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Home • Archives for John B. Whalen, Jr., Esq.

Media Pa Probate Lawyers

John B. Whalen, Jr., JD., LL.M., is an <a href="https://www.martindale.com/organization/john-b-whalen-jr-esq-3075245/wayne-pennsylvania-5133802-f/?view=cr" rel="noopener">AV Peer Review Rated Preeminent 5.0</a> and <a href="https://www.avvo.com/attorneys/19087-pa-john-whalen-575992.html" rel="noopener">Avvo Rated 10.0 Superb</a> (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is featured on Martindale.com, Nolo.com, Avvo.com, Lawyers.com, Justia.com, Lawyers of Distinction, and Linkedin. He has amassed over 60 prestigious professional awards and over 5000 client reviews and endorsements.

He provides free initial consultations all seven days, provides home visits, a provides flat fee client structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. His main office is located at 1199 Heyward Road Wayne Pa 19087. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.

About John B. Whalen, Jr., Esq.





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Media Pa Inheritance Taxation Lawyers

media-pa-inheritance-tax-lawyers
media-pa-inheritance-tax-lawyers

Wayne Pa Inheritance Taxation Lawyers – Intro

The Wayne PA Inheritance tax is imposed as a percentage of the value of a decedent’s estate transferred to beneficiaries by will, heirs by intestacy and transferees by operation of law.

The tax rate varies depending on the relationship of the heir to the decedent.

The Pennsylvania inheritance tax taxes assets owned by the decedent at the time of his or her death. Unlike the federal estate tax, there is no minimum dollar amount for the estate to be taxed; all estates of any value are subject to taxation. The inheritance tax return is due within nine months of the death of the decedent.

Wayne Pa Inheritance Taxation Lawyers – Rates

The rates for Pennsylvania inheritance tax are as follows:

  • 00.00 percent on transfers to a surviving spouse or to a parent from a child aged 21 or younger;
  • 04.50 percent on transfers to direct descendants and lineal heirs;
  • 12.00 percent on transfers to siblings; and
  • 15.00 percent on transfers to other heirs, except charitable organizations, exempt institutions and government entities exempt from tax.

Wayne Pa Inheritance Taxation Lawyers – Due

Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual’s death. If it is paid within three (3) months of the decedent’s death, a 5 percent discount is granted to the Estate.

In Pennsylvania, the inheritance tax must be paid within nine months of the time of the decedent’s death. If it is not paid within that period of time, the Pennsylvania Department of Revenue may assess penalties and interest.

Wayne Pa Inheritance Taxation Lawyers – Help

Frequently, in our practice, we are confronted with many misconceptions concerning Pennsylvania inheritance tax. The Pennsylvania inheritance tax is a tax on property at the time of someone’s death and is imposed upon the transfer of that property. One common misconception is that spouses have to pay inheritance tax on property that they obtain from their deceased mate. Although that was the case in the past, it is not longer, having been abolished in 1994.

From the value of these resources, we are permitted to deduct certain expenses to arrive at a net valuation for the estate. These expenses include:

  • the cost of the funeral,
  • the debts of the decedent (including mortgage loans, credit cards, home equity loans, etc.),
  • the expenses of the last illness,
  • all fees that are paid to the Register of Wills Office; and
  • the legal fees for processing the estate, and miscellaneous expenses and fees.

Once the net value has been calculated, the Pennsylvania inheritance tax is applied as follows:

  • 04.50 % of that net value to children,
  • 12.00 % passing siblings, and
  • 15.00 % to other individuals would be taxed in Pennsylvania at a rate of 15%.

Many people do not realize that there are certain types of assets that are exempt from the Pa Inheritance Tax.

  • As an example, life insurance proceeds which are paid directly to a beneficiary or are paid to the estate of the decedent are exempt.
  • an IRA account held in the decedent’s name, if the decedent had not reached the age of 59 ½, is also exempt.

Sometimes, jointly held property is ignored for tax purposes at the time of death. For example, where a decedent owns a bank account which is titled in the decedent’s name and, let us say, two of his children’s names, the decedent’s one-third interest would be taxed at a rate of 4.5%.

However, if that account was established using only the decedent’s funds, and the decedent dies within one year, then the whole value of the account is taxed, not just a portion of it.

