Joseph M. Masiuk's Answers

Do I need a lawyer?

We need a whole lot more facts to be able to answer your question. However, before you start lawyering up on this matter, I suggest that you have a sit-down with your brother to discuss Mom. Regardless of how bad a situation is, families do better by talking things out with themselves rather than to try to have lawyers do the talking for them. Remember, once Mom is gone (assuming Dad is gone, too), you and your siblings are going to be all the family you have. If the relationship with your...

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How do children of a dying parent get power of attorney.

The children make sure that their parent wants to give a power of attorney; they call a lawyer who specializes in this type of work; they arrange to have the parent and the attorney meet (if dad is too sick to travel, they find out of the attorney does house calls) and they let the lawyer and the dad take it from there.

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Do I need an Estate Attorney?

The things that Mr. Proy and Mr. Frederick talk about in their answers are the types of things that experienced estate planning and probate attorneys handle all the time. How available finances impact upon tax (both income and inheritance) liability are very complex. Because you live in Paupack, I would suggest consulting an estate attorney in either Milford or Hawley. And, most importantly, I am sorry that you have lost both of your folks. I wish you only the best as you continue to grieve.

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How much power does and executor of a will have?

I agree with my colleague, Mr. Feliciani, and add the following: There is nothing in the law that requires a formal "Reading of the Will" as we have all seen on TV and movies. In Pennsylvania, the Executor or Executrix exercises his or her legal obligation to let others know about the estate by sending out what is called a Notice of Beneficial Interest to the beneficiaries.

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Inheritance taxes in Pennsylvania

The estate will be assessed interest and penalty on the tax which is due. You should get with your estate lawyer to find out the reason for the delay. Was the estate without liquid assets to pay the tax? Did the attorney miss the date? You should know. If you didn't hire an estate lawyer to handle these matters, you should hire one pronto.

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Do you have to pay the state of PA and the IRS 4.5%?

So sorry that you lost both of your parents so close together. It's hard enough, as you well know, to grieve for one. I wish you only peace. Having said that, I appreciate your question, since it points up a good bit of confusion that members of the public have. Pennsylvania Inheritance Tax is entirely different and distinct from Federal Income Tax. The 4.5% you are required to pay the Commonwealth is a one-shot deal on the net value of your parents' worth. The IRS is in charge of...

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Birth certificate name different than what appears on my Living trust. Other docs include my nickname. What changes r needed?

I agree with my colleague. You should clean up your documents so that you are known by only one name, which for consistency's sake should be the name you were given on your birth certificate. However, when it comes to documents like your living trust, powers of attorney for health care and property, HIPAA release and pour-over will, you can resolve much of the confusion which is already created by having your attorney change (restate or amend) your documents by inserting an "a/k/a" which...

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Is a Receipt and Release required in PA to release the Executor from his duties as representative of the Estate?

I heartily agree with my colleague, Mr. Whalen. You WANT a Receipt and Release from all the beneficiaries. Being Executor has imposed responsibilities upon you. When you petitioned for Probate at the Register of Wills, you may recall that you took an oath to "well and truly administer the estate according to law," thereby making you personally responsible for the estate in all ways. You have owed the beneficiaries the duties that your oath has imposed upon you. A signed Receipt and Release...

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Can a house deed be contested??

When your parents deeded the house to your sister, they removed it from their estate, so whatever they said (or didn't say) about the house in their will won't make any difference. Unless you can come up with proof that your parents were fraudulently induced to sign the deed over to your sister, my judgment is that there isn't much you can do about the situation now. In response to your question about the proposed bargain sale to your niece, of course you can contest it. Anyone who can...

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Can the executor of an estate in PA appoint an alternate, or must someone petition the court to be named as the replacement?

Since he has, as you say, been self-dealing mom's assets, you'd be best served to petition the Orphans Court in Allegheny County to have him removed as Executor, also citing the fact that he is not physically up to the task of serving.

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