• Bryn Mawr Pa Inheritance Taxation Lawyers

    bryn-mawr-pa-inheritance-tax-lawyers

    Bryn Mawr Pa Inheritance Taxation Lawyers – Intro

    The Bryn Mawr PA Inheritance tax is imposed as a percentage of the value of a decedent’s estate transferred to beneficiaries by will, heirs by intestacy and transferees by operation of law.

    The tax rate varies depending on the relationship of the heir to the decedent.

    The Pennsylvania inheritance tax taxes assets owned by the decedent at the time of his or her death. Unlike the federal estate tax, there is no minimum dollar amount for the estate to be taxed; all estates of any value are subject to taxation. The inheritance tax return is due within nine months of the death of the decedent.

    Bryn Mawr Pa Inheritance Taxation Lawyers – Rates

    The rates for Pennsylvania inheritance tax are as follows:

    • 00.00 percent on transfers to a surviving spouse or to a parent from a child aged 21 or younger;
    • 04.50 percent on transfers to direct descendants and lineal heirs;
    • 12.00 percent on transfers to siblings; and
    • 15.00 percent on transfers to other heirs, except charitable organizations, exempt institutions and government entities exempt from tax.

    Bryn Mawr Pa Inheritance Taxation Lawyers – Due

    Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual’s death. If it is paid within three (3) months of the decedent’s death, a 5 percent discount is granted to the Estate.

    In Pennsylvania, the inheritance tax must be paid within nine months of the time of the decedent’s death. If it is not paid within that period of time, the Pennsylvania Department of Revenue may assess penalties and interest.

    Bryn Mawr Pa Inheritance Taxation Lawyers – Help

    Frequently, in our practice, we are confronted with many misconceptions concerning Pennsylvania inheritance tax. The Pennsylvania inheritance tax is a tax on property at the time of someone’s death and is imposed upon the transfer of that property. One common misconception is that spouses have to pay inheritance tax on property that they obtain from their deceased mate. Although that was the case in the past, it is not longer, having been abolished in 1994.

    From the value of these resources, we are permitted to deduct certain expenses to arrive at a net valuation for the estate. These expenses include:

    • the cost of the funeral,
    • the debts of the decedent (including mortgage loans, credit cards, home equity loans, etc.),
    • the expenses of the last illness,
    • all fees that are paid to the Register of Wills Office; and
    • the legal fees for processing the estate, and miscellaneous expenses and fees.

    Once the net value has been calculated, the Pennsylvania inheritance tax is applied as follows:

    • 04.50 % of that net value to children,
    • 12.00 % passing siblings, and
    • 15.00 % to other individuals would be taxed in Pennsylvania at a rate of 15%.

    Many people do not realize that there are certain types of assets that are exempt from the Pa Inheritance Tax:

    • As an example, life insurance proceeds which are paid directly to a beneficiary or are paid to the estate of the decedent are exempt.
    • an IRA account held in the decedent’s name, if the decedent had not reached the age of 59 ½, is exempt.

    Sometimes, jointly held property is ignored for tax purposes at the time of death. For example, where a decedent owns a bank account which is titled in the decedent’s name and, let us say, two of his children’s names, the decedent’s one-third interest would be taxed at a rate of 4.5%.

    However, if that account was established using only the decedent’s funds, and the decedent dies within one year, then the whole value of the account is taxed, not just a portion of it.

    If payment is made within 90 days of the date of death, the department discounts the amount by 5%.

    Bryn Mawr Pa Probate Attorneys Guide

    The Bryn Mawr Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell products.

    John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb. He has obtained over 95 client reviews and peer endorsements premier and prestigious Attorney and Counselor at Law.

    Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0Avvo Rated 10.0 SuperbAvvoJustiaLawyersMartindaleNoloQuora, and Thumbtack.

    John is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM. His office is open on all evenings, weekends, and holidays.

    Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-999-2157.

    John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale. He has received the AV Peer Judicial Preeminent award. He has received the Avvo Rated Superb 10.00 award, and the Avvo Rated Top Lawyer award. He has also received the Clients’ Choice Award, and the Top One Percent (1%) award.

    He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law). He is the recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law).

    He is also the recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

  • Can I Sue My Bryn Mawr Pa Power of Attorney?

    can-i-sue-my-bryn-mawr-pa-power-of-attorney-lawyers-attorneys

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Intro

    I explained in Bryn Mawr Pa Powers of Attorney Lawyers that Ardmore Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare. A Ardmore Pa Power of Attorney can grant broad authority or be very limited in scope. Unfortunately, there is so much fraud involved in their usage today.

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Challenge

    I have explained in Bryn Mawr Pa Beneficiary Lawyers, I have represented thousands of beneficiaries during my decades as an Estate Attorney. I can provide the necessary advice to protect your rights in nearly any Pa Estate, Pa Trust, and/or Pa Power of Attorney planning matter. If you suspect that a Pa Last Will, a Pa Trust, and/or a Pa Power of Attorney does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court via a Ardmore Pa Model Court Accounting. As I stated – and I cannot emphasize this enough – the fraud virtually amounts to outright stealing.

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Document Purposes

    A Pa Power of Attorney grants your Pa Agent (Fiduciary) the ability to control all of your affairs. Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare.

    It is a very powerful document; it permits your Pa Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away). Yet, inherent in the broad powers that your Pa Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Fiduciary Traits

    • Your Agent should be able and willing, first and foremost.
    • Your Agent should also be levelheaded and familiar.