If payment is made within 90 days of the date of death, the department discounts the amount by 5%.

Media Pa Probate Attorneys Guide

The Media Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.

Related Posts

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  • How Do I Probate A Will In Media Pa?
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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb. He has obtained over 95 client reviews and peer endorsements premier and prestigious Attorney and Counselor at Law.

Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, Quora, and Thumbtack.

John is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM. His office is open on all evenings, weekends, and holidays.

Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-999-2157.

John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale. He has received the AV Peer Judicial Preeminent award. He has received the Avvo Rated Superb 10.00 award, and the Avvo Rated Top Lawyer award. He has also received the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law). He is the recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law).

He is also the recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

Media Pa Powers and Pa Agents

media-pa-powers-of-attorney-lawyers-attorneys-pa-agents
media-pa-powers-of-attorney-lawyers-attorneys-pa-agents

Media Pa Powers of Attorney and Pa Agents – Document Purposes

A Pa Power of Attorney grants your Pa Agent (Fiduciary) the ability to control all of your affairs.

It is a very powerful document; it permits your Pa Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away).

Yet, inherent in the broad powers that your Pa Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

Media Pa Powers of Attorney and Pa Agents – Fiduciary Traits

  • Your Agent should be able and willing, first and foremost.
  • Your Agent should also be levelheaded and familiar.

Media Pa Powers of Attorney and Pa Agents – Common Misconceptions

  • A common misconception is that a Power of Attorney eliminates your ability to act for yourself.  Quite to the contrary, and until you are deemed to be incapacitated, a Power of Attorney should properly be viewed as a “shared authority.”  After you have executed a Power of Attorney, you still retain all of the powers and decision-making abilities that you possessed beforehand, including the power to revoke the Power of Attorney.
  • Another common misconception is that your Agent needs your permission to act.  Quite to the contrary, a Power of Attorney is a very powerful document.  It permits your Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away), and, inherent in the broad powers that your Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

Media Pa Probate Attorneys Guide

The Media Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.

Related Posts

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  • Media Pa Guardianships Lawyers
  • Media Pa Powers of Attorney Lawyers
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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb. He has obtained over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.

Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, Quora, and Thumbtack.

John is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties. His office is open all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.
Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.

John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. He achieved the AV Peer Review Rated Preeminent award from Martindale, He also received the AV Peer Judicial Preeminent award. He is a recipient of the Avvo Rated Superb 10.00 award. He is also a recipient of the Avvo Rated Top Lawyer award, the Clients’ Choice Award. He has also received the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law). He is the recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law).

He is the recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

Can I Sue My Media Pa Agent

can-i-sue-my-media-pa-power-of-attorney-lawyers-attorneys
can-i-sue-my-media-pa-power-of-attorney-lawyers-attorneys

Can I Sue My Media Pa Power of Attorney? – Intro

I explained in Media Pa Powers of Attorney Lawyers that Wayne Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare. A Wayne Pa Power of Attorney can grant broad authority or be very limited in scope. Unfortunately, there is so much fraud involved in their usage today.

Can I Sue My Media Pa Power of Attorney? – Challenge

I have explained in Media Pa Beneficiary Lawyers, I have represented thousands of beneficiaries during my decades as an Estate Attorney. I can provide the necessary advice to protect your rights in nearly any Pa Estate, Pa Trust, and/or Pa Power of Attorney planning matter. If you suspect that a Pa Last Will, a Pa Trust, and/or a Pa Power of Attorney does not reflect the wishes of the deceased, you have a right to challenge the proceedings in court via a Wayne Pa Model Court Accounting. As I stated – and I cannot emphasize this enough – the fraud virtually amounts to outright stealing.

Can I Sue My Media Pa Power of Attorney? – Document Purposes

A Pa Power of Attorney grants your Pa Agent (Fiduciary) the ability to control all of your affairs. Pa Powers of Attorney are documents that convey legal authority (to the Pa Principal) to act in the name of another person (Pa Agent) for his or her health and welfare.

It is a very powerful document; it permits your Pa Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away). Yet, inherent in the broad powers that your Pa Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

Can I Sue My Media Pa Power of Attorney? – Fiduciary Traits

  • Your Agent should be able and willing, first and foremost.
  • Your Agent should also be levelheaded and familiar.

