Hoffmeyer & Semmelman, L.L.C. 2026-05-07T21:13:19Z https://www.hoffsemm.com/feed/atom/ WordPress /wp-content/uploads/sites/1401854/2020/02/cropped-Fav-Icon-32x32.png On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48825 2023-12-07T17:56:10Z 2023-12-07T17:49:03Z

Robert L. Buzzendore, Esquire   A home inspection is usually standard protocol when a buyer intends to purchase a home. The purpose of the inspection is to determine if there are material defects. Even though a seller disclosure statement is required with the Agreement of Sale  to disclose material defects, sellers are not always honest. A home inspection can provide additional assurance the home is satisfactory.   The selection of a reputable home inspection company is very important. The inspector should be qualified, insured and reputable. A poorly performed inspection will not assist a buyer.   If an inspection has not been properly performed, a buyer has limited time to file suit against the home inspection company. The law states “an action to recover damages arising from a home inspection report must be commenced within one year after the date the report is delivered.” The appeals court recently clarified that this means suit must be filed within one year after the home inspection company delivers the report and not within one year after an issue is discovered[1]. This is a crucial distinction.   If, for example, an inspection report stating no defects in the foundation is delivered on January 1, 2023,  and if a buyer discovers a foundation defect on January 2, 2024  and files suit the same day, the buyer’s suit would be dismissed because it was not filed within one year of the inspection report delivery date.   The limited time to file suit suggests buyers need to be diligent in observing conditions in the home, remaining cognizant that legal action must be filed against the home inspection company within one year of the delivery of the report.   [1] Tibbitt v. Eagle Home Inspections, LLC., No. 1474 WDA 2022, Superior Court of Pennsylvania, October 30, 2023.]]> On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48683 2023-11-30T05:27:48Z 2023-11-30T05:27:48Z

Written by: Robert Buzzendore, Esquire During Covid restrictions, including restrictions on in- person gatherings, and perhaps even after Covid restrictions lapsed, a person may have signed a Will using an electronic or digital signature or a service such as “DocVerify”. If you signed a Will with an electronic signature, you need to act promptly to validate it with a proper signature. The reason is the Superior Court recently held the Lancaster County Register of Wills Office properly refused to probate a Will signed with an electronic signature because the law did not allow an electronic signature. Susan Kittler had her attorney prepare a Will. On the day she ‘signed’ it, Ms. Kittler resided in a nursing home. She attended the ‘signing’ by video conference from the nursing home. The notary attended by video conference from a different location, and she verified Ms. Kittler’s identity as allowed by the remote notary laws. Her attorney and two witnesses attended by video conference from the attorney’s office. Ms. Kittler ‘signed’ her Will by using “DocVerify”, an online software vendor that met the Pennsylvania Department of State's requirements to serve as a secure electronic method for affixing a digital signature which may be acknowledged through the remote participation of a notary public.” After Ms. Kittler died, her adult child attempted to probate the Will and the Register refused. The trial court and Superior Court agreed the Register properly refused to probate the Will. The courts reasoned that the law states a will must be signed and it defined a signature to mean putting ‘ink to paper’. A digital or electronic signature was insufficient. The inability to probate her Will meant her last wishes may not have been fulfilled. If you signed your Will with a digital or electronic signature, now is the time to act.]]> On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48664 2022-07-26T10:45:39Z 2022-02-01T17:06:56Z

