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Steven M Zelinger
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Steven Zelinger’s Answers

7,405 total


  • My mother just passed, should i transfer her funds to my bank acct to protect her funds. i have poa and am executor.

    1 week passed away, dont know how things should proceed.. she just has some cash and a house ... 2 children. should be easy right?

    Steven’s Answer

    You need to hire an attorney in Philadelphia who handles probate. While it may not be a "difficult" estate there are many steps to take in settling an estate. If you've never done this before hiring an attorney can help save you from making errors, etc. You won't be able to deal with her assets until there is a formal person named as administrator of her estate (or executor if there is a will).

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  • What happens if the executor sells property that surrogate judge awarded to me?

    I am a beneficiary of my fathers estate my brother is also a beneficiary as well as the executor. We went to court and the judge made us agree on items that would be distributed to each of us. I made arrangements in court to pick them up on Augus...

    Steven’s Answer

    You can file a court action to go after the items or proceeds from the items...depending on the value (either real or sentimental) of the property you may nor may not think it economically sensible to pursue this in court.

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  • I haven't got my tax refund for 2015

    I have filed tax refund in March but it was on hold. When i spoke to IRS they said there were 2 submissions and that's why they put on hold. I got rid of the wrong one and they said they'll start process on the actual submission. It's been more th...

    Steven’s Answer

    If you continue to have issues you can contact the Taxpayer Advocate Service "TAS" - you can find your local office on the IRS website or google

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  • What happens If a person dies with debts / bills and the next of kin takes no action through probate court?

    Mother died from illness and the next of kin (spouse) has not initiated probate process. Since the two were living separated (less than 1 year) at the time of death - is any action required by the mother of deceased or children of deceased to avoi...

    Steven’s Answer

    Generally speaking debts would usually remain on the estate only and not attach to other family at all. Some states have family or "Filial" responsibility laws that alter this rule but they are rarely enforced.

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  • How can I get my dad estate if his name is not on the birth certificate but my name is on the obituary as my father.

    Estate

    Steven’s Answer

    Contact an attorney. You may need DNA testing to prove paternity.

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  • How is inheritance money handled?

    My husband and I are both listed as recipients when my mother-in-law dies, but I'm not sure exactly how it reads. Will I have any claim to this inheritance?

    Steven’s Answer

    You're asking a question that cannot be answered without more facts. You say you are "listed as recipients" which could mean a number of things - is this in a will, or is it on a beneficiary designation on an account or insurance policy. One would need to see the will or see the wording of a beneficiary designation to know how to answer your question. If property goes to you that is one thing. If it goes to him an inheritance is considered separate property so it is possibly in the event of divorce you will have no claim but in the event of his death, it depends on what his will or accounts say.

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  • What are my liabilities as a guardian?

    I have a brother in a Neuro Restorative Care Facility in PA. He currently has a guardian through a company that provides those services. He wants me to be his guardian but I live in Kentucky. I am not comfortable with this, being so far away, but ...

    Steven’s Answer

    You should change the location of this to PA because it appears he would need a guardian under the jurisdiction of the orphans court in PA (you can figure out what county based on where he resides). There are not "liabliities" unless you don't do what you are supposed to do and that is why you have a lawyer. Your responsibilities are to look after his financial and physical well-being which as you can imagine can mean many different things. You have responsibilities to report on what you do on a yearly basis (provide an accounting of his finances). It is not exactly easy or fun but depending on the level of care he needs you may or may not have a lot to do - its hard to say without knowing more about the situation.

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  • I would like to send a gift of $500 to my family in Poland, how much of a tax do they pay on gift? How much per yr can I send?

    I want to send a gift to the family in Poland, but I know they will pay a tax on this money, and I would like to know how much the tax is. I am also interested in knowing if there is a limit per year on how much I can send them. thank you, jola...

    Steven’s Answer

    I, nor do most attorneys on avvo, practice in Poland so this answer does not apply to the law there. In the US a person receiving the gift does not pay tax ever. The donor (giver) of the gift in the US may give each person $14,000 per year before they have to report the gift or start to eat into their lifetime gift and estate tax exemption which is currently about 5.4 million. Thus chances are you can give small gifts like this with no US tax implication. However you should consult with an attorney to be sure about your situation.

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  • Brother won't renounce as admin. I live in and pay taxes, insurance for the home. He wants to visit every weekend. Can I stop

    I have 5 brothers, one will not sign to make me administrator so that I can develop life expectancy of home, shop funding to make major repairs to increase life expectancy of home, shop insurance, and just overall manage the estate. He gets 100% ...

    Steven’s Answer

    So there is no administrator? You need to hire a lawyer to file the appropriate petition so you can be named administrator (without his consent). He'll receive notice etc. Assuming that goes through the administrator can then deal with the house as needed. I would strongly advise you to hire an attorney to assist you.

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  • Can a spouse sell the house/property while her husband is in a alcohol rehab facility for a long term stay?

    The mortgage is in both spouses name. Married 34 years. The wife moved out before her spouse went into a rehab facility voluntarily. If the sale of house and belongings is lawful can the wife put the spouses' part from the sale in a trust fund?

    Steven’s Answer

    assuming he is competent, he'd have to sign the deed or give power of attorney to someone (you?) to sell. What happens to the proceeds is more of a family/divorce issue.

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