Can I Sue My Media Pa Power of Attorney? – Common Misconceptions

A common misconception is that a Power of Attorney eliminates your ability to act for yourself.  Quite to the contrary, and until you are deemed to be incapacitated, a Power of Attorney should properly be viewed as a “shared authority.”  After you have executed a Power of Attorney, you still retain all of the powers and decision-making abilities that you possessed beforehand, including the power to revoke the Power of Attorney.

Another common misconception is that your Agent needs your permission to act.  Quite to the contrary, a Power of Attorney is a very powerful document.  It permits your Agent the broadest of powers to do anything that you could have done (i.e., give all of your money away), and, inherent in the broad powers that your Agent possesses is the possibility – the extremely real possibility – that your Agent under your Power of Attorney may actually do anything that you could have done (i.e., give all your money away).

A Pa Power of Attorney can grant broad authority or be very limited in scope. I help you prepare for contingencies based on the specific circumstances surrounding you and your loved one. However, generally speaking, powers of attorney address three main areas of concern:

Can I Sue My Media Pa Power of Attorney? – Notice Provision Requirement

The following shows – in capital letters – what is required by a Wayne Pa Agent under a Pa Power of Attorney. I must emphasize that it states that “YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT’S FUNDS.”

media-pa-power-of-attorney-notice-lawyers-attorneys-lawyers-law-firms

Can I Sue My Media Pa Power of Attorney? – Acknowledgement Provision Requirement

Again, the following shows – in capital letters – what is required by a Wayne Pa Agent under a Pa Power of Attorney. I must emphasize that it states that “I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY FUNDS.”

media-pa-power-of-attorney-acknowledgement-lawyers-attorneys-lawyers-law-firms

Can I Sue My Media Pa Power of Attorney? – Accountings by Agents, Powers of Attorney

A Durable General Power of Attorney gives an “Agent” power to manage assets. An interested person can Compel the Agent to file a Formal Accounting, explaining every action taken and justifying every expense. In the alternative, in order to obtain a release of liability, an Agent can Assemble, Submit and Defend a Formal Accounting.

Can I Sue My Media Pa Power of Attorney? – Assembling, Submitting and Defending Accountings for Agents

If you served as an Agent you would be wise to receive a legal release for your service. First of all, long after you have completed your duties the court might force you to file a Formal Accounting if you have no release.

Further, it is better to file your Accounting when you still have the funds to pay for the costs. Delaying may prove costly. Especially relevant, you will personally shoulder the cost to assemble and defend the Formal Accounting.

Has a Beneficiary has obtained a court order compelling you to account? If so, it would be wise to have the Formal Accounting prepared and defended by an experienced Probate and Estates Accounting Lawyer. If you are unprepared, the judge could surcharge you for any amount you cannot properly explain.

Can I Sue My Media Pa Power of Attorney? – Compelling A Wayne Pa Agent To Account

Are you are an interested person who believes an Pa Agent has abused their powers? If so, you may have your experienced Probate and Estates Accounting Lawyer file a Petition forcing the Agent to file a Formal Accounting.

Once filed, the interested parties may Contest and Object to the Accounting. If the judge believes the Agent’s actions wrongfully reduced the estate, then the judge may surcharge the Agent. If the Agent cannot recover the funds, the Agent must replenish the estate with the Agent’s own funds.

Can I Sue My Media Pa Power of Attorney? – Accountings by Agents, Powers of Attorney

A Durable General Power of Attorney gives an “Agent” power to manage assets. An interested person can Compel the Agent to file a Formal Accounting, explaining every action taken and justifying every expense. In the alternative, in order to obtain a release of liability, an Agent can Assemble, Submit and Defend a Formal Accounting.

Can I Sue My Media Pa Power of Attorney? – Assembling, Submitting and Defending Accountings for Agents.

If you served as a Wayne Pa Agent you would be wise to receive a legal release for your service. First of all, long after you have completed your duties the court might force you to file a Formal Accounting if you have no release.

Further, it is better to file your Accounting when you still have the funds to pay for the costs. Delaying may prove costly. Especially relevant, you will personally shoulder the cost to assemble and defend the Formal Accounting.

