Blog & Resources

My husband died recently a resident of Bucks County, Pennsylvania. We had a house owned as tenants in the entireties. I wish to remove his name from the deed, how can I do this?

In Bucks County, there is generally no need to remove your Husband’s name from the Deed upon his death. In your situation, as tenants by the entirety, when you choose to sell the house, you can simply provide his death certificate and have his name removed when the new deed is filed.

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

As a Bucks 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.

I am the Executor of a Philadelphia estate and wish to distribute my mother’s house from the estate and into my name. What is the filing fee for that transfer?

In Philadelphia County, the filing fee for an Executor transferring a deed is subject to the Deed provisions of PA Acts 113 and 126. Currently, the fee for filing the deed, which distributes the house from your Mother’s estate into your own name, is $252.00.

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.

I am a resident of Burlington County, New Jersey. If I have recently formed a Revocable Living Trust and moved all my New Jersey assets into the trust, do I still need a Will?

If the goal in forming your Revocable Living Trust was to avoid probate, then you must either transfer all your assets that would otherwise be Probate Assets into the trust during your lifetime or have them pour into the Revocable Trust at your death. That is often done by using a Payable on Death Account or naming the Trust as Beneficiary.

Some people believe they can disinherit their spouse simply by cutting them out of their Will. Those people should think again. In Pennsylvania, as in many states including New Jersey and Florida, a widowed spouse has the right to take under the deceased’s Will, or if they deem that as insufficient, an elective spousal share estate determined by law.

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

As a Montgomery 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.

My father, a Camden 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.

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.