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Common Misconceptions

    A common misconception is that a Power of Attorney eliminates your ability to act for yourself.  Quite to the contrary, and until you are deemed to be incapacitated, a Power of Attorney should properly be viewed as a “shared authority.”  After you have executed a Power of Attorney, you still retain all of the powers and decision-making abilities that you possessed beforehand, including the power to revoke the Power of Attorney.

    Another common misconception is that your Agent needs your permission to act.  Quite to the contrary, a Power of Attorney is a very powerful document.  It permits your Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away), and, inherent in the broad powers that your Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

    A Pa Power of Attorney can grant broad authority or be very limited in scope. I help you prepare for contingencies based on the specific circumstances surrounding you and your loved one. However, generally speaking, powers of attorney address three main areas of concern:

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Notice Provision Requirement

    The following shows – in capital letters – what is required by a Ardmore Pa Agent under a Pa Power of Attorney. I must emphasize that it states that “YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT’S FUNDS.”

    bryn-mawr-pa-power-of-attorney-notice-lawyers-attorneys-lawyers-law-firms

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Acknowledgement Provision Requirement

    Again, the following shows – in capital letters – what is required by a Ardmore Pa Agent under a Pa Power of Attorney. I must emphasize that it states that “I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY FUNDS.”

    bryn-mawr-pa-power-of-attorney-acknowledgement-lawyers-attorneys-lawyers-law-firms

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Accountings by Agents, Powers of Attorney

    A Durable General Power of Attorney gives an “Agent” power to manage assets. An interested person can Compel the Agent to file a Formal Accounting, explaining every action taken and justifying every expense. In the alternative, in order to obtain a release of liability, an Agent can Assemble, Submit and Defend a Formal Accounting.

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Assembling, Submitting and Defending Accountings for Agents

    If you served as an Agent you would be wise to receive a legal release for your service. First of all, long after you have completed your duties the court might force you to file a Formal Accounting if you have no release.

    Further, it is better to file your Accounting when you still have the funds to pay for the costs. Delaying may prove costly. Especially relevant, you will personally shoulder the cost to assemble and defend the Formal Accounting.

    Has a Beneficiary has obtained a court order compelling you to account? If so, it would be wise to have the Formal Accounting prepared and defended by an experienced Probate and Estates Accounting Lawyer. If you are unprepared, the judge could surcharge you for any amount you cannot properly explain.

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Compelling A Ardmore Pa Agent To Account

    Are you are an interested person who believes an Pa Agent has abused their powers? If so, you may have your experienced Probate and Estates Accounting Lawyer file a Petition forcing the Agent to file a Formal Accounting.

    Once filed, the interested parties may Contest and Object to the Accounting. If the judge believes the Agent’s actions wrongfully reduced the estate, then the judge may surcharge the Agent. If the Agent cannot recover the funds, the Agent must replenish the estate with the Agent’s own funds.

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Accountings by Agents, Powers of Attorney

    A Durable General Power of Attorney gives an “Agent” power to manage assets. An interested person can Compel the Agent to file a Formal Accounting, explaining every action taken and justifying every expense. In the alternative, in order to obtain a release of liability, an Agent can Assemble, Submit and Defend a Formal Accounting.

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Assembling, Submitting and Defending Accountings for Agents

    If you served as a Ardmore Pa Agent you would be wise to receive a legal release for your service. First of all, long after you have completed your duties the court might force you to file a Formal Accounting if you have no release.

    Further, it is better to file your Accounting when you still have the funds to pay for the costs. Delaying may prove costly. Especially relevant, you will personally shoulder the cost to assemble and defend the Formal Accounting.

    Has a Beneficiary has obtained a court order compelling you to account? If so, it would be wise to have the Formal Accounting prepared and defended by an experienced Accounting Lawyer. If you are unprepared, the judge could surcharge you for any amount you cannot properly explain.

    Can I Sue My Bryn Mawr Pa Power of Attorney? – The Pa Statute

    In Pennsylvania your duties as agent are specified in the Probate, Estates and Fiduciaries Code. The specific section can be found at Title 20, Chapter 56, Powers of Attorney. Although this section contains all of the rules that apply to Pa Powers of Attorney, the areas I am focusing on in this post are your duties that apply to you as a Pa Agent.

    Section 5601.3 of the law (20 Pa. C.S.A. §5601.3) lays out your duties when you are acting as someone’s agent under a Pa Power off Attorney.

    1. (a)  General rule.–Notwithstanding any provision in the power of attorney, an agent that has accepted appointment shall:
      1. (1)  [ … ]
      2. (2)  Act in good faith.
      3. (3)  [ … ]
    2. (b)  Other duties.–Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:
      • (1)  Act loyally for the principal’s benefit.
        • (1.1)  Keep the agent’s funds separate from the principal’s funds unless:
          • (i)  the funds were not kept separate as of the date of the execution of the power of attorney; or
          • (ii)  the principal commingles the funds after the date of the execution of the power of attorney and the agent is the principal’s spouse.
      • (2)  [ … ]
      • (3)  Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances.
      • (4)  Keep a record of all receipts, disbursements and transactions made on behalf of the principal.
      • (5) [ … ]
      • (6) [ … ]

    Although I omitted a few provisions of Section 5601.3, the focus of this post was to explain that commingling of assets will most likely create many problems for you. And be sure you read the power of attorney document and understand your duties and responsibilities before you start to act on behalf of your principal. If there is anything you don’t understand, get legal advice up-front not after the fact.