Has a Beneficiary has obtained a court order compelling you to account? If so, it would be wise to have the Formal Accounting prepared and defended by an experienced Accounting Lawyer. If you are unprepared, the judge could surcharge you for any amount you cannot properly explain.

Can I Sue My Media Pa Power of Attorney? – The Pa Statute

In Pennsylvania your duties as agent are specified in the Probate, Estates and Fiduciaries Code. The specific section can be found at Title 20, Chapter 56, Powers of Attorney. Although this section contains all of the rules that apply to Pa Powers of Attorney, the areas I am focusing on in this post are your duties that apply to you as a Pa Agent.

Section 5601.3 of the law (20 Pa. C.S.A. §5601.3) lays out your duties when you are acting as someone’s agent under a Pa Power off Attorney.

  1. (a)  General rule.–Notwithstanding any provision in the power of attorney, an agent that has accepted appointment shall:
    1. (1)  [ … ]
    2. (2)  Act in good faith.
    3. (3)  [ … ]
  2. (b)  Other duties.–Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:
    • (1)  Act loyally for the principal’s benefit.
      • (1.1)  Keep the agent’s funds separate from the principal’s funds unless:
        • (i)  the funds were not kept separate as of the date of the execution of the power of attorney; or
        • (ii)  the principal commingles the funds after the date of the execution of the power of attorney and the agent is the principal’s spouse.
    • (2)  [ … ]
    • (3)  Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances.
    • (4)  Keep a record of all receipts, disbursements and transactions made on behalf of the principal.
    • (5) [ … ]
    • (6) [ … ]

Although I omitted a few provisions of Section 5601.3, the focus of this post was to explain that commingling of assets will most likely create many problems for you. And be sure you read the power of attorney document and understand your duties and responsibilities before you start to act on behalf of your principal. If there is anything you don’t understand, get legal advice up-front not after the fact.

Can I Sue My Media Pa Power of Attorney Agent? – Conclusion

Pennsylvania law provides that Pa Agents can be called to account for their actions under Pa Powers of Attorney. You may have financial liability if you are unable to adequately demonstrate the propriety of your actions.

Media Pa Probate Attorneys Guide

The Media Pa Probate Attorneys Guide is the core of this website. It consists of the best, most important articles, posts, and pages on this website. Their focus is to provide the best and most complete information on a particular topic, rather than to sell my services.

Related Posts

  • What is a Media Pa Model Court Accounting?
  • Media Pa Probate
  • Media Pa Powers of Attorney and Pa Agents
  • Media Pa Powers
  • Media Pa Powers of Attorney Lawyers

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

Media Pa Payments to Family and Funeral Directors

media-pa-lawyers-attorneys-payments-to-family-funeral-directors

Media Pa Payments to Family and Funeral Directors – Intro

There are alternatives for settling small estates instead of the traditional Probate process. Media Pa Payments to Family and Funeral Directors is one of them.

The profession of law, in general, and the focus of Estate Law, in particular, is a constant balancing act between science and art. Our true hallmark as professionals is when our knowledge of the intricacies of the science is solid enough to lend itself easily to the art of the various situations with which we are presented.

Most of the time, our estates do – and rightfully should – follow the traditional, time-tested route of the Probate and Estate Administration process.  Although this line of thinking is in no way wrong, it may be short sighted in certain circumstances where the formal procedures may be neither desired nor required.

The essence of our dilemma lies in being able to readily identify and handle those situations where a streamlined approach would be better suited.  Being creatures of habit, however, this is easier said than done.

Media Pa Payments to Family and Funeral Directors – The Statute

The Pennsylvania statute, 20 Pa.C.S.A.  § 3101, Payments to Family and Funeral Directors (Section 3101), contains a few alternatives for use in the settlement of small estates.

Simply stated, it allows for the payment of a decedent’s assets in certain situations with no court documents or no court supervision.  However, despite Section 3101’s simplicity, a stand-off can, and often does, exist between the statute’s theoretical ease and the world’s practical complexity.

On the one hand, the holder of a decedent’s assets does require that certain items (i.e., Short Certificate, Letters Testamentary, Small Estate Decree, etc.) be provided for release of the assets.  As they have the duties to both safeguard the decedent’s assets and release them only to the proper payee, they are certainly allowed to ensure that the one (payment of the assets) will work to cancel out the other (possible future liability).

