Blog & Resources

From our “Ask a Question” mailbag: I am the executor of my mother’s estate in Lehigh County, Pennsylvania. I have advertised the estate and paid all the valid creditors, but a neighbor of my mother has made a claim for $10,000.00 that has no validity. Can I make distribution without paying him?

Although it’s technically possible, the correct answer is that you should not.

As the executor, you are free to make “at risk” distributions. That means if you later lose a claim, you’re personally at risk. Keep in mind, Pennsylvania is a rather creditor-friendly state.

From our “Ask a Question” mailbag: The attorney handling my uncle’s Lehigh County estate mailed me a Receipt, Release, Refunding and Indemnification Agreement. There are no details about how much he spent or other expenses. If I sign this, do I waive my rights to ask any questions?

A Receipt, Release, Refunding and Indemnification Agreement is a probate tool that allows the executor to distribute estate funds to a beneficiary with the promise from the beneficiary to return the funds if it later turns out they were distributed in error. The same form can contain language that, if you sign, means that you agree to take the funds without an accounting and waive your rights to ask future questions.

From our “Ask a Question” mailbag: Years ago, I gave my friend a General Durable Power of Attorney. Now I am married, living in Lehigh County and want to give Power of Attorney to my spouse. My former friend 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: My Grandmother died three years ago in Lehigh County leaving me a lump sum in her Will. The house is sold and the taxes are paid, but I have not received my inheritance. The executor will not return my calls, what can I do?

As the heir of a Lehigh estate, you have the right to force the executor to provide you with a timeline for when you will receive your inheritance. If the executor will not give you one voluntarily, you can have your Lehigh County Orphans’ Court lawyer file a Petition for Accounting with the court. The executor must reply, or face potential removal and surcharge.

I am the executor of my mother’s estate in Lehigh County, Pennsylvania. I have sold the real estate, liquidated all the assets and am ready to distribute, but my sister will not give me a release of liability. What can I do?

You are right to be concerned. Prior to making distributions from the estate, you should insist on getting a release of liability. This is typically done informally by using what is broadly referred to as a Family Settlement Agreement.

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.

I am the Executor of a Lehigh County, Pennsylvania estate. Should I be worried about the beneficiaries attempting to surcharge me?

As an executor, you have a duty to take possession of, maintain and administer all the real and personal estate of the decedent. In essence, you must preserve and protect the property for distribution to the proper persons within a reasonable time, in the manner a reasonably prudent person would in their own affairs.

I have signed a General Power of Attorney giving my daughter 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 deposit box? We both live in Lehigh County, PA.

The problem with putting your General Power of Attorney in your safe deposit box is that if you become incapacitated, your daughter will likely be unable to get into the box. If you have died, there is a process to open the box… but it is much more complex if you are alive, but incapacitated.

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.

My Grandfather, a resident of Lehigh County, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed giving everything to my Aunt. We believed that my grandfather died broke, but now that my Aunt died we found out that he had a joint account with her containing a large sum of money. The prior will stated that I would receive one-fourth of his estate. Can I challenge the will?

First, a challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the Will has no effect on the joint ownership.