From our “Ask a Question” mailbag: I have heard that if I form a trust, I can help reduce the federal estatetax due at my death, is that true?
There are many types of trusts. Some help reduce the federal estate tax and others do not.
From our “Ask a Question” mailbag: I have heard that if I form a trust, I can help reduce the federal estatetax due at my death, is that true?
There are many types of trusts. Some help reduce the federal estate tax and others do not.
From our “Ask a Question” mailbag: I formed a Revocable Living Trust to avoid New York probate and named my two sons as the co-successor trustees. It seemed a good idea at the time, but now they are not speaking to one another. Should I change the trust?
Many New Yorkers have formed Revocable Living Trusts to avoid the expensive New York probate process. For the trust to work properly, after your death, you need a successor trustee to step in to pay your final bills, taxes and to then distribute the trust assets to your heirs.
From our “Ask a Question” mailbag: The attorney handling my uncle’s Delaware County estate mailed me a Receipt, Release, Refunding and Indemnification Agreement. The release document includes 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: 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.
Whenever I am helping my Pennsylvania clients with estate planning, or working with the executor of a Pennsylvania estate, I am given the opportunity to explain how the Pennsylvania Inheritance Tax works.
First, let’s break the tax down to its roots. The Pennsylvania Inheritance Tax is a Transfer Tax. It is different from the other taxes which you might pay regularly, like income tax, real estate tax or sales tax. A transfer tax is a tax levied when an asset is transferred from one owner to another. In this case, the transfer tax is taxing the transfer from the deceased to the beneficiary. You have paid transfer taxes in the past if you have ever bought a house or a vehicle with a title. To get the deed or title transferred you paid a fee to the state or county…a transfer tax.
The Bucks County Register of Wills possesses a wealth of data for those interested in genealogical research. When a Bucks County will is probated, the Register collects a copy of the person’s death certificate, the person’s original will, an inventory of the person’s probate assets and a copy of the person’s inheritance tax return.
The Bucks county probate file might also include many other family related items. All of these documents can provide invaluable family information to a person working on a family tree.
According to a recent national survey on pet ownership, there are more than 71 million households in the United States that own at least one pet. Many pets are an integral part of the family that owns them, but how many of these owners have considered what will happen to their pets after their death?
After the landmark U.S. Supreme Court decision in United States v. Windsor, which found unconstitutional the portion of the Defense of Marriage Act (“DOMA”) that defined “marriage” as a union between a man and woman, and “spouse” as only a person of the opposite sex, and the decision in Garden State Equality v. Dow, where the New Jersey courts found that the New Jersey Constitution required same sex marriage, New Jersey residents can enter into same-sex marriages and same-sex marriages from other states will be recognized as valid in New Jersey.
In Pennsylvania if a person dies without a will his or her assets are divided up under the Pennsylvania intestacy rules. If you are married without children all your assets pass to your surviving spouse. If you are married but have children your spouse does not receive everything. Pennsylvania presumes that if a deceased person without a will had children, then some of the assets should pass to the children.
For centuries, trusts have been formed to provide safety and protection for valued assets. Recent changes in the law have made this old institution even more popular by reducing trust’s ongoing maintenance costs. You might think that only the very wealthy need the protection of a trust, but the truth is that a trust is a huge benefit to anyone having an asset in need of protection from their children’s creditors, divorce or from self-destructive beneficiaries.
Klenk Law was professional in every way. I have already recommended your services to a couple of friends and business associates. I want to personally say "thank you" to the entire staff at Klenk Law.
Overall I great experience with Daniella and the rest of her team to work with me for my fathers estate. Never was an issue that couldn’t be fixed. I highly recommend klenk Law firm.
Peters' firm has prepared and updated our Wills and Trusts for the last 15 to 20 years. They know the law and help with your decision making to use the law to your best advantage. Response time to your requests is very reasonable, and final reviews and signing is executed in a timely manor with a thorough coverage of the documents. Our most recent updates to our Wills & Trusts were somewhat complicated, in our opinion, but Peter and his staff handled them effortlessly. As you can tell from this review Peter Klenk's firm is top notch.
Klenk Law is a professional and class act from start to finish. Peter, and all of his staff members are patient, clear, and trustworthy, all within the context of a user friendly, kind, and comfortable ambience.
Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.
Let us put our expertise to work for you.
Free consultation within 24 hours.