In light of these responsibilities, any organization which has custody of a decedent’s assets (i.e., banks, brokerage firms, transfer agents, etc.) is often hesitant to release the decedent’s assets without any court documents or to anyone other than the estate’s personal representative.

On the other hand, Section 3101 does not require that any paperwork be provided to the holder of a decedent’s assets.  Reluctance may appear from those unfamiliar with this statute insofar as they don’t understand what to do when they are not provided with their traditionally required items.  As a practical matter, providing the holder of the asset with a copy of Section 3101 could be helpful, because it shows them that they can properly pay the asset and be released from liability.

Section 3101 contains five subsections.  Each subsection handles a particular situation where a decedent’s assets may be paid in the absence of any court documents.  Each subsection contains differences.

They each address different types of assets that can be paid, different organizations by whom they can be paid, different people to whom they can be paid, and different requirements for them to be paid.  More importantly, each subsection contains similarities.

The similarities lay in the fact that they each share five parallel traits which virtually overshadow their differences.  Accordingly, as Section 3101 addresses five scenarios, all of which contain strikingly similar attributes, it may be appropriate to view these parallel characteristics as the five traits.  Further, as the five scenarios, in essence, are exclusions to the dictates of its sister statute, Section 3102, and can be exclusions from the probate process itself independent of Section 3102, it may be convenient to refer to these five scenarios as the five exclusions.  With an understanding of the five traits and the five exclusions, the implementation of any of Section 3101’s situations can occur with relative ease.

Media Pa Payments to Family and Funeral Directors – The Five Traits

Section 3101’s five scenarios share similarities which virtually overshadow their differences, and they are referred to herein as the five traits.  These traits are the asset of the payment, the amount of the payment, the recipient of the payment, the protection of the payor of the payment, and the liability of the recipient of the payment.

Asset

The first trait (of the five traits of Section 3101) describes the asset that can be paid.  These assets include wages, salary, and employee benefits; deposit accounts; patient care accounts; insurance and annuities; and unclaimed property.

Amount

The second trait (of the five traits of Section 3101) describes the amount up to which an asset can be paid. The amounts are $10,000.00 and $11,000.00.

Prior to the statute’s update, these various dollar amounts comprised the sums of $5,000.00 (of wages, salary, and employee benefits); $3,500.00 (of deposit accounts); $3,500.00 and an additional $500.00, for a $4,000.00 total (of patient care accounts); $11,000.00 (of insurance or annuity proceeds); and $11,000.00 (of unclaimed property).

Recipient

The third trait (of the five traits of Section 3101) describes the recipient to whom the asset can be paid.  These recipients include the decedent’s spouse, children, parents, and siblings, in that order of preference (referred to herein as the family hierarchy), and, in one case, a funeral director.  With the lone exception of a funeral director under Section 3010(c), it should be noted that only family members may take advantage of the five exclusions.  The wording of the statute implies that the exclusions are unavailable to agents, guardians, or other fiduciaries.

The fourth trait (of the five traits of Section 3101) describes the protection accorded to the payor of the asset.  This protection releases the payor to the same extent as if the payment was made to a duly appointed personal representative, and covers employers, banks, care facilities, insurance companies, and the State Treasurer.

The fifth trait (of the five traits of Section 3101) describes the liability attached to the payee of the asset.  This liability follows any person to whom payment is made (i.e., the family hierarchy and the funeral director), and holds the recipient answerable to anyone prejudiced by an improper distribution.

Media Pa Payments to Family and Funeral Directors – The Five Exclusions

Section 3101’s five scenarios are, in essence, exceptions to the dictates of its sister statute, Section 3102, as well as the probate process itself, and they are referred to herein as the five exclusions.  These exclusions speak to employers, banking houses, patient facilities, insurance companies, and the State Treasurer.

(a) Wages, salary or employee benefits

The first exclusion (of the five exclusions of Section 3101) speaks to employers.  An employer is permitted to pay the decedent’s wages, salary, or other benefits in an amount up to $10,000.00 to the family hierarchy.

Upon payment, the employer is released and the recipient is liable.  There are no further requirements for payment under the first exclusion, Section 3101(a).

