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Dying Without a Will in New Jersey with Stepchildren

Posted on Wed Nov 12, 2014, on Estate Planning

If you die without a will in New Jersey you are said to die “intestate”. If you die intestate, your probate assets are divided up under the New Jersey Intestate Rules. These rules can easily be avoided by writing a will, but if you do not have a will, the Intestacy Rules are in place to clearly state who inherits your probate property in order to avoid conflict.

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Is my IRA subject to the Pennsylvania Inheritance Tax?

Posted on Tue Nov 11, 2014, on Estate Planning

Your IRA is subject to the Pennsylvania Inheritance Tax, which can prove to be a tax trap.

For example, if you leave $100,000 from your IRA to a friend, that gift is subject to the 15% Pennsylvania Inheritance Tax rate. To avoid interest and penalties on the Pennsylvania Inheritance Tax, within 9 months of your death your friend must pay the Commonwealth $15,000. If your friend does not have $15,000 of liquid assets, she may have to remove the $15,000 from the IRA. If she does, this will trigger her to recognize $15,000 of income. If she does not have the liquid assets to pay the income taxes due on the $15,000, she may have to remove the money from the IRA, which triggers even more income taxes.

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Keeping an Eye on the Personal Representative in Florida

Posted on Fri Nov 7, 2014, on Estate Litigation

Beneficiaries of Florida estates will often approach us asking our help in keeping an eye on the estate’s Personal Representative (in most states this person is called an executor). This is often the result of the Personal Representative not sharing information about the estate with the beneficiary, the Personal Representative’s unreasonable delays, or when the Personal Representative’s behavior has raised the beneficiary’s concern.

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