair. Can I make the estate pay me for my time?

Under New Jersey rules, your Aunt could have made a will and given you the entire estate, or had a will that said you would receive some of her estate to reflect the work you did. Because she did not make a will, the New Jersey intestate rule divides her assets between all her children, equally.

From our “Ask a Question” mailbag: My aunt’s will names me as her personal representative and divides the estate between all her nieces and nephews. We are not a close family and there have been disputes in the past. I am worried that my cousins will be angry that I was named the personal representative and may cause trouble. Can they sue me as the personal representative?

If you agree to be sworn in by the surrogate as the estate’s personal representative, then you have a fiduciary duty to all beneficiaries to act in their best interest. You will be given broad powers and will be largely unsupervised by the Surrogate. To counter these broad powers the beneficiaries are given the right to Petition Surrogate’s Court to review every action and expense.

From our “Ask a Question” mailbag: My husband died a resident of Burlington County without a will. All his assets were owned joint accounts with me. This week, I received a form letter in the mail saying a bank had issued a statement and proof of claim against my husband’s estate and requesting 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. The assets pass to the surviving spouse because of the joint ownership. That being said, avoiding probate this way does not mean that your husband avoided his creditors.