(b) Deposit account

The second exclusion (of the five exclusions of Section 3101) speaks to banking houses.  A banking house (i.e., bank, savings association, savings and loan association, credit union or other savings association) is permitted to pay the decedent’s deposit account in an amount up to $10,000.00 to the family hierarchy.

Upon payment, the banking house is released and the recipient is liable.

There is a further requirement for payment under the second exclusion, Section 3101(b).  The recipient of the item must provide written evidence that the funeral services have been paid (either by a receipt or an affidavit from the funeral home).  Seemingly, not included in the definition of banking house is whether a brokerage firm would fall within the statute’s grip of other savings association.  Presumably, a brokerage account with only a money market account would be included, but a brokerage account containing any other type of investment (i.e., stocks, bonds, and mutual funds) would not be included.

(c) Patient’s care account

The third exclusion (of the five exclusions of Section 3101) speaks to patient facilities, and is a two-step process.  A patient facility is permitted to pay the decedent’s patient care account in an amount up to $10,000.00 to a funeral home for the decedent’s burial expenses.  It is then permitted to pay the balance of the account to the family hierarchy.  The total payment by the patient facility can be in an amount up to $10,000.00.  Upon payment, the patient facility is released and the recipient is liable.

There is a further requirement for payment under the third exclusion, Section 3101(c).  The decedent must have been a qualified recipient of medical assistance from the Pennsylvania Department of Welfare.  Although the wording of the statute implies that this exclusion is unavailable to private-pay patient care accounts, perchance it may not be so restricted in practice.

(d) Life insurance payable to estate

The fourth exclusion (of the five exclusions of Section 3101) speaks to insurance companies.  An insurance company is permitted to pay life, endowment, accident, or health insurance proceeds or annuity proceeds, otherwise payable to the decedent’s estate, in an amount up to $11,000.00 to the family hierarchy.  Upon payment, the insurance company is released and the recipient is liable.

There are two further requirements for payment under the fourth exclusion, Section 3101(d).

The first requirement is that the insurance company must wait sixty (60) days before making payment of the proceeds.

The first requirement and, at the time that the insurance company makes payment of the proceeds, the insurance company must not have received written claim for those proceeds by the decedent’s personal representative.  Presumably, if the insurance company has received written claim for the proceeds by the personal representative, they are duty bound to release those proceeds to the personal representative, and the matter should be investigated further.

(e) Unclaimed property

The fifth exclusion (of the five exclusions of Section 3101), and the newest addition to Section 3101, speaks to the State Treasurer.

The State Treasurer is permitted to pay the decedent’s unclaimed or abandoned property in an amount of up to $11,000.00 to the family hierarchy.

Upon payment, the State Treasurer is released and the recipient is liable.  There are further requirements for payment under the fifth exclusion, Section 3101(e).

The recipient must provide a death certificate, a sworn affidavit containing various averments about the status of a personal representative, and any other information determined by the State Treasurer to be necessary in order to distribute property or pay funds under this section to the proper person.

Media Pa Payments to Family and Funeral Directors – The Conclusion

A review of Section 3101 shows the five traits permeate its allowable payments.  These traits are asset, amount, recipient, protection, and liability.  Keeping these traits in mind, Section 3101 becomes easier to conceptualize.

A review of Section 3101 shows that the five exclusions speak to the various entities that may allow you to circumvent a small estate petition, as well as the probate process.  These exclusions speak to employers, banking houses, patient facilities, insurance companies, and the State Treasurer.

Keeping these exclusions in mind, Section 3101 becomes easier to utilize.  Being creatures of habit, perhaps, this may now be easier done than said.

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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. He has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements.

Media Pa Estate Planning Guide

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media-pa-probate-lawyers-reviews

Media Pa Estate Planning Guide – Intro

The best gift you can give your loved ones is to have your Pa Estate Planning complete. Unfortunately, to a great extent, misinformation about critical terms such as Pa Inheritance Tax, Federal Estate tax, Pa Probate, avoiding probate, simple will, and Pa Living Trust, tends to lead to misunderstandings of Pa Estate Planning. These misunderstandings, in turn, tend to lead to mistakes in Pa Estate Planning. These mistakes, again, in turn, tend to lead to unintended results after one’s death. In an effort to eliminate such misinformation, misunderstandings, and mistakes, this article will hopefully serve as a review – in very simple terms – of the basic, core issues of Pa Estate Planning and its basic documents.

