If you die without a will in Pennsylvania you are said to die “intestate”. If you die intestate, your probate assets are divided up under the Pennsylvania 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.
New Jersey allows you to form a Revocable Living Trust. These trusts can own almost any asset including bank accounts, autos, stocks, gold, and your Atlantic County real estate. While Revocable Trusts can serve many purposes, the primary goal is to avoid probating the will with the Atlantic County Surrogate.
If you die without a will in Pennsylvania you are said to die “intestate”. If you die intestate, your probate assets are divided up under the Pennsylvania 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.
Many people believe that if they are married without children, there is no need for a Will. They believe that if they die, all their assets will pass to their spouse. In New Jersey, that may not be true.
First let me give you some background. If you die a resident of New Jersey without having signed a Will, you are “intestate”, and the New Jersey Rules of Intestacy dictate who inherits your Probate Assets.
Question: As the Executor, if I sell my mother’s Chester County home, do I have to pay the Pennsylvania probate tax before dividing up the sale proceeds with my siblings?
First, let’s clarify a few things. In Pennsylvania the “probate tax” is the Pennsylvania Inheritance Tax. Because the estate is being divided up between the mother’s children, that rate is 4.5% on the date of death value of her entire taxable estate. The house is included in that taxable estate.
Question: My son’s Godparents both died in Philadelphia with a will and a Revocable Living Trust and the executor will not give me a copy. How do I get a copy of the will and the Revocable Living Trust?
First, the father needs to understand the documents he is requesting. The Will is the document that is filed with the Philadelphia Register of Wills and which then dictates where the deceased’s assets pass after death.
Question: My father died over two years ago and the executor has not yet sold the Brigantine house and will not return my calls, what can I do?
The executor is a fiduciary, with an obligation to follow the terms of the Will.
First, the beneficiary should examine the Will. Does the Will give any specific instructions concerning the house? Klenk Law often states in the Wills they draft that real estate “shall be sold”, to be clear that the executor needs to move forward selling the property.
Beneficiaries of Camden County estates will often approach us asking our help in keeping an eye on the estate’s executor. This is often the result of the executor not sharing information about the estate with the beneficiary, the executor’s unreasonable delays, or when the executor’s behavior has raised the beneficiary’s concern.
When we are asked about what steps a beneficiary can take to keep an eye on the executor, I will outline various options, such as:
Beneficiaries of Delaware County estates will often approach us asking our help in keeping an eye on the estate’s executor. This is often the result of the executor not sharing information about the estate with the beneficiary, the executor’s unreasonable delays, or when the executor’s behavior has raised the beneficiary’s concern.
When we are asked about what steps a beneficiary can take to keep an eye on the executor, I will outline various options, such as:
Beneficiaries of Bucks County estates will often approach us asking our help in keeping an eye on the estate’s executor. This is often the result of the executor not sharing information about the estate with the beneficiary, the executor’s unreasonable delays, or when the executor’s behavior has raised the beneficiary’s concern.
When we are asked about what steps a beneficiary can take to keep an eye on the executor, I will outline various options, such as:
