Blog & Resources

From our “Ask a Question” mailbag: After her divorce, my daughter moved into a rental property I own to get on her feet. She was supposed to pay rent, but never has. It now appears she will not be moving out. I don’t want to make an issue of it now. But, if I die, that property is supposed to be sold and the money divided up equally between my two children. If she refuses to move, selling the property will be a problem. Any suggestions?

Recognizing the problem is a good beginning. First, you should revisit whom you have named as the Personal Representative in your will. This person need be firm enough and diplomatic enough to handle this problem. You should consider naming a neutral party to reduce conflict between your children.

Even though you do not have much now, your father is likely worried about what you will inherit from him and what you will earn in the future. I would imagine your father has witnessed what appeared to be happy marriages that descended into warfare. He is trying to help you avoid some of that pain if your upcoming marriage doesn’t work out.

From our “Ask a Question” mailbag: My sister suffers from mental illness, and is currently so depressed she cannot get out of bed. She is a smart woman and has a house and plenty of savings. Our brother is a parasite, and has filed a petition to have her declared incapacitated so he can be put in charge of her money. I am sure he will steal her money if he is given the chance. What can I do?

The Guardianship process in Pennsylvania gives all interested parties the chance to bring to the court’s attention concerns about the incapacitated person and the security of their assets. You, as an interested person, have the right to retain an attorney who is experienced in Guardianship hearings to bring your concerns to the court’s attention.

From our “Ask a Question” mailbag: My best friend repeatedly promised to give me her Chester County house in her will. She died recently and her son, who did not talk to her for 40 years, has filed a will from the 1970s that gives him everything. Can I challenge that Will?

If I understand the facts correctly, your best friend died and to the best of your knowledge, her most recent will was the one her son filed with the Chester County Register of Wills. That will is very old, but as far as you know, is the most recent will she signed. Though she verbally promised to give you the house in Chester County, she failed to write a new will.

If these are the facts, then you will not be able to successfully challenge the Will for two reasons.

From our “Ask a Question” mailbag: I live in Delaware County, and my will names my parents as co-executors. I thought this was a natural thing to do, but my parents are going through a divorce. What are my options?

Naming your parents as co-executors when they do not get along is a bad idea. Co-executors have to work well together and cooperate. Parents who are having a dispute can make a small argument into a family feud that lasts decades.

You should investigate changing your will to name another family member or, if you have none that you trust, to name your Delaware County estate planning attorney. Your lawyer will charge a fee, but that fee will be small when compared to the potential costs of litigation and family turmoil. When named executor, I normally ask that the document state that I receive my hourly fee rather than a percentage of the estate, which many lawyers take. I find the hourly fee is fairer for everyone involved.

From our “Ask a Question” mailbag: I love my partner, but she is terrible with money. If I leave her an inheritance, it will be spent quickly and she will be left with nothing. How do I leave her an inheritance but protect it for her?

Recognizing your partner’s inability to handle money allows you to set up an estate plan that can help make sure that your partner will always have enough money. There are many ways to set up a trust for his benefit. The best option will depend on what type of assets you have and how much flexibility you wish to give the Trustee.

From our “Ask a Question” mailbag: My partner and I have been together for over 25 years. Marriage would be nice, but I have the most money and his family has a history of long life. I worry that if I die and I give him everything, he may outlive those funds.

“Veteran” lesbian and gay couples cannot be blamed for hesitating to tie the knot. After years of planning for retirement as two single people, getting married late in life can throw a curveball into the financial and estate planning game. Getting married changes your tax status and eligibility for various government benefits. So, like any other huge life decision, marriage should be examined with an eye for retirement and asset protection efficiencies.

From our “Ask a Question” mailbag: I have signed a General Power of Attorney giving my girlfriend the power to act for me, but I don’t want her to have it yet. I only want her to have it when (and if) I become unable to care for myself. Should I keep it in my safe at home? We both live in Bucks County, so she is close by.

The problem with putting your General Power of Attorney in your safe is that if you become incapacitated, your girlfriend will likely be unable to get into the safe. You could give her the combination to the safe, but that runs contrary to your wish. If she has the combination, she can get to the General Power of Attorney at any time. This is a common problem.

From our “Ask a Question” mailbag: Years ago, I gave my husband a General Durable Power of Attorney. Now I am divorced, living in Montgomery County, and I want to give Power of Attorney to my daughter. My Ex will not give me the old Power of Attorney. Can I revoke or void the Power of Attorney if he still has the original?

Yes, you can void a Power of Attorney at any time as long as you have the requisite mental capacity. Your situation will be a little more complex, as you have given the original document to your former agent. I have not seen that Power of Attorney, but it may have a paragraph that states that banks and others need not confirm with you that the document is still in power.

From our “Ask a Question” mailbag: I am worried about having someone sue me in the future and would like to shelter my assets from creditors. I have read about Irrevocable Trusts and Revocable Trusts, do they both help avoid creditors and lawsuits?

A Revocable Living Trust is a wonderful tool with many uses, but it does nothing to help you avoid your creditors. Because a Revocable Living Trust is “Revocable.” That means you can take the assets back into your name at any time. Because you can take the assets back, any future creditor you have or any future lawsuit judgement against you can be enforced against the trust.