Media Pa Estate Planning Guide – The Summary

There are four primary documents that tend to form the foundation of most good Pa Estate Plans. These documents are a

  • Pa Power of Attorney,
  • Pa Advance Directive for Health Care (a Pa Living Will),
  • Pa Last Will, and (at, times)
  • Pa Trust

Although each document has a different purpose, each document designates someone who is responsible for carrying out the wishes set forth in the document.

I refer to these people – those in charge – as “The Bosses.

Media Pa Estate Planning Guide – The Bosses

Each document has a boss who is in charge of carrying out the terms of that particular document. Under Pennsylvania law, the proper terms for the bosses are:

  • Pa Agent (under a Pa Power of Attorney),
  • Pa Surrogate (under a Pa Living Will),
  • Pa Executor (under a Pa Last Will),
  • Pa Trustee (under a Pa Trust).

Although a technical knowledge of these terms can be useful, it is not the point of this article.

The focus is to illustrate that an Agent, a Surrogate, an Executor, and a Trustee are just the bosses of that respective document.

Media Pa Estate Planning Guide – The Powers

Each boss has powers, and these powers can be summarized very simply.

  • Pa Agent (under a Power of Attorney) can help manage all of your affairs
  • Pa Surrogate (under a Pa Living Will) can ensure your end of life decisions.
  • Pa Executor (under a Pa Last Will) can administer your Pa Estate
  • Pa Trustee (under a Pa Trust) can monitor and manage your Pa Trust.

Again, and although a technical knowledge of the parameters of these various powers can be useful, it is not the point of this article.

The focus is to illustrate that a Pa Agent, a Pa Surrogate, a Pa Executor, and a Pa Trustee can generally possess broad powers to act for you under that respective document.

Media Pa Estate Planning Guide – The Traits

Although all four of the documents require bosses that possess certain traits or characteristics in order for that document to be as effective as possible, I have experienced that two traits should be inherent in all of the bosses of all four of the documents

  • Ability
  • Willingness.

Although the bosses of each of the documents should also possess additional traits for that particular document to be effective (all of which shall be addressed later), unless your boss is able and willing to act on your behalf, your desires and wishes may not be followed.

Media Pa Estate Planning Guide – The Documents

There are four primary documents that tend to form the foundation of most good Pa Estate Plans. A succinct review of each, and the misunderstandings of each, follows.

Media Pa Estate Planning Guide – Powers of Attorney

A Pa Power of Attorney can grant your boss (Pa Agent) the ability to control all of your affairs. It is a very powerful document; it can permit your Pa Agent the broadest of powers to do anything which you could have done (i.e., give all your money away), but yet, inherent in these broad powers, is the reality that your Pa Agent may actually do anything which you could have done (i.e., give all your money away).

A Pa Power of Attorney can be durable (effective after you are incapacitated), current (effective now), or springing (effective upon the happening of a future event (i.e., the decision by your treating physician that you can no longer act for yourself).

A common misconception is that a Pa Power of Attorney eliminates your ability to act for yourself. Quite to the contrary, and until you are deemed incapacitated, a Pa Power of Attorney should properly be viewed as a shared authority – you still retain all of the powers and decision making ability that you possessed before you executed the Pa Power of Attorney.

With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Agent) should also be:

  • Levelheaded
  • Familiar with your affairs.

Media Pa Estate Planning Guide – Living Wills

A Pa Advance Directive for Health Care can grant your boss (Pa Surrogate) the ability to execute your end of life decisions and decide whether life-sustaining measures should be used. The common misconception of this document is when it will become operative.

There are two triggers that must occur before your Surrogate is even given the option of acting: the first is that you must be unable to communicate your own decisions, and the second is that you must have been diagnosed with a terminal condition or as being permanently unconscious With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Surrogate) should also be:

  • Stoic
  • Strong.

Media Pa Estate Planning Guide – Last Wills

A Pa Last Will can grant your boss (Executor) the ability to administer your Estate.

The most common misconception that surrounds a Pa Will is the process called Pa Probate and the seemingly universal theme that it should be avoided at all costs.

