| Wills, Trusts & Estates Questions & Answers: | Attorney Betty Dillon handles a variety of wills, trusts and estate issues for clients in Bethel Park, Pa and the Pittsburgh, PA. Attorney Dillon has over 25 years of experience in the practice in Pennsylvania probate matters. Sometimes estate administration can be very confusing and complex depending on the circumstances. Our goal is to help minimize the stress that may be present especially if the family is experiencing the recent loss of a loved one. Attorney Dillon keeps you informed every step of the way. We handle a variety of cases including the following: Estate Planning
Wills – Simple or containing testamentary trusts and/or special needs trusts. Powers of Attorney
Financial Powers of Attorney
Healthcare Powers of Attorney
Medicaid issues Estate administration
Helping all through process from appointment of executor or administrator, through conclusion. Possibility of a small estate proceeding – Will determine its availability and advantages. Handle probate petition, obtaining tax payer identification number, advertisement, preparation of required documents, including inventory, inheritance tax return, accounting, family agreement or petition for distribution. Sale of real estate. 
Common Questions Regarding Wills, Trusts & Estates Issues Include: | | |  My husband died recently. Should I add a child's name to my bank accounts?  Rather than adding your child's name as a co-owner of the account, I would advise you to give that child power of attorney. By adding a child's name to the account, you're running the risk of paying inheritance tax on your own money if your child should predecease you. The account would also be subject to execution by a judgment creditor of your child. While the jointly titled accounts would not be subject to probate upon your death, neither could any of your other children lay claim to any portion after your death. An alternative that lets you remain in control of the accounts during your lifetime but allows them to pass free of probate (though subject to inheritance tax) is leaving them in your name, "MARY SMITH", "in trust for (ITF) JANE SMITH". As with most estate planning questions, whether your assets are modest or more substantial, you are advised to speak personally with an attorney.
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| | My father died recently, and I was named his executor. What will I have to do, and can I do it without a lawyer? As executor, it will be your duty to collect all assets owned in your father's name alone, pay his legitimate last debts and the administration expenses of the estate, including inheritance and possibly other taxes; then you must make distribution of the remaining funds as directed in the Will. While there is no legal requirement that you retain an attorney, the required paperwork, from the probate petition to the petition for distribution or family settlement agreement is such that a lay person will probably have enough questions that retaining an attorney becomes a necessity; it is also a protection for you, as you will swear to administer the estate according to law when you are appointed. You're risking potential personal liability if you fail to do so properly.
TOP OF PAGE | | My daughter has lived with me and helped me financially through the years; my son, who is well-off, has essentially ignored me. Must I leave my estate equally to both children? There is no requirement that children be treated equally under your will. In fact there is no requirement that a child be left anything. The only person who may have a right to elect to take against a valid will is a surviving spouse. So long as there is no lack of testamentary capacity, which requires that at the time of making the will you have knowledge of the "natural objects of your bounty", the general composition of the estate, and what you would want done, you may direct whatever disposition you want. It would be advisable to tell your attorney your reasons, so that a memo could be included with your file.
TOP OF PAGE | | I'm the beneficiary of an estate that is almost ready to be distributed. The executor is claiming a fee I believe to be excessive; is there any recourse? Yes. You would have to file an objection to his Account claiming the executor's commissions are not reasonable. Factors going to the reasonableness are the efforts the executor actually performed, the complexity of the estate itself, e.g., whether there were difficulties in collecting/liquidating assets, such as real estate or a small business; issues over validity of debts, etc. If the attorney did virtually all the work, or if other professionals were retained as well, and the executor's efforts were nominal, the executor's fee may be reduced by the judge. But remember, the executor did assume a significant responsibility in accepting the appointment. A fee based on a percentage of the value of the estate is not automatically reasonable and just. It will be the executor's burden to justify the fee.
TOP OF PAGE | | I just learned that my late husband had a savings account in his name alone. The bank won't release this money to me without a "short certificate". What is this and how do I get it? A short certificate is documentation of the appointment and authority of the personal representative (executor or administrator) of an estate. It is issued by the Register of Wills upon the filing of a completed form petition for the probate of a will; or if there is no will, for the issuance of letters of administration. To assure completeness and accuracy of this "application for letters"; and because this first step in the administration of an estate triggers other legal duties down the road, you should see an attorney, rather than trying to proceed on your own.
TOP OF PAGE | | My husband died recently. How can I have his name removed from the deed to our house? Or should I add my adult children's names or put the property totally into their names? There is no need to remove the name of a deceased co-owner's name from a deed. When the property is sold, whether during your lifetime or after your death, a new deed will have to be prepared. This new deed will include the fact of your husband's death; and his death certificate will have to be provided. While everyone's situation should be analyzed individually, in general I do not advise putting real estate into children's names. By doing so, you lose exclusive control over the property; for example, to sell, mortgage, obtain a home equity loan or reverse mortgage. The property may be at risk if your child should get into financial difficulties or a divorce. You might run afoul of Medicaid regulations concerning eligibility for assistance for nursing home care. Even from the children's point of view such a conveyance can be a bad idea. Capital gains tax could well exceed inheritance tax. The decision on titling a house may need to be part of a comprehensive estate plan.
TOP OF PAGE | | I have a Will, but I keep hearing that living trusts are better because probate is avoided. Should I have a living trust instead? You really need to sit down with an attorney to evaluate your particular situation and determine which estate planning vehicles will best serve you. While it is true that a living trust avoids probate, there are other factors to bear in mind.
First there are up front costs in establishing the trust and re-titling all of the assets that are going into the trust. Probate is only avoided as to assets held by the trust. Second, while the trust may be revocable, it is much more cumbersome to revoke a trust than a will because all of the involved assets must be re-titled. Third, if the trust is revocable, there are no savings in inheritance tax, and final court accounting may still be required; so you might not be accomplishing all that you intended. Fourth, the probate, or estate administration process in Pennsylvania is not the nightmare it can be in other states. Fifth, there are other easier, less costly means to avoid probate on certain assets. However, the foregoing notwithstanding, it is possible that a living trust would be advisable if your estate is large enough to warrant the lifetime costs and if you'd like to have someone else available to manage your assets during your lifetime (although this can also be done through a power of attorney).
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