Blog & Resources

If you have purchased a home, you likely remember that the seller has a duty to disclose material defects. The failure to do so can constitute fraud, negligent misrepresentation or violate Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. But what exactly is a material defect? The Pennsylvania Supreme Court recently grappled with this issue in Milliken v. Janoco, a decision that failed to broaden the definition to include “psychological stigmas”.

When an Administrator files a Will for probate in Chester County, it may not be the only document the Register of Wills considers. Other documents previously unknown to the beneficiaries of the Will can have a profound influence on the disposition of the decedent’s property.

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.

I am the co-executor of my Mother’s Bucks County, Pennsylvania estate, along with her attorney. What fee can he charge?

First, if your Mother’s attorney is serving as the executor and will also be providing your mother’s estate legal services in Bucks County, the attorney should not be charging both an executor’s fee and a fee for legal services based solely on a percentage of the estate.

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.

I am an administrator of my mother’s Delaware County estate. She died 4 years ago in a car accident without a Will, unmarried and survived by my nephew and myself. My brother died before my mother, and my brother had one son, my nephew. I opened up her estate with the Register of Wills in Delaware County. Later, I hired a lawyer to bring a wrongful death lawsuit against the man who ran into my mother. That lawsuit is about to be settled, and my attorney is asking me to approve that settlement. The funds are to be divided 90% Wrongful Death and 10% Survival Action. Is this fair to my nephew, and as administrator, do I have a duty to pursue a different mix?

This is an issue you should certainly be concerned about.

Pennsylvania estate executors and administrators – known broadly as personal representatives, typically take the same first step when called to administer an estate. They research and find an experienced probate attorney to guide them through the process and establish that attorney’s fees. Why is hiring a probate attorney essential?

My Grandmother died three years ago in Montgomery County, leaving me a lump sum in her Will. The house is sold, 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 Montgomery County estate, you do have the right to force the Executor to provide you with a time line when you will receive your inheritance. If the executor will not give you one voluntarily, you can have your Montgomery County Orphans’ Court lawyer file a Petition for Accounting with the Montgomery County Orphans’ Court.

Not all family and friends are perfect. And in some cases, they can be downright malevolent. Ensuring family members and loved ones are not unfairly left out of a decedent’s Will is a common concern.

Modern medicine has vastly increased the average lifespan. Sadly, science has not solved every problem, and one in three seniors die with Alzheimer’s or dementia. These diseases affect a person’s judgment, memory and cognitive functions. Often reaching the point where a patient may completely lose capacity to develop or revise their estate plan.

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.