Blog & Resources

From our “Ask a Question” mailbag: I am married to my second wife and live in Chester County, Pennsylvania. We have been married for many years and everything we own is in joint names. I don’t have a will. If I die first, don’t my children from my first marriage get part of my estate?

If everything you own is held jointly with your wife and she survives you, then she has the right to take all of your assets. Your children will get nothing. Your second wife has no obligation to give your children anything, so she could disinherit them at her death.

From our “Ask a Question” mailbag: I live in Chester County, PA and currently my will names my two brothers as co-executors. I thought this was a smart thing to do, but my brothers have not been getting along recently. What are my options?

Naming your brothers as co-executors when they do not get along is a bad idea. Co-executors have to work well together and cooperate, or else the estate will stall. Brothers who are having a dispute can make what is a small family dispute into a family feud that lasts generations.

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: I am the co-executor of my mother’s Lehigh 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 Lehigh County, the attorney should not be charging both fees:

an executor’s fee and
a fee for legal services based solely on a percentage of the estate.

From our “Ask a Question” mailbag: My father, who lives in Atlantic County, New Jersey, is having serious health problems. He wants me to be able to use his general power of attorney, but it says I need a doctor’s note saying that he is incapacitated. Is that normal?

Your father has a “Leaping” Power of Attorney, which used to be the normal document that Atlantic County Estate Planning Lawyers would prepare. A Leaping Power of Attorney only gives the “Agent” the power to act if—and only if—the principal is incapacitated, and the principal’s doctor confirms the incapacity in a letter. Without the letter the power of attorney is useless.

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 mother named me her power of attorney. For years, I used it to pay her bills and care for her. My mother recently died in Philadelphia without a will. My sister thinks I stole some money, but that is not true. She has served me a citation to account for my actions under the power of attorney, what do I do now?

By accepting the position of agent through your mother’s Power of Attorney, you became a fiduciary. As a fiduciary, you owed your mother a duty to look out for her best interest. But that job also comes with the obligation to explain your actions as Agent to certain people.

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: I am a resident of Gloucester County, New Jersey and want to modify my will. My two children are older and I want to name them as co-executors. Is naming my children as co-executors a good idea?

Naming your children as co-executors (or “personal representatives”) of your will can be a fine idea, or a terrible idea, depending on your children. You need to be honest with yourself about how well your children’s personalities work (or do not work) together.

From our “Ask a Question” mailbag: For years, my parents lent money to my cousin and his wife to pay their children’s education. To my surprise, at their deaths, my cousin’s wife was named executor. She “hired” my cousin who is a CPA to handle the estate’s books. Over a year has passed and they refuse to give me any information about the estate and are calling the loans to them, “gifts”. What can I do?

I take it that you are the residuary beneficiary of the will? If so, you have the right to demand through a formal accounting to know where every penny went and a justification for every expense. You also have a right to investigate whether all those years of funding education and other money transfers were gifts or loans.