Mark T. Coulter’s Answers

Mark T. Coulter

Monroeville Trusts Attorney.

Contributor Level 9
  1. Estate recovery letter?

    Answered 10 months ago.

    1. Mark T. Coulter
    2. William R. Blumer
    3. Jacques H. Geisenberger Jr.
    4. Joan R. Schliem
    4 lawyer answers

    Pennsylvania's Estate Recovery program is currently limited to essentially probate assets, and as such under the applicable regulations, does not apply to property held jointly with rights of survivorship. Feel free to contact us with further questions.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. If i make my own will do i need to file it anywhere to make it legal?

    Answered over 1 year ago.

    1. John B. Whalen Jr.
    2. Mark T. Coulter
    3. Alan James Brinkmeier
    3 lawyer answers

    I agree with John's answer. Your Will doesn't need to be filed while you are alive, and no one needs to review it in advance. This, however, highlights the dangers of a self-made Will, in that a Will doesn't operate legally until after your death. That is when your family discovers if your Will is valid, properly executed, and operates the way you thought it would. You, on the other hand, are gone, and you don't know if it was right or not. That is why people trust their attorney to draft even...

    6 lawyers agreed with this answer

  3. Inheritance taxes for property owned as joint tenants with rights of survivorship?

    Answered almost 3 years ago.

    1. Steven M Zelinger
    2. Mark T. Coulter
    3. Mary Lynn Symons
    4. Steven Drew Baker
    4 lawyer answers

    To supplement the above answer, the survivor has some flexibility in how the property is valued for PA Inheritance Tax purposes. In many cases, the Dept. of Revenue is satisfied with the Assessed Value, multiplied by the published Common Level Ratio for that county and year, which is supposed to approximate fair value, but has traditionally been pretty low. This effectively reduces the Inheritance Tax due on the inherited half, but also decreases the 'step up' in basis which the surviving owner...

    6 lawyers agreed with this answer

  4. Can I establish an Irrevocable Trust and transfer my checking account for my grandson so I can qualify for SSI?

    Answered almost 3 years ago.

    1. Mark T. Coulter
    2. Steven J. Fromm
    3. David L. Carrier
    3 lawyer answers

    Since your question is understandably limited in information regarding your personal goals and circumstances, please understand that this answer is only general in nature. In general, uncompensated transfers (i.e. gifts) are held against you for five years. That said, if you don't need to qualify for SSI for five years, then you can establish a trust as you described, among other options. I'm assuming, however, that you seek quicker qualification. Options available can include using the...

    6 lawyers agreed with this answer

  5. Can the representive of an intestate will ,that i am a beneficiary....my sister....refuse to show me copys of estate ckecks

    Answered over 1 year ago.

    1. Mark T. Coulter
    2. Charles Adam Shultz
    2 lawyer answers

    The Administrator of the estate has an obligation to provide the beneficiaries with an accounting of the administration of the estate, but that doesn't mean they have to answer questions on demand, or "show their work" each month as they go along. After a period of four months from the initiation of the proceedings, you can compel an accounting to be filed which reveals the assets being administered and the expenses paid, among other items. If you take issue with a transaction, you can file...

    4 lawyers agreed with this answer

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  6. Can my deceased fathers estate sell me his house for $1 even though all proceeds from sale of house is due to Medicaid?

    Answered over 1 year ago.

    1. Steven M Zelinger
    2. Mark T. Coulter
    3. Keith G Langer
    4. Michael Leo Potter
    5. Vance Tate Davis
    5 lawyer answers

    In PA, the medicaid agency will assert a lien on the home if it passes upon your father's death. If it is sold during his lifetime, the full value of the home is considered an available asset, effectively disqualifying your father in many cases. Simply selling it to family for $1 doesn't prevent this outcome: the government figured that trick out long ago. There are steps which can be taken to preserve assets for families, but the steps must be carefully planned and executed. Further, with...

    4 lawyers agreed with this answer

  7. I am listed on Dads POA as primary and brother as secondary.

    Answered over 1 year ago.

    1. Mark T. Coulter
    2. Yvette E. Taylor-Hachoose
    3. Charles Adam Shultz
    3 lawyer answers

    Many Power of Attorney documents, and many state POA statutes (including here in PA), permit the Agent to delegate tasks to a sub-Agent. You are still responsible for their actions, but it sounds like you have faith in your brother. We include that ability for our clients. The PA statute allows the POA document to permit "The delegation of one or more powers by the agent to such person or persons as the agent may designate and on terms as the power of attorney may specify." Check the document...

    4 lawyers agreed with this answer

  8. I Have been on Medicaid since 2008. When my parents pass away, does my inheritance get taken from me& paid back the to PA?

    Answered almost 3 years ago.

    1. Paula Brown Sinclair
    2. Mark T. Coulter
    3. Thomas Devlin Begley III
    3 lawyer answers

    To bring this discussion full circle, I would like to add that as a Pennsylvania attorney, I would prefer to see the stand-alone Supplemental Needs Trust for you created by your parents now if it is likely that any other family members will be identifying you as a beneficiary under their own estate plan (including lifetime gifts or gifts upon their death), and such a trust created instead in your parents' Wills is adequate otherwise. One advantage to the stand-alone trust option is that it...

    4 lawyers agreed with this answer

  9. If a home is quitclaimed to a trust in Pennsylvania, can a nursing home go after the proceeds for payment?

    Answered about 1 month ago.

    1. Mark T. Coulter
    2. Heidi Rai Stewart
    3. Lawrence A Friedman
    4. Sean Joseph Green
    4 lawyer answers

    As any answer is going to state, this is a question subject to a number of different variables. First of all, the issue isn't usually "can a nursing home go after the proceeds", but instead "Will the Dept. of Public Welfare put a lien on the home which could make us sell it upon my parents' death?". The nursing home doesn't want the house; it wants paid as time goes on, and your circumstances imply that you make be hoping for the Medicaid Long Term Nursing Care benefit to kick in. That...

    3 lawyers agreed with this answer

  10. Does a power of attorney have power over an estate

    Answered 5 months ago.

    1. Lenore J. Myers
    2. Joseph Franklin Pippen Jr.
    3. Richard Alan Raiders
    4. Patrick Joseph Bradley
    5. Mark T. Coulter
    6. ···
    7 lawyer answers

    The above responses address your question. I'm only chiming in to agree to let you know we are available right up the road in Monroeville if you want to discuss your personal situation.

    3 lawyers agreed with this answer