    Can I Sue My Bryn Mawr Pa Power of Attorney? – Conclusion

    Pennsylvania law provides that Pa Agents can be called to account for their actions under Pa Powers of Attorney. You may have financial liability if you are unable to adequately demonstrate the propriety of your actions.

    Bryn Mawr Pa Probate Attorneys Guide

    The Bryn Mawr Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell products.

    John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is featured on Avvo, Justia, Lawyers, LinkedIn, Martindale, Nolo, Quora, and Thumbtack. He is located at 696 Pont Reading Road, Ardmore, Pa, 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

  • Bryn Mawr Pa Payments Family Funeral Directors

    bryn-mawr-pa-lawyers-attorneys-payments-to-family-funeral-directors

    Bryn Mawr Pa Payments Family Funeral Directors – Intro

    There are alternatives for settling small estates instead of the traditional Probate process. Ardmore PA Payments to Family and Funeral Directors is one of them. The profession of law, in general, and the focus of Estate Law, in particular, is a constant balancing act between science and art. Our true hallmark as professionals is when our knowledge of the intricacies of the science is solid enough to lend itself easily to the art of the various situations with which we are presented.

    Most of the time, our estates do – and rightfully should – follow the traditional, time-tested route of the Probate and Estate Administration process.  Although this line of thinking is in no way wrong, it may be short sighted in certain circumstances where the formal procedures may be neither desired nor required.

    The essence of our dilemma lies in being able to readily identify and handle those situations where a streamlined approach would be better suited.  Being creatures of habit, however, this is easier said than done.

    Bryn Mawr Pa Payments Family Funeral Directors – The Statute

    The Pennsylvania statute, 20 Pa.C.S.A.  § 3101, Payments to Family and Funeral Directors (Section 3101), contains a few alternatives for use in the settlement of small estates.  Simply stated, it allows for the payment of a decedent’s assets in certain situations with no court documents or no court supervision.  However, despite Section 3101’s simplicity, a stand-off can, and often does, exist between the statute’s theoretical ease and the world’s practical complexity.

    On the one hand, the holder of a decedent’s assets does require that certain items (i.e., Short Certificate, Letters Testamentary, Small Estate Decree, etc.) be provided for release of the assets.  As they have the duties to both safeguard the decedent’s assets and release them only to the proper payee, they are certainly allowed to ensure that the one (payment of the assets) will work to cancel out the other (possible future liability).  In light of these responsibilities, any organization which has custody of a decedent’s assets (i.e., banks, brokerage firms, transfer agents, etc.) is often hesitant to release the decedent’s assets without any court documents or to anyone other than the estate’s personal representative.

    On the other hand, Section 3101 does not require that any paperwork be provided to the holder of a decedent’s assets.  Reluctance may appear from those unfamiliar with this statute insofar as they don’t understand what to do when they are not provided with their traditionally required items.  As a practical matter, providing the holder of the asset with a copy of Section 3101 could be helpful, because it shows them that they can properly pay the asset and be released from liability.

    Section 3101 contains five subsections.  Each subsection handles a particular situation where a decedent’s assets may be paid in the absence of any court documents.  Each subsection contains differences.

    They each address different types of assets that can be paid, different organizations by whom they can be paid, different people to whom they can be paid, and different requirements for them to be paid.  More importantly, each subsection contains similarities.

    The similarities lay in the fact that they each share five parallel traits which virtually overshadow their differences.  Accordingly, as Section 3101 addresses five scenarios, all of which contain strikingly similar attributes, it may be appropriate to view these parallel characteristics as the five traits.  Further, as the five scenarios, in essence, are exclusions to the dictates of its sister statute, Section 3102, and can be exclusions from the probate process itself independent of Section 3102, it may be convenient to refer to these five scenarios as the five exclusions.  With an understanding of the five traits and the five exclusions, the implementation of any of Section 3101’s situations can occur with relative ease.

    Bryn Mawr Pa Payments Family Funeral Directors – The Five Traits

    Section 3101’s five scenarios share similarities which virtually overshadow their differences, and they are referred to herein as the five traits.  These traits are the asset of the payment, the amount of the payment, the recipient of the payment, the protection of the payor of the payment, and the liability of the recipient of the payment.

    Asset

    The first trait (of the five traits of Section 3101) describes the asset that can be paid.  These assets include wages, salary, and employee benefits; deposit accounts; patient care accounts; insurance and annuities; and unclaimed property.

    Amount

    The second trait (of the five traits of Section 3101) describes the amount up to which an asset can be paid. The amounts are $10,000.00 and $11,000.00.

    Prior to the statute’s update, these various dollar amounts comprised the sums of $5,000.00 (of wages, salary, and employee benefits); $3,500.00 (of deposit accounts); $3,500.00 and an additional $500.00, for a $4,000.00 total (of patient care accounts); $11,000.00 (of insurance or annuity proceeds); and $11,000.00 (of unclaimed property).

    Recipient

    The third trait (of the five traits of Section 3101) describes the recipient to whom the asset can be paid.  These recipients include the decedent’s spouse, children, parents, and siblings, in that order of preference (referred to herein as the family hierarchy), and, in one case, a funeral director.  With the lone exception of a funeral director under Section 3010(c), it should be noted that only family members may take advantage of the five exclusions.  The wording of the statute implies that the exclusions are unavailable to agents, guardians, or other fiduciaries.

    The fourth trait (of the five traits of Section 3101) describes the protection accorded to the payor of the asset.  This protection releases the payor to the same extent as if the payment was made to a duly appointed personal representative, and covers employers, banks, care facilities, insurance companies, and the State Treasurer.

