Herr Potts & Potts Blog

The Difference Between Wills and Trusts in Pennsylvania

Wills and trusts are both estate planning tools used to convey property in Pennsylvania. Wills and trusts are different because they each offer certain advantages to their creators and beneficiaries. For example, a valid will can help you avoid Pennsylvania’s intestacy law, while a trust can put conditions on the disbursal of the trust’s contents. If you or a family member need help to determine whether to choose a will or a trust, you should speak with an experienced southeast Pennsylvania estate planning lawyer. At Herr Potts and Potts, our lawyers can help you decide which estate planning tool is perfect for your unique needs and assist you in creating a will or trust. Herr Potts and Potts are here to explain the difference between wills and trusts in Pennsylvania.

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Why Would I Need an Elder Law Attorney?

Elder law attorneys dedicate their careers to serving senior citizens and their loved ones. Elder law attorneys handle a variety of issues for their clients, like drafting a will, income tax planning, and handling medical care needs. These are just some of the tasks that an elder law attorney can complete for you and your family. If you or a family member require assistance with estate or financial planning or other forms of elder law, you should speak with an experienced southeast Pennsylvania elder law attorney today. At Herr Potts and Potts, our attorneys will ensure that your estate is in good hands. We offer a variety of services from establishing Powers of Attorney to filing Federal Estate Tax Returns to take advantage of federal estate tax exemptions. Herr Potts and Potts are here to explain why you need an elder law attorney.

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When Should You Have a Living Trust in Pennsylvania?

Should I have a Living Trust? A Living Trust is a legal entity which you can create to contain assets such as your home and bank accounts, so that you are no longer the owner of those assets, but rather the Trustee of the Trust which owns your assets.  While you still have complete control of your assets, the title to them has shifted from you as an individual into the Trust, which may or may not offer additional protection from creditors depending on the type of asset.  At your death, the assets in the Trust do not need to go through the public, quasi-judicial process of probate, but rather remain in the Trust with a new Trustee appointed as your successor.  Having a Living Trust can streamline the process of transitioning your assets after your death, as they can avoid probate and Executor fees, and your assets and net-worth

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Will the Federal Estate Tax Affect Me in Pennsylvania?

Will the Federal Estate Tax Affect Me? The Federal Estate Tax will affect you if your assets and investments total a certain amount when you pass away.  The tax, levied by the Federal Government, will be a percentage of the transfer of your estate at the time of your death. For 2017, the estate and gift tax exemption is $5.49 million per individual, up from $5.45 million in 2016 and should continue to inch up every year. That means an individual can leave $5.49 million to heirs and pay no federal estate or gift tax.  A married couple will be able to transfer about $11 million ($10.98 million) without paying any federal estate and gift taxes.  Using a relatively new tax planning tool called “portability,” a married couple can avoid expensive, complicated estate planning and still avoid paying any Federal Estate Tax.  A Portability election allows a decedent’s unused exclusion

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What Are the Pennsylvania Inheritance Tax Rates?

What are the Tax Rates for the Pennsylvania Inheritance Tax? When assets are transferred to family or friends after a person dies, whether through a Will, intestacy laws, or from a retirement account, the Commonwealth of Pennsylvania levies a tax on that transfer based upon the relationship of the beneficiary to the decedent. The inheritance tax rates are as follows: ZERO PERCENT (0%): transfers to spouses, parents of children who pass away before turning 21, or charities. FOUR AND A HALF PERCENT (4.5%): transfers to lineal descendants such as grandparents, parents, children (including adopted and step-descendants). TWELVE PERCENT (12%): transfers to non-lineal descendants such as siblings (including adopted siblings and step-siblings). FIFTEEN PERCENT (15%): transfers to unrelated individuals. Proceeds of Life Insurance policies are exempt from Pennsylvania Inheritance tax. Inheritance taxes must be paid within 9 months of a decedent’s passing to avoid paying interest, and if paid within 90

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What is Probate in Pennsylvania?

Probate is the process where the court verifies the will of a decedent. In Pennsylvania, this process is overseen by the Orphan’s Court in the Court of Common Pleas. Probate is an important process that should be handled with the utmost care for the sake of the deceased person, the beneficiaries of the deceased, and many other parties that may be involved in probate. If you need assistance with the probate process for the estate of a loved one, you should consult with an experienced Delaware County probate lawyer. At Herr Potts and Potts, our lawyers are ready to help you with all your estate administration issues. Our lawyers are here to explain what probate is in Pennsylvania. Pennsylvania’s Probate Process The probate process begins by bringing a decedent’s will and a certified copy of the decedent’s death certificate to the Register of Wills in the county where the decedent

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