Douglas L. Kaune’s Answers

Douglas L. Kaune

Phoenixville Estate Planning Attorney.

Contributor Level 10
  1. What is the look back period for medicaid reimbursement

    Answered over 6 years ago.

    1. Douglas L. Kaune
    2. Gabriel Cheong
    2 lawyer answers

    You are correct, there is a 5 year look back period for "gifts" made prior to application for Medicaid. With regard to the transfer of your mother's house, she would be making a gift to you of the value of the house that exceeded the amount you pay her for it. For example, if the house is worth $200,000 and you buy it for $100,000 your mother will be making a gift to you of $100,000. It would be appropriate for you to have a certified appraisal of the property to establish value. That...

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  2. Estate planning under PA state law, probate and trust

    Answered over 6 years ago.

    1. David M. Frees III
    2. Douglas L. Kaune
    3. Debra G. Speyer
    3 lawyer answers

    Avoidance of probate in PA is not as important as it might be in CA. The PA probate fees are relatively low and there will be an inheritance tax on assets owned by a decedent regardless of whether or not they are considered probate or non-probate. In your case the entire $800K estate, less debts and expenses, would be subject to a 4.5% inheritance tax if there is a transfer from parent to child. There is a 0% tax on a transfer from husband to wife.

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  3. In pennsylvania. What action can be taken if my brother, the executor of the will refuses to distribute the assets of the will.

    Answered over 5 years ago.

    1. Douglas L. Kaune
    2. Steven J. Fromm
    2 lawyer answers

    I would suggest Meeting with an attorney in the county where the estate was probated. It is likely that they will contact the executor or the the attorney of the estate. If no easy resolution can be had, it will be necessary to petition the Orphans' Court in that county to require an accounting of the estate and to force distribution from the esate. You can take a look at this site for additional information on the probate process and things to consider. http://www.utbf.com/trust-estate/...

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  4. Wills

    Answered over 6 years ago.

    1. Douglas L. Kaune
    2. Thuong-Tri Nguyen
    2 lawyer answers

    This may not be plagerism, but you should consider the terms under which the attorney provided you the document. Did he/she agree to send this draft because you agreed to return to his office to sign and then pay a fee for his/her work? If the attorney prepared this document based on your agreement to pay a fee then you owe him or her for the work that they did for you.

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  5. An administrator of an trust/estate spent all of the money, what remedies does PA law provide

    Answered over 6 years ago.

    1. Douglas L. Kaune
    2. David Leibowitz
    2 lawyer answers

    The Administrator can made to repay estate assets that the Administrator squandered or stole or caused to be damaged or diminished through neglect. If the assets were spent on appropriate estate expenses then the Administrator acted properly and would not have to repay the asssets.

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  6. PA estate planning and Will laws, intestate succession

    Answered over 6 years ago.

    1. Douglas L. Kaune
    2. John M. Kaman
    3. David Lawrence Ganz
    3 lawyer answers

    I suggest that you contact the attorney and explain to him that the coins were given to you before your mother passed away, that she intended them to be a gift and that she did not intend them to be a part of her estate distribution. This would be bolstered by any evidence that this was a gift and when it was given such as a note from your mother, family members who she might have spoken to or any other material. Also note, that assuming this was a gift made six years before DOD then no...

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  7. A Wills legality after a divorce.

    Answered over 6 years ago.

    1. Michael Ian Werner
    2. Douglas L. Kaune
    2 lawyer answers

    Assuming your husband resides in PA, the sections of the will benefitting his ex-wife would be null and void as if she had died before him. That being said, the remainder of the will would not be void. It may have secondary (after the ex-wife) beneficiaries which are now considered primary. If your husband is still living, he should change the will immediately to take into account his present intentions. Absent signing a new will with his present intentions, you may not receive the portion...

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  8. Under PA estate planning probate laws would medicaid or a nursing home be able to make a claim on inheritance

    Answered over 6 years ago.

    1. Douglas L. Kaune
    2. Patrick C. Smith Jr.
    2 lawyer answers

    The technical answer is that she can disclaim the inheritance, but the disclaimer would have the same effect as a gift to the other beneficiaries. As a result of the "gift" she will likely become ineligible for Medicaid for a period of years. More facts would be needed in order to make a decision if a disclaimer is prudent or not.

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  9. Responsibility of only heir to pay deceased parent's credit card debt

    Answered over 6 years ago.

    1. Douglas L. Kaune
    1 lawyer answer

    1. The life insurance and IRA should be outside of his estate provided that you are named the beneficiary and he has not named his estate as the beneficiary. 2. It is unlikely that someone will come after the personal items unless they are of extreme value. In the abundance of caution, you should document the items that are yours and have your dad and others aver to the fact that your father does not own the items, but is merely borrowing them from you.

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  10. I am the residual beneficiary of an estate. Can the executor and attorney convey the furnishings as part of the home sale

    Answered almost 6 years ago.

    1. Douglas L. Kaune
    2. Edward Joseph Smeltzer II
    2 lawyer answers

    The answer to your question likely lies in the provisions of the decedent's Will. There should be a personal property provision that directs how the Executor is to dispose of personal items. If the items are to be given to you then I think you would have grounds in stating a case to receive the items and that they should not be sold. If the Will directs that the personal items are to be sold and proceeds to be added to the residue, then the Executor is likely acting within his/her rights.

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