    The fifth trait (of the five traits of Section 3101) describes the liability attached to the payee of the asset.  This liability follows any person to whom payment is made (i.e., the family hierarchy and the funeral director), and holds the recipient answerable to anyone prejudiced by an improper distribution.

    Bryn Mawr Pa Payments Family Funeral Directors – The Five Exclusions

    Section 3101’s five scenarios are, in essence, exceptions to the dictates of its sister statute, Section 3102, as well as the probate process itself, and they are referred to herein as the five exclusions.  These exclusions speak to employers, banking houses, patient facilities, insurance companies, and the State Treasurer.

    (a) Wages, salary or employee benefits

    The first exclusion (of the five exclusions of Section 3101) speaks to employers.  An employer is permitted to pay the decedent’s wages, salary, or other benefits in an amount up to $10,000.00 to the family hierarchy.

    Upon payment, the employer is released and the recipient is liable.  There are no further requirements for payment under the first exclusion, Section 3101(a).

    (b) Deposit account

    The second exclusion (of the five exclusions of Section 3101) speaks to banking houses.  A banking house (i.e., bank, savings association, savings and loan association, credit union or other savings association) is permitted to pay the decedent’s deposit account in an amount up to $10,000.00 to the family hierarchy.

    Upon payment, the banking house is released and the recipient is liable.

    There is a further requirement for payment under the second exclusion, Section 3101(b).  The recipient of the item must provide written evidence that the funeral services have been paid (either by a receipt or an affidavit from the funeral home).  Seemingly, not included in the definition of banking house is whether a brokerage firm would fall within the statute’s grip of other savings association.  Presumably, a brokerage account with only a money market account would be included, but a brokerage account containing any other type of investment (i.e., stocks, bonds, and mutual funds) would not be included.

    (c) Patient’s care account

    The third exclusion (of the five exclusions of Section 3101) speaks to patient facilities, and is a two-step process.  A patient facility is permitted to pay the decedent’s patient care account in an amount up to $10,000.00 to a funeral home for the decedent’s burial expenses.  It is then permitted to pay the balance of the account to the family hierarchy.  The total payment by the patient facility can be in an amount up to $10,000.00.  Upon payment, the patient facility is released and the recipient is liable.

    There is a further requirement for payment under the third exclusion, Section 3101(c).  The decedent must have been a qualified recipient of medical assistance from the Pennsylvania Department of Welfare.  Although the wording of the statute implies that this exclusion is unavailable to private-pay patient care accounts, perchance it may not be so restricted in practice.

    (d) Life insurance payable to estate

    The fourth exclusion (of the five exclusions of Section 3101) speaks to insurance companies.  An insurance company is permitted to pay life, endowment, accident, or health insurance proceeds or annuity proceeds, otherwise payable to the decedent’s estate, in an amount up to $11,000.00 to the family hierarchy.  Upon payment, the insurance company is released and the recipient is liable.

    There are two further requirements for payment under the fourth exclusion, Section 3101(d).

    The first requirement is that the insurance company must wait sixty (60) days before making payment of the proceeds.

    The first requirement and, at the time that the insurance company makes payment of the proceeds, the insurance company must not have received written claim for those proceeds by the decedent’s personal representative.  Presumably, if the insurance company has received written claim for the proceeds by the personal representative, they are duty bound to release those proceeds to the personal representative, and the matter should be investigated further.

    (e) Unclaimed property

    The fifth exclusion (of the five exclusions of Section 3101), and the newest addition to Section 3101, speaks to the State Treasurer.

    The State Treasurer is permitted to pay the decedent’s unclaimed or abandoned property in an amount of up to $11,000.00 to the family hierarchy.

    Upon payment, the State Treasurer is released and the recipient is liable.  There are further requirements for payment under the fifth exclusion, Section 3101(e).

    The recipient must provide a death certificate, a sworn affidavit containing various averments about the status of a personal representative, and any other information determined by the State Treasurer to be necessary in order to distribute property or pay funds under this section to the proper person.

    Bryn Mawr Pa Payments Family Funeral Directors – The Conclusion

    A review of Section 3101 shows the five traits permeate its allowable payments.  These traits are asset, amount, recipient, protection, and liability.  Keeping these traits in mind, Section 3101 becomes easier to conceptualize.

    A review of Section 3101 shows that the five exclusions speak to the various entities that may allow you to circumvent a small estate petition, as well as the probate process.  These exclusions speak to employers, banking houses, patient facilities, insurance companies, and the State Treasurer.

    Keeping these exclusions in mind, Section 3101 becomes easier to utilize.  Being creatures of habit, perhaps, this may now be easier done than said.

    John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

  • Bryn Mawr Pa Estate Planning Attorneys Guide

    bryn-mawr-pa-probate-lawyers-attorneys-estate-planning-guide

    Bryn Mawr Pa Estate Planning Attorneys Guide – Intro

    This Bryn Mawr Pa Estate Planning Guide is the best gift you can give your loved ones is to have your Pa Estate Planning complete.

    Unfortunately, to a great extent, misinformation about critical terms such as Pa Inheritance Tax, Federal Estate Tax, Pa Probate, avoiding probate, simple will, and Pa Living Trust, tends to lead to misunderstandings of Pa Estate Planning.

    These misunderstandings, in turn, tend to lead to mistakes in Pa Estate Planning.

    These mistakes, again, in turn, tend to lead to unintended results after one’s death.