Again, and virtually to the contrary, the word probate is merely the Latin infinitive verb that means to prove, and, although some states do have onerous probate procedures (where the avoidance of probate may be a prudent strategy), Pennsylvania is not one of those states. In fact, probating a Will in Pennsylvania is very simple.

Also very important is the fact that a Will only disposes of the assets (1) that you own in your individual name alone and (2) that possess no beneficiary designations (i.e., no tags). Consequently, items owned jointly with another are controlled by property law (not Will law) and will pass to the joint owner(s) at your death, and items that have beneficiary designations will be controlled by contract law (not Will law) and pass to the designated beneficiaries at your death. With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Executor) should also be

  • Honest
  • Diplomatic. 

Media Pa Estate Planning Guide – Trusts

A Pa Trust can grant your boss (Pa Trustee) the ability to monitor and manage your Pa Trust. The types of Trusts can be viewed simply as being either (1) revocable (which are created during your life and which become irrevocable upon your death), (2) irrevocable (which are created during your life and become irrevocable upon their creation), and (3) and testamentary (which are created under your Will and which become irrevocable upon your death

Vital is the fact that they can be extremely useful for individuals with Special Needs (i.e., autism, addictions, minors, etc). With respect to additional traits that your boss should possess (in addition to being able and willing), I have found that your boss (Trustee) should also be

  • Attentive
  • Decisive.

Media Pa Estate Planning Guide – The Taxes

Another area of misconception in the estate planning area is the taxes that are imposed on value of your assets on the date of your death. Basically, two death taxes can be imposed on Pennsylvania residents:

  • Federal Estate Tax and the
  • Pa Pennsylvania Inheritance Tax.

Unlike the income tax, which is very descriptive in its title as it is imposed upon your income, the phrases Federal Estate Tax and Pa Inheritance Tax are misnomers that may tend to belie the actual fact that these are taxes imposed by virtue of your death.

Federal Estate Tax

The Federal Estate Tax begins at a wealth threshold. If you possess less than the wealth threshold at your death, the federal estate tax will not be applicable. If it is applicable, the tax is imposed on a percentage scale according to the amount of wealth (i.e., potentially 47% of the value of your assets above the current $1,500,000. 00 wealth threshold). This threshold has been, is, and is scheduled to continue to increase. In 2005, the threshold is $1,500,000. 00; in 2006, 2007, and 2008, the threshold is $2,000,000. 00; in 2009, the threshold is $3,500,000.00; in 2010, the Federal Estate Tax is scheduled to be eliminated; but in 2011, the Federal Estate Tax is scheduled to return with a threshold of $1,000,000.00.

Pa Inheritance Tax

The Pennsylvania Inheritance Tax has no wealth threshold and starts immediately. It is imposed on a percentage based on the relationship of the beneficiary.

  • 00.00% = Spouses and Charities;
  • 04.50% = Lineal Descendants;
  • 12.00% = Siblings; and
  • 15.00% = Collaterals (everyone else).

Media Pa Estate Planning Guide – The Pointers

In conclusion, there are four basic pointers for all who are faced with estate planning.

  • First – title your assets with the utmost care (i.e., joint ownership, beneficiary designations, etc.)
  • Second – with respect to transferring your assets (i.e., re-titling, gifting, etc) during your lifetime, get advice before you do so (before the bombs go off).
  • Third – always have your estate planning documents up-to-date because laws, taxes, and people change.
  • Fourth – and most importantly – pick your bosses very carefully.

John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law. He is located at 1199 Heyward Road Wayne Pa 19087. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157. Mr. Whalen has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. Mr. Whalen is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).

When Should I Update My Media Pa Last Will

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When-Should-I-Update-My-Media-Pa-Last-Will-Lawyers-Attorneys

West Chester Pa Probate Lawyers – Bio

John B. Whalen Jr Esq
Media Pa Probate Lawyers
1199 Heyward Road, Wayne, PA 19087

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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.

Mr. Whalen is featured on AV Peer Review Rated Preeminent 5.0, Avvo Rated 10.0 Superb, Avvo, Justia, Lawyers, Martindale, Nolo, and Quora.

John is located at 696 Pont Reading Road Ardmore Pa 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays.

Mr. Whalen provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-484-417-6244.

John has amassed over 60 prestigious and premier professional awards and over 5000 client reviews and endorsements. Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award.

He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).