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.

As the executor of an estate, your expenses incurred in handling the estate are reimbursed from the estate assets. Typical examples are filing fees, parking fees, and money that you pay to have the estate assets secured or cleaned. You are also reimbursed for reasonable travel costs that were incurred only because of the estate.

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.

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?

As the executor of an estate in Burlington County, NJ, your expenses incurred in handling the estate are reimbursed from the estate assets. Typical examples are filing fees, parking fees, and money that you pay to have the estate assets secured or cleaned. You are also reimbursed for reasonable travel costs that were incurred only because of the estate.

With one exception, if a Pennsylvania resident dies before reaching the age 59½ his IRA is not subject to the Pennsylvania Inheritance Tax. This is because of a Pennsylvania rule stating that there will be no tax levied on the value of any retirement plan for which the deceased would have been penalized had he removed the funds during his lifetime.

To avoid interest and penalties, the Pennsylvania Inheritance Tax must be paid within 9 months of the date of death. As executor, you are responsible to make the payment. If you delay and interest or penalties are created, the beneficiaries may demand that you be held responsible.

To avoid interest and penalties, the Pennsylvania Inheritance Tax must be paid within 9 months of the date of death. The date you filed the Will does not matter. Otherwise, executors would simply hold off filing the Will to delay making the tax payment.

Each Pennsylvania estate is subject to two potential estate related taxes; the Pennsylvania Inheritance Tax and the Federal Estate Tax. When you mention a “limit”, you are speaking about the Federal Estate Tax, not the Pennsylvania Inheritance Tax.