    In an effort to eliminate such misinformation, misunderstandings, and mistakes, this article will hopefully serve as a review – in very simple terms – of the basic, core issues of estate planning and its basic documents.

    Bryn Mawr Pa Estate Planning Attorneys Guide – The Documents

    There are four primary Pa Estate Planning documents that tend to form the foundation of most good estate plans. These documents are a

    • Pa Power of Attorney,
    • Pa Advance Directive for Health Care (a Pa Living Will),
    • Pa Last Will, and (at, times)
    • Pa Trust

    Although each document has a different purpose, each document designates someone who is responsible for carrying out the wishes set forth in the document.

    I refer to these people – those in charge – as “The Bosses.

    Bryn Mawr Pa Estate Planning Attorneys Guide – The Bosses

    Each document has a boss who is in charge of carrying out the terms of that particular document. Under Pennsylvania law, the proper terms for the bosses are:

    • Pa Agent (under a Pa Power of Attorney),
    • Pa Surrogate (under a Pa Living Will),
    • Pa Executor (under a Pa Last Will),
    • Pa Trustee (under a Pa Trust).

    Although a technical knowledge of these terms can be useful, it is not the point of this article. The focus is to illustrate that an Agent, a Surrogate, an Executor, and a Trustee are just the bosses of that respective document.

    Bryn Mawr Pa Estate Planning Attorneys Guide – The Powers

    Each boss has powers, and these powers can be summarized very simply.

    • Pa Agent (under a Power of Attorney) can help manage all of your affairs
    • Pa Surrogate (under a Pa Living Will) can ensure your end of life decisions.
    • Pa Executor (under a Pa Last Will) can administer your Pa Estate
    • Pa Trustee (under a Pa Trust) can monitor and manage your Pa Trust.

    Again, and although a technical knowledge of the parameters of these various powers can be useful, it is not the point of this article. The focus is to illustrate that a Pa Agent, a Pa Surrogate, a Pa Executor, and a Pa Trustee can generally possess broad powers to act for you under that respective document.

    Bryn Mawr Pa Estate Planning Attorneys Guide – The Traits

    Although all four of the documents require bosses that possess certain traits or characteristics in order for that document to be as effective as possible, I have experienced that two traits should be inherent in all of the bosses of all four of the documents

    • Ability
    • Willingness.

    Although the bosses of each of the documents should also possess additional traits for that particular document to be effective (all of which shall be addressed later), unless your boss is able and willing to act on your behalf, your desires and wishes may not be followed.

    Bryn Mawr Pa Estate Planning Attorneys Guide – The Documents

    There are four primary documents that tend to form the foundation of most good estate plans. A succinct review of each, and the misunderstandings of each, follows.

    Bryn Mawr Pa Powers of Attorney Lawyers

    A Pa Power of Attorney can grant your boss (Pa Agent) the ability to control all of your affairs. It is a very powerful document; it can permit your Pa Agent the broadest of powers to do anything which you could have done (i.e., give all your money away), but yet, inherent in these broad powers, is the reality that your Pa Agent may actually do anything which you could have done (i.e., give all your money away).

    A Pa Power of Attorney can be durable (effective after you are incapacitated), current (effective now), or springing (effective upon the happening of a future event (i.e., the decision by your treating physician that you can no longer act for yourself).

    A common misconception is that a Pa Power of Attorney eliminates your ability to act for yourself. Quite to the contrary, and until you are deemed incapacitated, a Pa Power of Attorney should properly be viewed as a shared authority – you still retain all of the powers and decision making ability that you possessed before you executed the Pa Power of Attorney.

    With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Agent) should also be:

    • Levelheaded
    • Familiar with your affairs.

    Bryn Mawr Pa Living Wills Lawyers

    A Pa Advance Directive for Health Care can grant your boss (Pa Surrogate) the ability to execute your end of life decisions and decide whether life-sustaining measures should be used. The common misconception of this document is when it will become operative.

    There are two triggers that must occur before your Surrogate is even given the option of acting: the first is that you must be unable to communicate your own decisions, and the second is that you must have been diagnosed with a terminal condition or as being permanently unconscious.With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Surrogate) should also be:

    • Stoic
    • Strong.

    Bryn Mawr Pa Last Wills Lawyers

    A Pa Last Will can grant your boss (Pa Executor) the ability to administer your Estate.

    The most common misconception that surrounds a Pa Will is the process called Pa Probate and the seemingly universal theme that it should be avoided at all costs.

    Again, and virtually to the contrary, the word probate is merely the Latin infinitive verb that means to prove, and, although some states do have onerous probate procedures (where the avoidance of probate may be a prudent strategy), Pennsylvania is not one of those states. In fact, probating a Will in Pennsylvania is very simple.

    Also very important is the fact that a Will only disposes of the assets (1) that you own in your individual name alone and (2) that possess no beneficiary designations (i.e., no tags). Consequently, items owned jointly with another are controlled by property law (not Will law) and will pass to the joint owner(s) at your death, and items that have beneficiary designations will be controlled by contract law (not Will law) and pass to the designated beneficiaries at your death. With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Executor) should also be:

    • Honest
    • Diplomatic. 

    Bryn Mawr Pa Trusts Lawyers

    A Pa Trust can grant your boss (Pa Trustee) the ability to monitor and manage your Pa Trust. The types of Trusts can be viewed simply as being either (1) revocable (which are created during your life and which become irrevocable upon your death), (2) irrevocable (which are created during your life and become irrevocable upon their creation), and (3) and testamentary (which are created under your Will and which become irrevocable upon your death

    Vital is the fact that they can be extremely useful for individuals with Special Needs (i.e., autism, addictions, minors, etc). With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Trustee) should also be

    • Attentive
    • Decisive.

