Direct estate administration questions lead to simple answers in some states, but require thoughtful analysis and create uncertainty in others. Klenk Law provides clarity on three frequently asked questions in Pennsylvania estate administration: Executor, Administrator and Personal Representative compensation.
I am a New Jersey resident serving as the Personal Representative of my mother’s Gloucester County, New Jersey Estate. I hired a Gloucester County attorney to probate the estate and help me administer the estate, but I cannot get her to return my calls. What can I do?
As the Personal Representative, the Probate Attorney works for you. You hire the Probate Attorney, and you can fire the Probate Attorney. Many attorneys fail to recognize that we work in a service industry, client satisfaction is important!
I am the co-executor of my Mother’s Chester 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 Chester County, the attorney should not be charging both an executor’s fee and a fee for legal services based solely on a percentage of the estate.
I am the executor of my mother’s estate in Chester County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?
You are right to be concerned. Prior to making distributions from the estate, you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.
I am the executor of my mother’s estate in Bucks County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?
You are right to be concerned. Prior to making distributions from the estate you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.
My Mother transferred her Chester County home to me two years ago and has recently died. I am going to sell the house soon, but do I have to pay Pennsylvania Inheritance Tax?
Not in your case. The Pennsylvania Inheritance Tax of 4.5% applies to: transfers to children at death and includes all gifts made within one year of the date of death. If the house was transferred properly into your name 2 years ago, it will not be subject to the Pennsylvania Inheritance Tax.
My Grandmother died three years ago in Bucks County leaving me a lump sum in her Will. The house is sold, the taxes are paid but I have not received my inheritance. The executor will not return my calls, what can I do?
As the heir of a Bucks County estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance.
I am the personal representative of my brother’s Gloucester County, New Jersey estate and all the assets pass into trust for his minor children. I am worried his ex-wife will object to everything that I do as executor as she is unhappy that she doesn’t get control over the children’s money. What can I do to avoid trouble?
This is one of those situations where no good deed goes unpunished. You are serving as your brother’s executor to make sure your nieces and nephews are properly cared for, but by serving as personal representative you are also responsible for any mistakes or errors you make that reduce the children’s inheritance.
My father, a Gloucester County, New Jersey resident, is planning to leave me an inheritance in his Will. I have substantial creditor problems. If my father dies, can I disclaim my inheritance so it passes to my children
In New Jersey, a disclaimer is an heir’s legal refusal to accept a gift or a bequest. In other words, you can’t force someone to accept a gift. If a Will names someone an heir or if a life insurance policy names a beneficiary, that heir or beneficiary cannot be “forced” to accept the gift. If the heir or beneficiary legally and properly refuses the gift, it is called a “disclaimer.”
With the New Year comes a new law. The Pennsylvania Legislature has announced Act 95, which aims to provide greater protection for those granting a power of attorney.
