Blog & Resources

From our “Ask a Question” mailbag: My mom died a resident of Montgomery County, Pennsylvania and named her girlfriend as beneficiary of her life insurance policy and pension. I was listed as a secondary beneficiary. Can my mother give her life insurance and pension to her girlfriend instead of her children?

In Pennsylvania there is no requirement that a mother leave her children any part of her probate estate. There is also no requirement that your mother had to leave her life insurance to a child. Pensions may have their own sets of rules about where the pension benefits have to pass at death, but these rules usually protect a surviving spouse, not children.

From our “Ask a Question” mailbag: I had a Revocable Trust formed years ago, which I thought replaced my will. Now I hear I also need a “pour over will.” What is a pour over will?

A Pour Over Will is a will that simply states that if you have any asset in your name at death, it should “pour over” into the Revocable Trust and names the executor who will have this power. If you have moved all assets into your Revocable Living Trust or have your assets pour into the trust at your death, then there is likely no need for a Will…but there is still a chance you will need a will filed.

From our “Ask a Question” mailbag: I have been diagnosed with the early stages of Alzheimer’s and need to create a way to have my son assist me as the disease progresses. Can a Revocable Living Trust help my son assist me with my diminished capacity and against any creditors that may arise in the future?

You are wise to start planning now to address your Alzheimer’s. Most people put off this planning, and that rarely ends well.

Creating a Revocable Living Trust that names both you and your son as co-trustees, each able to act independently, is a good system to help prepare for the future.

From our “Ask a Question” mailbag: Has the Angel of Death Tax Loophole been closed?

No, the Angel of Death Tax Loophole continues to exist, even though presidents from JFK to Obama have asked for it to be closed. In short, the Angel of Death Tax Loophole refers to all capital gains in an estate being forgiven at a person’s death.

From our “Ask a Question” mailbag: My father became ill the year before his death. I think that in the confusion his Will was thrown away. What if we can never find my father’s Will?

If you can locate a copy of the will, and if it can be shown that your father did not wish for it to be revoked, then the copy might be accepted. If you cannot even find a copy of the Will, then your father will be deemed to have died without a Will, and his estate can be opened with the Register of Wills as an Administration.

From our “Ask a Question” mailbag: My mother became ill and came to my house in Bucks County. Two weeks later, she died. In the rush to get things done, I didn’t notice that the funeral director mistakenly put Bucks County as her residence rather than Collier County, Florida. Her will gives everything to me, does it matter if I file the will in Bucks County? How do I correct the death certificate?

The county listed on the death certificate does matter, as the Register of Wills of Bucks County and the Surrogate in Collier County will use the death certificate as proof of what County your mother resided in at death. This matters to you because if she was a resident of Collier County, Florida, there is no Inheritance Tax.

From our “Ask a Question” mailbag: My wife passed recently. We own a house together in Philadelphia in both names. She died with no other assets aside from our joint checking account. We have three children from our marriage and she has three children from her prior marriage. Does her half of the house go to my stepchildren?

First, Pennsylvania has no requirement that you leave your children any portion of your estate. So if your wife had a will, she could leave her entire estate to you and the children would have no claim. Assets can also be left at death by contract.

From our “Ask a Question” mailbag: My sister willed me a share of the proceeds of her stamp collection. The executor (our brother) told me that he sold the collection and sent me a check. I think the collection was worth much more. How do I get the executor to explain?

You have the legal right to force the executor to account for the stamp collection and give you the details of the sale. If you believe your share should be greater, you can object to his accounting.

From our “Ask a Question” mailbag: Who inherits my father’s pacemaker? My father was cremated, but the attendants first removed his pacemaker for safety purposes. My sister says she wants it so her son can take it apart, as he likes gadgets. After doing some snooping around, I think that she wants it to sell on the black market. Who has a right to the pacemaker? I don’t want my sister to sell my dad’s pacemaker on the black market.

I have to admit, this is a new one to me. Some research has shown me that there are no pacemakers approved by the FDA for multiple use in the USA. So, without more information about the specific pacemaker, I cannot tell you if a sale is even possible (legally). Let’s address your question about who owns the pacemaker.

From our “Ask a Question” mailbag: I was surprised to learn that my uncle named me executor of his estate, but now I think I know why. My uncle was a private guy. In opening up a storage locker he had rented, I found what I could only describe as a mountain of gay porn. My uncle was a single man who never came out. I think he knew that I would handle this discovery discreetly, as his sisters are very homophobic. If they knew about this locker they would be really upset. I was going to just dump the locker contents, but a friend told me that this stuff might be worth as much as $20,000. As executor of my uncle’s estate, what do I do with his mountain of gay porn?

As executor, you have a duty to gather together estate assets for the beneficiaries. The porn you found is an asset, which might be worth a substantial amount. If you dump it into the trash and the beneficiaries find out and complain, you could then be found responsible for a ,000 loss, be “surcharged,” and have to put your own money into the estate.