    Bryn Mawr Pa Estate Planning Attorneys Guide – The Taxes

    Another area of misconception in the Pa Estate Planning area involve the taxes that are imposed on the value of your assets on the date of your death.

    Basically, two death taxes can be imposed on Pennsylvania residents: the

    • Federal Estate Tax, and
    • Pa Pennsylvania Inheritance Tax.

    Unlike the income tax, which is very descriptive in its title – as it is imposed upon your income – the phrases “Federal Estate Tax” and “Pa Inheritance Tax” are misnomers in that may tend to belie the actual fact that these are taxes imposed by virtue of your death.

    Federal Estate Tax

    The Federal Estate Tax begins at a wealth threshold.

    If you possess less than the wealth threshold at your death, the federal estate tax will not be applicable. If it is applicable, the tax is imposed on a percentage scale according to the amount of wealth (i.e., potentially 47% of the value of your assets above the current $1,500,000. 00 wealth threshold). This threshold has been, is, and is scheduled to continue to increase. In 2005, the threshold is $1,500,000. 00; in 2006, 2007, and 2008, the threshold is $2,000,000. 00; in 2009, the threshold is $3,500,000.00; in 2010, the Federal Estate Tax is scheduled to be eliminated; but in 2011, the Federal Estate Tax is scheduled to return with a threshold of $1,000,000.00.

    PA Inheritance Tax

    The Pennsylvania Inheritance Tax has no wealth threshold and starts immediately. It is imposed on a percentage based on the relationship of the beneficiary

    1. 00.00% = Spouses and Charities are taxed at a 00.00% tax rate, 
    2. 04.50% = Lineal descendants are taxed at a 4.50%,
    3. 12.00% = Siblings brothers and sisters
    4. 15.00% = Collaterals (everyone else).

    Bryn Mawr Pa Estate Planning Attorneys Guide – The Pointers

    In conclusion, there are four basic pointers for all who are faced with estate planning.

    1. Title your assets with the utmost care (i.e., joint ownership, beneficiary designations, etc.)
    2. With respect to transferring your assets (i.e., re-titling, gifting, etc) during your lifetime, get advice before you do so (before the bombs go off).
    3. Always have your estate planning documents up-to-date because laws, taxes, and people change.
    4. Most importantly – pick your bosses very carefully.

    Bryn Mawr Pa Probate Attorneys Guide

    The Bryn Mawr Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell products.

    John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is featured on Avvo, Justia, Lawyers, LinkedIn, Martindale, Nolo, Quora, and Thumbtack. He is located at 696 Pont Reading Road, Ardmore, Pa, 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

  • When Should I Update My Bryn Mawr Pa Last Will?

    when-should-I-update-my-bryn-mawr-pa-last-will-lawyers-attorneys

    When Should I Update My Bryn Mawr Pa Last Will? – Bio

    John B. Whalen Jr Esq
    Serving Ardmore Pa Probate Lawyers
    696 Pont Reading Road, Ardmore, PA 19003

    When Should I Update My Ardmore Pa Last Will? – Video

    YouTube player

    Bryn Mawr Pa Probate Attorneys Guide

    Cornerstone content is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.

    Bryn Mawr Pa Estate Planning Attorneys Guide

    The best gift you can give your loved ones is to have your Estate Planning complete. Unfortunately, to a great extent, misinformation about critical terms such as Pa Inheritance Tax, Federal Estate tax, Pa Probate, avoiding probate, simple will, Pa Living Will, and Pa Living Trust, tends to lead to misunderstandings of estate planning.

    Practice Areas

    He concentrates his three decade career in the legal areas Pa Probate,Pa Estate Planning including Pa Last Wills, Pa Powers of Attorney, Pa Living Wills), Pa Estate Administration, Pa Estate Taxation, Pa Estate Litigation, Pa Beneficiary Representation, and Pa Guardianships.

    Mr. Whalen has over 3,967 LinkedIn Profile Followers. 99 LinkedIn Peer Endorsements. 27 Avvo Peer Endorsements. 24 Martindale Peer Reviews. 12 Lawyers Client Reviews. 68 Avvo Client Reviews – over 5,000 Reviews

    Mr. Whalen has achieved the AV Peer Review Rated Preeminentaward from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

    He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates, from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

    He has also been named as an Awesome Attorney in the field of Estate Planning Law (by the Suburban Life Magazine of the Philadelphia suburbs) for the years 2010 through 2018, and was Editor-in-Chief of the Delaware Law Forum at Widener School of Law.

    Curriculum Vitae

    Mr. Whalen is a frequent speaker and writer on the areas of Probate, Wills, Trusts, Estates.

    I have spoken for the Pennsylvania Bar Institute, spoken at the Widener University Osher Lifelong Learning Institute, and spoken at the Delaware County Estate Planning Council.

    He has also had his legal articles published by the Pennsylvania Bar Institute, the Pennsylvania Law Weekly, the Philadelphia Business Journal, and the Martindale.Com website.

    He has had his law blogs published on the Lawyers.Com website.

    Mr. Whalen is a member of the Pennsylvania Supreme Court and the United States Federal Court for the Eastern District of Pennsylvania.

    He is past president of the Delaware County Estate Planning Council, a past Internship Instructor of Conestoga High School, and Villanova University School of Law.

