Blog & Resources

That will depend on what her death certificate says. If the death certificate says her residence was Florida, then only the Surrogate in Florida will probate the will. Likewise, if the death certificate says her residence was Philadelphia, then only the Philadelphia Register of Wills will probate the will. If your mother was only visiting Philadelphia when she died, then she was still a Florida resident. If she had moved up here and then died, then she is Philadelphia resident.

From our “Ask a Question” mailbag: The term “Anchor Baby” is in the news, referring to parents coming to the USA to have a baby that automatically qualifies for citizenship simply by being born on American soil. Given that this is completely legal, and given that these parents obviously care about their child’s future and don’t want the child to be left in the USA without support, how can these parents plan ahead for the child’s care?

Any person on earth is able to form a protective trust in the United States for their child. The trust has to have a connection to the United States, so it will require a trustee located in the United States.

From our “Ask a Question” mailbag: I have a collection of Curt Schilling memorabilia that I have been gathering since he started pitching for the Phillies in 1992. It is worth some money, but is mostly something that my son and I have shared together and is near to our hearts. I am remarrying soon and I am worried that — should I die — this collection will become a problem between my wife and my son. I would give the collection to my son now, but he has no place to keep it yet. Any suggestions?

You are right to worry about the impact a second marriage can have on the children from your first marriage. No matter how well they get along, after you die there are going to be opportunities for conflict between your second wife and your children.

From our “Ask a Question” mailbag: My father recently died a resident of Chester County, PA, but he owned a nice parcel of land in Susquehanna County, which has a Marcellus Shale gas lease. I found a buyer at a great price, as I am worried that the recent drop in oil prices could reduce the land’s value.

My brother was left out of the will, for very good reasons. He contacted the buyer and told him he plans to challenge the will. Now, the buyer might try to back out, as he doesn’t want to get stuck in litigation. My brother is full of bull: he never will challenge the will, as he knows it is bulletproof, but he knows he can draw this out and cause me trouble. What can I do?

Normally, your brother has one year from the date of the will’s filing to bring his Will Challenge. So, if you do nothing, then you just have to wait for the year to expire.

From our “Ask a Question” mailbag: I want to leave my long time partner my house. However, at his death I want it sold so the money can pass to my nieces. How can I make sure this happens?

This is a common issue with gay and lesbian couples. Often, one partner owns the house and—though they want their partner to be able to live in the house until the partner’s death — there is a concern about putting the house into the surviving partner’s name.

From our “Ask a Question” mailbag: My son is a special needs child and I have formed a Special Needs Trust in my will for his care. How do I fund this Trust without paying the Pennsylvania Inheritance Tax?

If you are unable to fund the trust until your death, then the only way to fund the trust without paying the 4.5% Pennsylvania Inheritance Tax on transfers to children (or to trusts for children) is to use life insurance.

Thanks to a skilled lobbying group, life insurance is exempt from the Pennsylvania Inheritance Tax.

From our “Ask a Question” mailbag: My sister and her husband are always broke. They asked my father for a loan to help them pay off a bunch of debts and he gave it to them. They were supposed to repay him monthly, but only sent him one or two payments over the years. Now that he has died, I am the Personal Representative of his estate and I asked for them to repay the loan. Suddenly, they claim these loans were “gifts”. What can I do?

One of your jobs as Personal Representative is to gather together all the Estate’s assets. Any loans your father may have made are an asset of his Estate, so you have the power (and obligation) to collect the debt.

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 uncle left my brother and I each half of his estate, which included all his personal property. I found out that the executor gave much of the personal property to a non-heir. The executor is now listing as an estate expense the transportation costs and storage fees to get the property to this other person. Can I object to those charges?

Pennsylvania Executors are given a great deal of flexibility to manage the estate with little oversight, which in general saves estates money. When the executor behaves badly, though, the probate system is not alerted.

As an heir of the estate, you are given power which counters the Executor’s power.

From our “Ask a Question” mailbag: My father named me the Executor of his estate. I filed his will with the Register of Wills in Chester County, paid the Pennsylvania Inheritance Tax, and took care of all his bills. There was very little money left for my sister and I, and I divided that between us. How do I now “Close the Estate”?

You will not find anything in the packet of information from the Chester County Register of Wills about how to “Close the Estate,” because it never really happens. The term refers to when the final assets of the estate are distributed, which normally means that the Executor has run out of things to do.