Steven M Zelinger’s Answers

Steven M Zelinger

Philadelphia Estate Planning Attorney.

Contributor Level 20
  1. My brother is executed of my moms estate and he got all her computers I phone and I pad 5days before her death because he knew

    Answered 9 months ago.

    1. Donna R Blaustein
    2. Steven M Zelinger
    3. Douglas C Martinson II
    4. Clarence Blake West
    4 lawyer answers

    Think of it this way: You are suspicious but he will say he was simply marshalling and protecting the assets of the estate (which is his job). It is good to be safe and have your own attorney so you can review his actions when he provides an accounting or other information about the estate.

    11 lawyers agreed with this answer

  2. Should gay unmarried couples who wish to name each other as executor in their wills, etc as "partner" or "life partner?"

    Answered 9 months ago.

    1. Thomas C. Marino
    2. E. Alexandra Golden
    3. Steven M Zelinger
    4. Sean Patrick Lewis
    5. Kevin H. Pate
    6. ···
    9 lawyer answers

    Can you expand on your question - I'm not really clear what is being asked. Anyone can name anyone else as an executor if they wish (as long as they are a competent adult). If the question is should they use the word/words "partner" or "life partner" then the answer is yes, it can't hurt but it probably doesn't mean much legally.

    11 lawyers agreed with this answer

  3. My dad recently passed away and my sister claims to have POA. When it came down to it, his funeral arrangements were terrible!

    Answered over 1 year ago.

    1. Steven M Zelinger
    2. Charles Richard Perry
    3. James P. Frederick
    3 lawyer answers

    Firstly, a POA or power of attorney gives a person the right to act as "agent" for another person (the "principal") during their life when they are incapacitated. Once someone dies, the agency ends and the POA is meaningless. Expenses of burial are an expense of the person's estate. That said, a person may not have much of an estate if they pass all their assets to people through non-probate transfers (beneficiary designations on life insurance, IRA, etc.). You say she is the beneficiary of...

    11 lawyers agreed with this answer

  4. How best to transfer real estate to limit/avoid estate taxes in Texas before 2013 change in tax rate and lifetime gift exemption

    Answered over 1 year ago.

    1. Steven M Zelinger
    2. Orsen E. Paxton III
    3. Marty L. Oblasser
    4. William Martin Burbank
    4 lawyer answers

    I would act quickly to contact an estate planning attorney in your area. The most complicated part of what you are proposing is the valuation of the gift which will require considerable expertise (and perhaps time and expense) so time is ticking. Act now and see an attorney.

    11 lawyers agreed with this answer

  5. How to go about applying to be executor if none named on will?

    Answered 10 months ago.

    1. Steven M Zelinger
    2. Richard Albert Luthmann
    3. Joseph Franklin Pippen Jr.
    4. Brad Michael Micklin
    4 lawyer answers

    The other attorneys are correct. If there is no backup executor named it will be as if he died without a will as to that issue so it would be among the closest relatives. If there are several people at the same level of relation and an agreement can be made those people can renounce their right to be administrator and allow one of them to serve.

    Selected as best answer

  6. Are we liable for neglect or any other charges, should my mother die in her home? If so how do we rescind our Power-of-Attorney?

    Answered 11 days ago.

    1. Steven M Zelinger
    2. Ruth Elaine McMahon
    3. Ivette M Santaella
    4. Lenore J. Myers
    5. Cheryl Sellers Johnson
    6. ···
    6 lawyer answers

    You need to make a decision about what is best for her care - in home care, nursing home, taking her in. Whether you can do that with the POA(s) or you need guardianship depends on the language of the POA or exactly the situation.

    9 lawyers agreed with this answer

  7. I am listed on my fathers savings account, but he does not have a POA. I live in PA. What happens to the acct. when he passes

    Answered 7 months ago.

    1. Steven M Zelinger
    2. Lawrence A Friedman
    3. Christopher Daniel Leroi
    4. David James Henry
    5. Robert P. Gasparro
    5 lawyer answers

    If you were POA on the accont that would mean you have to use the funds for his benefit. If you are "on" the account I assume you mean that the account is titled to "pay on death" to you or it is "joint with right of survivorship." In either of those latter to POD/JTWROS the money becomes yours immediately upon his death. That means it does not have to be shared. Remember however that depending on how it is titled if this is in PA there will be PA inheritance tax due (4.5% to children -...

    9 lawyers agreed with this answer

  8. My father-in-law who is 94 just received an inheritance from a daughter from his first marriage who died without a will.

    Answered over 1 year ago.

    1. Steven M Zelinger
    2. Adam Troy Rauman
    3. James P. Frederick
    3 lawyer answers

    It sounds like your FIL needs to sit down with an estate planning attorney to go over his own estate plan. From your description, the fact that he got the funds through a settlement has no effect. If the prior case is settled and he has received the funds, the funds are his, period. At this point, you have to make sure that your FIL has proper valid powers of attorney and perhaps a revocable living trust so that assets can be used for his benefit while he is alive and if and when he is...

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  9. Probate Question. Am I required to give a deposition without knowing exactly what I am being accused of from the petitioner?

    Answered over 1 year ago.

    1. Steven M Zelinger
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    You need an attorney in order to be advised of your rights. To answer some of your questions, a deposition is always within the purview of a court action that has already been filed so it is "court ordered." You may be required to attend the deposition but you need an attorney to know what questions you are or are not required to actually answer.

    Selected as best answer

  10. I possess a two-sided will from my grandfather. Will the courts accept this?

    Answered 7 months ago.

    1. Joseph Jonathan Brophy
    2. Steven M Zelinger
    3. Suzanne M Carter
    4. John P Corrigan
    5. Michael S. Haber
    5 lawyer answers

    Ms. Carter gives a good answer. The fact that a will has printing on both sides of the page probably doesn't matter if it meets the other requirements (it is clear it is intended to be a will, it is signed at the end, has witnesses, etc.). The probate office will determine if it is valid. If the will (or more rightly purported will) has an executor named that person should take possession of it if they can and take it, along with a death certificate, for probate. It is usually a good idea...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

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