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Tag: Avoiding Probate

Do I have to pay estate creditors in Gloucester County if no estate is opened?

Posted on Fri Aug 7, 2015, on Probate and Estate Administration

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.

Klenk Law

Is there any inheritance tax on real estate transfers in Philadelphia?

Posted on Fri Jun 19, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My mother transferred her Philadelphia County home to me two years ago. She 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.

Klenk Law

Do I need to Probate my mother’s estate if she only held a couple assets at death?

Posted on Thu Jun 18, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: My entire life, I have lived in Gloucester County, New Jersey. My parents also lived in Gloucester City. My father died two years ago, and my mother passed away last week. I was an only child, everything in my mothers Will was left to me, and I am executor. Do I need to probate her will or open an estate? Her only assets were our family home valued at $600,000 and her car.

The short answer is no, you can not transfer the deed without going through probate. In New Jersey, there are only a few cases where there is no need to probate a will. The two most common situations are:

when a person dies with no individually held assets or
an individual dies with no assets whatsoever.

Klenk Law

Do I Need to probate a will if I’m the only heir in Burlington County, New Jersey?

Posted on Thu Jun 4, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: Our entire lives, my parents and I have lived in Burlington County, NJ. My father died two years ago, and my mother passed away last week. I was an only child and everything in my mother’s will was left to me. I am executor. Do I need to probate her will, or open an estate? Her only assets were our family home (valued at $600,000) and her car.

The short answer is: no, you cannot transfer the deed without going through probate.

Klenk Law

Do lifetime transfers avoid estate tax in Delaware County, PA?

Posted on Fri May 8, 2015, on Estate Planning

From our “Ask a Question” mailbox: My father wants to transfer a rental property he owns in Delaware County into my name. If he does, will this gift avoid Pennsylvania Inheritance Tax?

As a Delaware County resident, at your father’s death, all assets he leaves you at death (except life insurance) will be subject to the Pennsylvania Inheritance Tax at the 4.5% children’s rate.

Klenk Law

Do I owe PA inheritance tax on this real estate transfer?

Posted on Sun Apr 5, 2015, on Probate and Estate Administration

My Mother transferred her Lehigh County home to me two years ago. She 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.

Klenk Law

Will transferring a property before death avoid taxes?

Posted on Sat Apr 4, 2015, on Estate Planning

My father wants to transfer a rental property he owns in Chester County into my name. If he does, will this gift avoid Pennsylvania Inheritance Tax?

As a Chester County resident, at your father’s death, all assets he leaves you at death (except life insurance) will be subject to the Pennsylvania Inheritance Tax at the 4.5% children’s rate. That includes all gifts made within one year of the date of his death. So, if he transfers the rental property into your name and lives for at least one more year, at his death you will avoid Pennsylvania Inheritance Tax payment.

Klenk Law

Dealing with Unresponsive Estate Administration Attorney in NJ

Posted on Sun Mar 29, 2015, on Probate and Estate Administration

I am a New Jersey resident serving as the Personal Representative of my mother’s Camden County, New Jersey Estate. I hired a Camden 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! If you are not getting the service you expect, you can easily retain a new Probate Attorney and your first attorney must turn over the files to the new attorney.

Klenk Law

Do I Owe Pennsylvania Inheritance Tax?

Posted on Wed Feb 11, 2015, on Probate and Estate Administration

My mother transferred her Montgomery County home to me two years ago. She 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 two years ago, it will not be subject to the Pennsylvania Inheritance Tax.

Klenk Law

Do I Owe PA Inheritance Tax on Mom’s house transfer?

Posted on Tue Jan 20, 2015, on Probate and Estate Administration

My Mother transferred her Bucks County home to me two years ago. She 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.

Klenk Law

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