    He is a past member of the Chester County Estate Planning Council and a past President of the Chesterbrook Picket Post Condominium Association.

    Bryn Mawr Pa Beneficiary Lawyers

    There are many factors that can affect the distribution of estate assets. In some cases, there may be a Pa Will that identifies you as a beneficiary; in other cases, there may not be a will at all. In still other cases, there may be a dispute involving the administration of the estate. For example, a beneficiary may disagree with how the executor or personal representative is distributing assets.

    Bryn Mawr Pa Estate Administration Lawyers

    Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.

    Bryn Mawr Pa Estate Lawyers

    Pa Estate law comprises many areas of law. However, all of these areas of law focus on taking care of one’s person and property. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. A Pa Estate is anything that makes up a person’s net worth. Very simply, an estate is what a person has in their own name alone.

    Bryn Mawr Pa Estate Litigation Lawyers

    Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

    Bryn Mawr Pa Estate Planning Lawyers

    An attorney who specializes in Pa Estate Planning can help you create a complete plan (including Pa Last Wills, Pa Powers of Attorney, and Pa Living Wills, etc.) to protect your spouse and children if you become unable to manage your financial affairs. Pa Estate Planning allows you to make decisions now so your wishes can be carried out if you die or become incapacitated.

    Bryn Mawr Pa Powers of Attorney Lawyers

    When you execute a legal document called a power of attorney, you are authorizing another individual to make certain decisions on your behalf. The person who signs the document is called the principal and the person who is authorized to make decisions is known as the agent or attorney-in-fact.

    A limited power of attorney restricts the permissible activities of the agent to a specific period of time. For instance, if you are in the military and are being deployed overseas for six months, you can set up a limited power of attorney with an individual you trust. That person may be granted access to your bank account so they can pay your mortgage or other monthly expenses while you are away from home.

    A durable power of attorney, unlike other forms of this type of legal document, does not expire if the principal becomes incapacitated. The agent may continue to make financial and medical decisions as indicated in the original document.

    Bryn Mawr Pa Living Wills Lawyers

    Living wills are also referred to as an advance directive or a health care directive. It is a legal document that communicates your desire in the treatment of serious medical problems in the event that you are unable to speak for yourself. They do not go into effect unless you are incapacitated and unable to express yourself. Having a living will can relieve your close relatives from the burden of having to make the decision about whether to remove you from life support.

    Bryn Mawr Pa Trusts Lawyers

    Trusts are legal documents that allow you to control how your assets will be allocated or managed. You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee. Individuals who receive money or other assets are the beneficiaries.

    Property placed in a trust, unlike wills, is not subject to probate. You can also create a revocable trust which can be canceled or revoked at any time while you are alive. Trusts can be set up for a child’s education or to reduce estate taxes.

    Bryn Mawr Pa Last Wills Lawyers

    A Will is an important document to execute in order to avoid disputes about how your assets will be divided when you die. The executor who administers the distribution of assets from your estate will allocate your possessions as you specified. You should periodically review your Will to make sure it is still relevant and accurate. Life changing events, such as the birth of a child or a marriage, may require amendments to the original document.

    Bryn Mawr Pa Estate Litigation Lawyers

    Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

    Bryn Mawr Pa Estate Taxation Lawyers

    When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records. Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.

    Bryn Mawr Pa Guardianships Lawyers

    The Pa Guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. For the past twenty-five (25) years, Attorney Whalen has built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

    Bryn Mawr Pa Probate Law Lawyers

    The Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.


    Bryn Mawr Pa Probate Attorneys Guide

    Cornerstone content is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.


    John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

  • What Is A Bryn Mawr Pa Last Will?

    what-is-a-bryn-mawr-pa-last-will

    What Is A Bryn Mawr Pa Last Will? – Bio

    John B. Whalen Jr Esq
    Serving Bryn Mawr Probate Lawyers
    696 Pont Reading Road, Ardmore, PA 19003

    What Is A Bryn Mawr Pa Last Will? – Video

    YouTube player

    Bryn Mawr Pa Probate Attorneys Guide

    Cornerstone content is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.

    Bryn Mawr Pa Estate Planning Attorneys Guide

    The best gift you can give your loved ones is to have your Estate Planning complete. Unfortunately, to a great extent, misinformation about critical terms such as Pa Inheritance Tax, Federal Estate tax, Pa Probate, avoiding probate, simple will, Pa Living Will, and Pa Living Trust, tends to lead to misunderstandings of estate planning.

    Practice Areas

    He concentrates his three decade career in the legal areas Pa Probate,Pa Estate Planning including Pa Last Wills, Pa Powers of Attorney, Pa Living Wills), Pa Estate Administration, Pa Estate Taxation, Pa Estate Litigation, Pa Beneficiary Representation, and Pa Guardianships.

    Mr. Whalen has over 3,967 LinkedIn Profile Followers. 99 LinkedIn Peer Endorsements. 27 Avvo Peer Endorsements. 24 Martindale Peer Reviews. 12 Lawyers Client Reviews. 68 Avvo Client Reviews – over 5,000 Reviews

    Mr. Whalen has achieved the AV Peer Review Rated Preeminentaward from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

    He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates, from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

    He has also been named as an Awesome Attorney in the field of Estate Planning Law (by the Suburban Life Magazine of the Philadelphia suburbs) for the years 2010 through 2018, and was Editor-in-Chief of the Delaware Law Forum at Widener School of Law.

