Laura Cohen's Answers

How long does Pennsylvania take to issue tax clearance letter after rev-1500 filed

They are required to send you a clearance within 6 months of filing. Lately, they have been taking that long.

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How can i find out if the probate process finished on my uncle's estate?

You can call the Department of Court Records Orphans Court at 412-350-4186. They may be able to tell you over the phone. If not you can go to the City County Building in town and go to the Register of Wills office to check on the file.

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Question relating to Pennsylvania Medicaid estate recovery of funds held in a joint bank account with decedent and nephew

The joint account is not a probate asset and therefore is not available for estate recovery.

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Can i get custody of my son?

You will need to have a court order stating tht you now have custody of your son. If you currently have a custod order in Missouri then you will have to have it changed there. If you do not currently have a court order one must be preapred and signed off by a judge in Missouri stateing that you have primary custody. Without the court order, the child's father can come and take him back.

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Questions about what happens after the 2 year separation period in PA

It is hard to say when it will be done. In Allegheny County they will not issue a divorce decree until the equitable distribution is completed. Your inventory will be due to the court to mmake the process begin. She will also have to file one before you can get a date before a judge. Its not quite as simple as filing out papers. I suggest that you consult with any attorney to discuss this and get the ball rolling. Please feel free to contact me if you need assistance.

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In process of divorce in Pennsylvania

As long as the assets you purchased with the inheritance remained in your own name they are not considered marital property. You should discuss equitable distribution wtih a Family Law attorney. Depending on your other assets both marital and non marital the inheritance you have me be of some negotiating power with regard to other assets you may want to retain. Laura Cohen, Esq

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In the state of PA, does the beneficiary of a ITF bank account have to pay inheritance tax?

I agree with my collegue. However, you should know that with an ITF account the full amount of the account has to have inheritance tax paid on it. It it is ITF for a lineal descedant ie: son, daughter, grand child the it will be taxed at 4.5%. If it is ITF for a sibling then it will be taxed at 12%. IIf it is ITF for anyone else it will be taxed at 15%. There are deductions that may be available to reduce the tax burden. You should contact an estate attorney for more information. If this...

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May be getting divorced. My husband purchased our home a year before we got married. Who gets the house.

If he purchased the hosue before you were maried and he has not put your name on it it is pre-marital property and is not considered in equitable distribution. However, if the house has increased in value since the date of marriage the increase and value would be marital property.

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Do I need to probate my husbands will if I am the only beneficiary? I reside in Pa.

You only have to probate the will if your husband had any assets solely in his own name. If everything was in joint name you do not have to probate the will. This includes, your house, bank accounts, investment accounts or any other asset that has an owner designated.

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If I petition the court to resign as executor, is it my responsibility to find a qualified replacement?

If there was a will naming another individual as the alternate executor, that person would become the executor. If not, it would be helpful for the if you had someone in mind.