Written by: Robert Buzzendore, Esquire Pennsylvania is one of five states with an inheritance tax.  An inheritance tax is a tax on the privilege of receiving property.  In other words, it is a tax on the transfer of an asset from decedent to an heir or beneficiary. The tax is owed by the person receiving a decedent’s property unless a person’s Will directs the estate to pay the tax for the heirs.  However, a person must use caution when directing the estate to pay the tax because if a non-probate asset is given to a person not named in the Will, the heirs in the Will are paying the other person’s tax.  For example, if a person names X as the heir in the Will but Z receives the 401(k), which is not a probate asset governed by the Will, X is paying Z’s inheritance tax. The rate of tax is 0% to 15% depending on the person’s relationship to the decedent.  The tax rate for property distributed to a spouse and charities is 0%, children and grandchildren 4.5%, siblings 12%, and all other persons 15%. The tax is on all assets including retirement plans, vehicles, bank accounts, stocks and real estate.  A 401(k) and IRA may be excluded if the person died before age 59.5.  A Roth IRA is subject to tax regardless of the person’s age at death.  There are two excluded assets: (1) life insurance and (2) a family farm if certain conditions are satisfied and an inheritance tax return is timely filed. The tax return must be filed within nine months of the date of death unless a six month extension is requested before the expiration of the ninth month.   Interest is owed on any amount owed beginning on the first day after the ninth month even if an extension is obtained.  A 5% discount is given on the amount paid within three months of the date of death. The tax is based on the value of the assets as of the date of death minus the value of any deduction.  Deductions may include funeral expenses (unless a prepaid funeral plan), debts, medical bills (unless reimbursed or paid by insurance), estate costs, and attorney fees. A person may believe a way to avoid the tax is to add another person to a bank account or to transfer real estate or another valuable asset to another.  There are disadvantages to these types of transfers.  For example, mom adds son to her bank account as a joint owner.  All of the money in the account is mom’s money.  If son dies before mom, the inheritance tax law presumes 50% of the money is son’s money and mom owes inheritance tax on 50% of the account even though the money in the account was always her money. A transfer of real estate poses other issues.  Assume mom and dad bought their house in 1960 for $2,000.00.  In January 2022 they give it to daughter who immediately sells it for $200,000.00.  Parents have avoided inheritance tax but daughter has a capital gains tax of 15 or 20% based on a gain of $198,000.00 ($200,000 - $2,000).  If parents gave their house to daughter after their deaths, and the house was worth $200,000 on date of death and daughter sold it for $200,000, there would be no capital gain and no capital gains tax.  The inheritance tax would be 4.5% which is substantially less than 15 or 20%. There are many other issues to consider regarding the inheritance tax, and this article only highlights certain areas.  Inheritance tax must be considered in conjunction with federal taxes and Medicaid planning.  It is important to evaluate your objectives and plan accordingly. Hoffmeyer & Semmelman is available to assist you in your planning or the administration of an estate.]]> On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48663 2022-07-26T10:45:49Z 2021-08-30T21:56:50Z

Written By:  Robert L. Buzzendore, Esquire On August 2, 2021, in Kaur v. Singh, the Superior Court denied Mr. Singh’s request to have the protection from abuse (“PFA”) order against him declared void for infringing his religious rights. The order restricted him from attending worship services at a temple he had attended.  The Superior Court disagreed, and it upheld the order. The protection from abuse law is intended to provide protection to an abused adult or child.  It is a civil proceeding and the person requesting protection must prove his or her case by a preponderance of the evidence. This is an important point because it is not a criminal proceeding where the burden of proof is beyond a reasonable doubt. The law provides broad remedies including:

1. directing defendant to refrain from abusing the plaintiff or minor children;
2. evicting defendant from the home.
3. awarding temporary custody of minor children.
4. directing defendant to pay financial support;
5. restraining defendant from entering the place of employment or business or school of the plaintiff or minor children;
6. prohibiting defendant from acquiring or possessing any firearm and directing defendant to relinquish any firearm;
7. directing defendant to pay the victim’s ‘reasonable losses suffered as a result of the abuse, including medical, dental, relocation, moving expenses and counseling; and,
8. directing defendant to refrain from stalking or harassing the plaintiff and other persons.

An order may be entered for up to 3 years and it may be extended under certain circumstances.  If one satisfies the conditions, there is no limit on the number of extensions. Besides the legal remedies, a PFA order may affect job clearances, custody and other matters. Mr. Singh’s former wife filed a PFA petition against him claiming he had threatened her and her son at the Nazareth temple which she attended.  Singh denied the allegations.  He claimed he attended Nazareth temple, since 2005, and another temple. He lived about 45 minutes away from each temple, but he attended Nazareth temple because it was close to an Indian grocery store. The trial court granted the PFA.  As part of the order, the court excluded Singh from attending Nazareth Temple on Sundays when former wife was present. Singh appealed the order arguing it infringed on his federal and state rights to practice his religion and peacefully assemble.  He stated the order should have either allowed him to attend the temple on Sunday and directed each party to stay away from the other, or it should have provided a set schedule for each to be at the temple. The Superior Court disagreed.  It noted the PFA order did not substantially burden his ability to practice his religion, and it did not compel him to act against his religion.  Singh could attend services at another temple or he could attend Nazareth on days other than Sunday. The order only prevented him attending a specific temple on a specific day to ensure his ex-wife’s safety.  The Superior Court concluded the PFA Order did not implicate or violate his constitutional rights. A PFA order may lawfully restrict a person in various matters.  A violation of a PFA order is a criminal offense and it usually results in a fine and jail time. The best courses of action are to avoid situations which a person knows may have the potential to deteriorate when in the presence of the other person, or leave situations when the other person becomes belligerent, angry or combative.  A person should keep a contemporaneous diary of events which may assist at a PFA hearing and if necessary, call the police. In sum, a PFA order is unlikely to be struck based on constitutional reasons. ^{© Copyright by Hoffmeyer & Semmelman LLC,  September 2021} ]]> On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48597 2022-07-26T10:45:55Z 2021-07-07T02:34:46Z