    Curriculum Vitae

    Mr. Whalen is a frequent speaker and writer on the areas of Probate, Wills, Trusts, Estates.

    I have spoken for the Pennsylvania Bar Institute, spoken at the Widener University Osher Lifelong Learning Institute, and spoken at the Delaware County Estate Planning Council.

    He has also had his legal articles published by the Pennsylvania Bar Institute, the Pennsylvania Law Weekly, the Philadelphia Business Journal, and the Martindale.Com website.

    He has had his law blogs published on the Lawyers.Com website.

    Mr. Whalen is a member of the Pennsylvania Supreme Court and the United States Federal Court for the Eastern District of Pennsylvania.

    He is past president of the Delaware County Estate Planning Council, a past Internship Instructor of Conestoga High School, and Villanova University School of Law.

    He is a past member of the Chester County Estate Planning Council and a past President of the Chesterbrook Picket Post Condominium Association.

    Bryn Mawr Pa Beneficiary Lawyers

    There are many factors that can affect the distribution of estate assets. In some cases, there may be a Pa Will that identifies you as a beneficiary; in other cases, there may not be a will at all. In still other cases, there may be a dispute involving the administration of the estate. For example, a beneficiary may disagree with how the executor or personal representative is distributing assets.

    Bryn Mawr Pa Estate Administration Lawyers

    Pa Estate Administration is the process of settling a decedent’s affairs. When a loved one passes away, it can be an emotional time. In addition to grieving their passing, those that survive them must tie up all the legal and financial loose ends related to their life and estate. This includes addressing their Pa Last Will and following its instructions.

    Bryn Mawr Pa Estate Lawyers

    Pa Estate law comprises many areas of law. However, all of these areas of law focus on taking care of one’s person and property. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. A Pa Estate is anything that makes up a person’s net worth. Very simply, an estate is what a person has in their own name alone.

    Bryn Mawr Pa Estate Litigation Lawyers

    Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

    Bryn Mawr Pa Estate Planning Lawyers

    An attorney who specializes in Pa Estate Planning can help you create a complete plan (including Pa Last Wills, Pa Powers of Attorney, and Pa Living Wills, etc.) to protect your spouse and children if you become unable to manage your financial affairs. Pa Estate Planning allows you to make decisions now so your wishes can be carried out if you die or become incapacitated.

    Bryn Mawr Pa Powers of Attorney Lawyers

    When you execute a legal document called a power of attorney, you are authorizing another individual to make certain decisions on your behalf. The person who signs the document is called the principal and the person who is authorized to make decisions is known as the agent or attorney-in-fact.

    A limited power of attorney restricts the permissible activities of the agent to a specific period of time. For instance, if you are in the military and are being deployed overseas for six months, you can set up a limited power of attorney with an individual you trust. That person may be granted access to your bank account so they can pay your mortgage or other monthly expenses while you are away from home.

    A durable power of attorney, unlike other forms of this type of legal document, does not expire if the principal becomes incapacitated. The agent may continue to make financial and medical decisions as indicated in the original document.

    Bryn Mawr Pa Living Wills Lawyers

    Living wills are also referred to as an advance directive or a health care directive. It is a legal document that communicates your desire in the treatment of serious medical problems in the event that you are unable to speak for yourself. They do not go into effect unless you are incapacitated and unable to express yourself. Having a living will can relieve your close relatives from the burden of having to make the decision about whether to remove you from life support.

    Bryn Mawr Pa Trusts Lawyers

    Trusts are legal documents that allow you to control how your assets will be allocated or managed. You are considered the grantor and the person that manages and distributes assets in the trust is known as the trustee. Individuals who receive money or other assets are the beneficiaries.

    Property placed in a trust, unlike wills, is not subject to probate. You can also create a revocable trust which can be canceled or revoked at any time while you are alive. Trusts can be set up for a child’s education or to reduce estate taxes.

    Bryn Mawr Pa Last Wills Lawyers

    A Will is an important document to execute in order to avoid disputes about how your assets will be divided when you die. The executor who administers the distribution of assets from your estate will allocate your possessions as you specified. You should periodically review your Will to make sure it is still relevant and accurate. Life changing events, such as the birth of a child or a marriage, may require amendments to the original document.

    Bryn Mawr Pa Estate Litigation Lawyers

    Most estates, especially when there is a proper will in place, are easily settled. Yet there are times when other factors complicate the issue, creating a situation that requires more careful consideration. For example, a family business, an estate that is in bankruptcy or an estate that holds significant amounts of real estate may become complicated quite quickly. This is where estate litigation comes into play.

    Bryn Mawr Pa Estate Taxation Lawyers

    When an individual acts in a fiduciary capacity such as a Pa Executor of a Pa Last Will or a Pa Trustee of the financial assets of another person or entity, they have the responsibility of keeping accurate financial records. Those records should show how money was spent, invested or distributed while under the fiduciary’s care and control. Proper accounting can bring to light the mismanagement or bad investment of funds should an issue arise with an interested party.

    Bryn Mawr Pa Guardianships Lawyers

    The Pa Guardianship process can be filled with emotions. Realizing that a loved one is no longer capable of caring for his or her self can be difficult to accept. For the past twenty-five (25) years, Attorney Whalen has built a reputation for providing compassionate legal care for his clients, putting their needs and interests first while navigating emotionally trying circumstances.

    Bryn Mawr Pa Probate Law Lawyers

    The Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (also known as the Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.


    Bryn Mawr Pa Probate Attorneys Guide

    Cornerstone content is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.


    John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.