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Tag: Pennsylvania

Is my IRA subject to the Pennsylvania Inheritance Tax?

Posted on Tue Nov 11, 2014, on Estate Planning

Your IRA is subject to the Pennsylvania Inheritance Tax, which can prove to be a tax trap.

For example, if you leave $100,000 from your IRA to a friend, that gift is subject to the 15% Pennsylvania Inheritance Tax rate. To avoid interest and penalties on the Pennsylvania Inheritance Tax, within 9 months of your death your friend must pay the Commonwealth $15,000. If your friend does not have $15,000 of liquid assets, she may have to remove the $15,000 from the IRA. If she does, this will trigger her to recognize $15,000 of income. If she does not have the liquid assets to pay the income taxes due on the $15,000, she may have to remove the money from the IRA, which triggers even more income taxes.

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Dying Without a Will – Foster Child Succession in Delaware County

Posted on Mon Nov 3, 2014, on Estate Planning

If you die without a will in Pennsylvania you are said to die “intestate”. If you die intestate, your probate assets are divided up under the Pennsylvania Intestate Rules. These rules can easily be avoided by writing a will, but if you do not have a will, the Intestacy Rules are in place to clearly state who inherits your probate property in order to avoid conflict.

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Dying Without a Will in Chester County, PA, and how it effects stepchildren

Posted on Mon Oct 27, 2014, on Intestacy, Dying Without a Will

If you die without a will in Pennsylvania you are said to die “intestate”. If you die intestate, your probate assets are divided up under the Pennsylvania Intestate Rules. These rules can easily be avoided by writing a will, but if you do not have a will, the Intestacy Rules are in place to clearly state who inherits your probate property in order to avoid conflict.

Klenk Law

Executors and Pennsylvania Inheritance Tax in Chester County, PA

Posted on Fri Oct 17, 2014, on Probate and Estate Administration

Question: As the Executor, if I sell my mother’s Chester County home, do I have to pay the Pennsylvania probate tax before dividing up the sale proceeds with my siblings?

First, let’s clarify a few things. In Pennsylvania the “probate tax” is the Pennsylvania Inheritance Tax. Because the estate is being divided up between the mother’s children, that rate is 4.5% on the date of death value of her entire taxable estate. The house is included in that taxable estate.

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Acquiring Copies of a Will and Irrevocable Trust in Philadelphia County, PA

Posted on Thu Oct 16, 2014, on Estate Litigation

Question: My son’s Godparents both died in Philadelphia with a will and a Revocable Living Trust and the executor will not give me a copy. How do I get a copy of the will and the Revocable Living Trust?

First, the father needs to understand the documents he is requesting. The Will is the document that is filed with the Philadelphia Register of Wills and which then dictates where the deceased’s assets pass after death.

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Keeping an Eye on the Executor in Delaware County

Posted on Sun Oct 12, 2014, on Probate and Estate Administration

Beneficiaries of Delaware County estates will often approach us asking our help in keeping an eye on the estate’s executor. This is often the result of the executor not sharing information about the estate with the beneficiary, the executor’s unreasonable delays, or when the executor’s behavior has raised the beneficiary’s concern.

When we are asked about what steps a beneficiary can take to keep an eye on the executor, I will outline various options, such as:

Klenk Law

Keeping an Eye on the Executor in Bucks County

Posted on Sun Oct 12, 2014, on Probate and Estate Administration

Beneficiaries of Bucks County estates will often approach us asking our help in keeping an eye on the estate’s executor. This is often the result of the executor not sharing information about the estate with the beneficiary, the executor’s unreasonable delays, or when the executor’s behavior has raised the beneficiary’s concern.

When we are asked about what steps a beneficiary can take to keep an eye on the executor, I will outline various options, such as:

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