Written By:  Robert L. Buzzendore, Esquire Professional services, whether a physician, engineer or an attorney, are necessary to navigate the complexities of their respective fields. It is acknowledged these costs may come at an unexpected time or result in unplanned expenses. We use paralegals, as appropriate, to reduce attorney costs. Clients may assist themselves and reduce their costs, if they so desire, by doing leg work such as obtaining documents or waiting, if appropriate, by sending one email with multiple questions rather than sending an email on a daily basis where time is billed to the tenth of an hour. A person may also decide to save attorney fees by representing himself or herself in a case. This is known as ‘pro se’ representation. The question is this: is it a wise decision? On May 28, 2021, the Superior Court quashed the appeal of a pro se party because it failed to comply with the Rules of Appellate Procedure. Elliot-Greenleaf (“Greenleaf”) provided services to Mr. Rothstein’s parents under a reduced hourly fee contract for real estate services. Both of his parents died in 2012. Mr. Rothstein was the executor for the Estates and he used Greenleaf for business matters. Greenleaf provided services at the reduced hourly rate and Rothstein refused to pay for the services.  Greenleaf filed legal action at the magisterial district judge and obtained a judgment against Rothstein, who filed an appeal to County Court. Greenleaf obtained a judgment from the arbitration panel and Rothstein appealed. A judge heard the case de novo (anew as though the arbitration had not occurred) and entered judgment against Rothstein, who filed an appeal to Superior Court where he continued his pro se status. Unfortunately for Rothstein, his inexperience resulted in his appeal being dismissed. The Superior Court quoted the PA Supreme Court on the standard it applies to a pro se litigant. “[A]ny layperson choosing to represent [himself] in a legal proceeding must, to some reasonable extent, assume the risk that [his] lack of expertise and legal training will prove [his] undoing.” Rothstein’s lack of legal training proved his undoing because he failed  to comply with numerous appellate court rules. The Superior Court stated it was not his attorney and his brief prevented the Court from being  able to conduct meaningful review. The Court stated that while it was willing to liberally construe his brief, Rothstein “was not entitled to any particular advantage because he lacked legal training.” Consequently, it dismissed his appeal. Having handled over 35 cases in the Superior Court, the appellate rules and procedure can become very complicated even for attorneys. Representing oneself before a magisterial district judge may be satisfactory, but County Court becomes substantially more complex due to the rules, procedure and law. If a person is unable to afford an attorney, a person may contact MidPenn Legal Services. Otherwise, an attorney, or at least a consultation with an attorney to obtain advice about what one may encounter, is recommended before deciding to become pro se. We are available to assist you if you have questions about your case. ELLIOT-GREENLEAF, P.C. v. ROBERT ROTHSTEIN, No. 1848 EDA 2020. © Copyright by Hoffmeyer & Semmelman LLC,  July 2021]]> On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48594 2022-07-26T10:46:01Z 2021-07-07T02:26:04Z

Written By:  Robert L. Buzzendore, Esquire Disgruntled, scorned or disinherited heirs may claim the decedent’s Will was invalid. A child from decedent’s first marriage may dislike being disinherited in favor of step-mom, or a child may believe he was the rightful heir and not his sibling. Various claims exist to challenge a Will such as capacity, undue influence and fraud. How difficult or easy is it to challenge a Will? The courts have developed standards to determine if a probated Will is invalid. Three potential claims are discussed below: undue influence, capacity, and fraud. Undue influence occurs when the person’s mind is prejudiced or his or her free agency is destroyed.  Proof may consist of “the imprisonment of the mind, fraud or threats or misrepresentations or circumstances of inordinate flattery, or physical or moral coercion to such a degree as to prejudice the testator's mind”. Other types of proof consist of a confidential relationship where a person receives a substantial benefit at or around the time of the Will because of that confidential relationship with testator. A weakened intellect may prove undue influence. A weakened intellect is when a mind is inferior to normal minds in reasoning power. However, a physical disability by itself is insufficient to prove a weakened intellect. There is a presumption undue influence has not occurred and the person claiming undue influence must prove otherwise. The proof must show undue influence existed at the time the person signed the Will. Capacity relates to a person’s ability to sign a Will. A person must be at least 18 years of age and of "sound mind." A person capacity’s is viewed at the time he or she signed the Will. A person must have knowledge regarding his assets and who he desires to receive those assets. Memory impaired by age or disease does not necessarily prove incapacity. Also, physical issues are insufficient if mental capacity exists. As with undue influence, there is a presumption of capacity. Fraud is another potential claim to challenge a Will. It is different than undue influence. Fraud occurs when someone uses a trick or misrepresentation which results in the person giving her property to someone contrary to her wishes. A person claiming fraud must prove the decedent had no knowledge of the concealed or misstated facts and if decedent knew the truth, she would not have given her property to the person named in the Will. A person challenging a Will has a high burden of proof. The standard is clear and convincing evidence which is the highest standard of proof in a civil case. “Clear and convincing” evidence is so clear that the person deciding the case can decide it without hesitancy of the truth of the matter. A probated Will is presumed valid and a person has a high burden of proof. Attorneys who prepared the Will and attended the signing are routinely called as witnesses in challenges to a Will, as are their legal assistants who also sign as witnesses AND the Notary Public who notarizes the testator’s/testatrix’s signature. As part of our consultation and when signing a Will, we observe the client and discuss various matters to ensure the client is of sound mind and is not being pressured to give property in a certain way.  It is a reason why we ask others not to attend the consultation or Will signing even if the person drove the client to the office. If necessary, we would videotape the signing. Our goal is to ensure the client’s interests are protected. If you have questions about challenging a Will or you need a Will, we are available to assist you. Shepley v. Richardson, 3211 EDA 2019 © Copyright by Hoffmeyer & Semmelman LLC,  June 2021]]> On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48332 2022-07-26T10:46:07Z 2021-01-20T04:33:02Z

Written By:  Robert L. Buzzendore, Esquire Pennsylvania does not allow a spouse to disinherit the other spouse.  If a spouse is disinherited, the law provides different remedies depending on whether the spouse died with or without a Will.  If the spouse died without a Will (“intestate”), the surviving spouse receives all intestate assets if there are no children.  If the couple had children together, the surviving spouse receives $30,000 plus half of the balance. If the deceased spouse had a Will (“testate”) and disinherited the other spouse or provided an insufficient amount, the surviving spouse may elect against the Will.  The surviving spouse would receive 33% of the probate assets.  The election must be made within 6 months of the date of death or the date of probate, whichever is later.  The failure to file an election results in a waiver of the right to claim a spouse’s probate assets. It is important to remember the assets passing through a testate or intestate estate are the only assets available to the surviving spouse.  Generally, these assets do not include assets with a beneficiary designation, such as life insurance or a 401(k), which pass directly to the beneficiary.  Also, a prenuptial agreement may eliminate the right to receive estate assets.  Depending on the nature of the assets, there may not be many estate assets to pass to a surviving spouse. There may be valid reasons to disinherit a spouse.  A spouse may have children from a prior marriage and a desire to provide for them, or there may be a lack of need due to previous gifts and support to the other spouse, or there may be estrangement. A recent appeals court case dealt with a surviving wife who filed an election against her husband’s Will.  In re Estate of Jabbour, 2020 PA Super 244, 1275 WDA 2019. She and husband had signed a prenuptial agreement but evidently neither waived their rights to collect against the other’s estate.  Husband died and Wife elected against his Will because she was not familiar with his assets.  Husband was very secretive about his financial affairs.  Wife filed an election to preserve her rights. After wife obtained additional information about his assets, she filed a petition to withdraw her election.  Although it was not discussed in the decision, wife would probably receive more assets by not electing against the Will. One of husband’s adult children from a prior relationship disagreed with her attempt to withdraw the election.  The orphans’ court granted the petition and husband’s child filed an appeal to Superior Court. The Superior Court affirmed the orphans’ court decision.  It held wife properly withdrew her objection despite the delay in filing because she only recently discovered the nature and extent of husband’s assets. The key is to ensure you have discussed and planned estate matters with your spouse.  Have you considered the situation where your spouse died testate and you were disinherited?  If there is no Will and there are children, have you considered whether the first $30,000 plus half the balance is sufficient?  What if the estate assets are minimal because a majority of the assets had beneficiary designations or were transfer on death accounts with other named persons? If there are few assets in the estate, there will be few assets to receive whether in intestacy or by electing against the Will. If you are disinherited, you have a limited time to act upon the death of your spouse.  Meanwhile, planning for life changing events with your spouse may ensure peace of mind and provide assurance during future chaotic times.  If you have any questions regarding Wills or estate administration matters, Hoffmeyer & Semmelman is available to assist you. © Copyright by Hoffmeyer & Semmelman LLC, December 2020]]> On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48330 2022-07-26T10:46:11Z 2021-01-18T04:29:36Z

Written By: Robert L. Buzzendore, Esquire On December 14, 2020, in Goodwin v. Goodwin, the Superior Court entered an important decision regarding life insurance and IRA proceeds in a divorce case.  Goodwin v. Goodwin, 2020 PA Super 284, 2338 EDA 2019.  The issue was whether IRA and life insurance proceeds paid to a spouse during marriage were marital property subject to distribution under the divorce laws.  If the proceeds were not marital property, they would not be subject to distribution between husband and wife when they divorced.  The Superior Court held the proceeds were not marital property. The law defines "marital property" as “all property acquired by either party during the marriage”. 23 Pa.C.S. 3501. There are exceptions to this definition including property acquired by bequest, devise or descent. A bequest is a gift of personal property and a devise is a gift of real estate. The Goodwins married in 1990.  Wife had a son from a prior relationship.  Although Wife filed for divorce in 2009, they reconciled.  Wife’s son died in January 2017, and the parties separated in March 2017. Son had four life insurance policies through his employer and an IRA. Son named his mother as sole beneficiary of the life insurance policies and IRA.  Wife received $633,301.72 from the life insurance and $8,216.51 from his IRA.  Son did not name husband (stepfather) as a secondary beneficiary. Husband claimed the insurance proceeds were marital property even though he agreed Wife did not place the life insurance and IRA benefits into a joint account; wife used part of the proceeds to purchase a home solely in her name; and, wife placed the balance into her bank accounts. Husband also agreed her son used his own funds to pay for the life insurance policies and the deposits into his IRA account. Instead, husband claimed the proceeds were not a bequest, devise or descent under section 3501 because they passed to the beneficiary outside the scope of the laws governing a deceased person’s estate.  As a result, the proceeds did not satisfy the section 3501 language which excluded a bequest, devise or descent from marital property.  One Superior Court judge agreed with husband and filed a dissenting opinion. The remaining two judges of the Superior Court held the proceeds were not marital property.  It explained the intent of section 3501 was to exclude property transferred or given to one spouse from the definition of marital property.  In other words, if property was given to both spouses, it was marital property, but if it was only given to one spouse, it was not marital property. The Court further reasoned the proceeds were a gift which vested at the time of death.  Furthermore, the intent to make a gift to one spouse was clear when the person did not designate any secondary or contingent beneficiary.  The Court held if it did not treat the proceeds as a gift, chaos could ensue because some forms of gifts to one spouse would be considered marital property while other forms of gifts would not be marital property, and this could thwart the giver’s intent. The Court’s policy reason to consider the proceeds as non-marital property were probably based on the facts in this and other real-life scenarios.  Deceased son did not have a good relationship with stepfather, and it is doubtful he would have designated his mother as beneficiary if he knew stepfather could obtain a substantial portion of those proceeds if the parties divorced.  Son could have used other planning techniques to avoid stepfather’s claim against those funds. This is a very important decision because many people use beneficiary designations as a way to distribute life insurance and retirement proceeds upon death.  A Will does not control the distribution of these funds, and as noted above, it is doubtful a person would name a spouse as a beneficiary if he or she knew the other spouse could claim a portion of those proceeds in the event of a divorce. As of January 4, 2020, husband has not requested re-argument with the Superior Court and he has not asked the PA Supreme Court to consider the case, but the time to request such matters does not expire until January 14, 2021. Hoffmeyer & Semmelman is always available to assist you in your family law matters. © Copyright by Hoffmeyer & Semmelman LLC,  January 2021]]> On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48223 2022-07-26T10:46:17Z 2020-10-08T07:19:00Z

Equal vs. fair There are many cases where an equal inheritance among all your children wouldn’t be fair. The children may feel resentment if they do not perceive the division as fair among the family members, so how do you determine a fair distribution? It will look different for each family. However, there are two common approaches for defining fair: 1. Everyone receives an equal dollar amount or the same amount in assets. 2. You distribute assets based on past financial help or those children who are in greater need. a. Does one child have a far better education and far greater capability of earning significant income during the course of their lifetime or does their spouse/partner have a significantly larger income than the other child or children or their partners or spouse? b. Is one or more of your children addicts? Are their spouses or partners addicts? Are they or their spouses or partners serious spendthrifts with spending habits that cannot be controlled by your child? c. Is one or more of your children disabled/handicapped? Is a Special Needs Trust a viable solution for them or do one or more of your children have children who are disabled/handicapped? Obviously there are many more reasons which may suggest less than equal division between or among your children or grandchildren. If you decide to adjust the division based on other factors such as financial help or other circumstances, you may want to have a family conversation asking your children their opinions and explaining what your intentions are. Let them know ahead of time why you are making less then equal provision for each of them. Seriously consider their responses and, perhaps, their advice with regard to the manner in which you are leaving your assets to them. Having a conversation beforehand removes the element of surprise and hopefully reduces tension between your children. Whatever you decide, make sure that you are making the right decision for your estate. Try not to focus on making everyone happy but on a plan that best fits your wishes and family situation.]]> On Behalf of Hoffmeyer & Semmelman, L.L.C. https://www.hoffsemm.com/?p=48216 2022-07-26T10:46:23Z 2020-07-23T10:13:35Z

What is probate, and how can you avoid it in Pennsylvania? Probate is the legal process that occurs after a person dies regardless of whether they had a valid will. In Pennsylvania, if a person creates an estate plan, their property is typically distributed according to their will. If the person dies without an estate plan in place, state probate laws dictate the distribution of their property and other assets. However, there are ways you can avoid this potentially long and complicated process. How does probate work? At its most basic level, probate in Pennsylvania involves two steps: paying off debts and transferring the remainder to beneficiaries. An expedited proceeding can happen for small estates, those where the value is under $50,000, of which real estate and funeral expenses are not included. All other estates must go through formal probate proceedings. A probate court will appoint someone to handle the estate’s administration, known as a personal representative term which includes executor & executrix. However, in most cases where the decedent has drafted a will, someone has already been designated for that role. Once the personal representative, or executor, is in place, they must take inventory of the decedent’s assets, pay outstanding debts and distribute the rest to heirs, as well as assure that all inheritance taxes are paid. Estate planning tools that help you avoid probate Even when an estate is relatively simple, the probate process can be lengthy and complicated. An experienced estate planning attorney can help you avoid the process through these tools: although the following methods do not eliminate inheritance tax.

• Payable-on-death designation: In Pennsylvania, you can designate a beneficiary for bank accounts, including savings and certificates of deposit. Your beneficiary can claim those assets upon your death and avoid probate.
• Joint ownership: Property owned by two or more people can also bypass probate, providing a proper title is in place. The most common forms are joint tenancy with right of survivorship, and tenancy by the entirety. (A term which applies only to married persons).
• Revocable living trust: This legal document is created while you are alive and spells out how you want your assets distributed upon death. However, assets must be placed within the trust and owned by a trustee of your choosing. Because these assets are technically outside your estate, they don’t have to go through probate.
• Gifts: Giving away assets to family members, other loved ones or organizations can significantly lower the cost of probate. However, tax consequences can result for those receiving gifts exceeding $15,000 per year.

Protecting your legacy Regardless of whether your estate is large or small, if your goal is to pass along as much of your wealth as possible to your heirs, if a knowledgeable attorney can find the best options to meet your needs and administer your estate according to your wishes.]]>