John B. Whalen Law Blog

For further reading from my Web Site:

http://www.johnbwhalenjr.com/_powers_of_attorney.jsp

Review your Power of Attorney.  The law in Pennsylvania changed drastically in April, 2000.  A Notice page (in capital letters containing very specific and exact wording) and an... Read More

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For further reading from my Web Site:

A common misunderstanding with a Living Will is that your doctor will, or must, follow your directions.  Unfortunately, this is not true.  However, should this not be the case, your doctor (as well as any health care provider) must inform you if they cannot, for whatever reason, follow your wishes as stated in your... Read More

For further reading from my Web Site:

http://www.johnbwhalenjr.com/_estate_documents_misunderstandings.jsp

First and foremost, the Fiduciaries of all of your Estate Planning documents (i.e., your Agent under your Power of Attorney, your Surrogate under your Living Will, your Trustee under your Trust, and your Executor under your Will) should possess the primary... Read More

For further reading from my Web Site:

http://www.johnbwhalenjr.com/_estate_planning_misunderstandings.jsp

Common law marriage in Pennsylvania was recognized by the Pennsylvania Supreme Court one hundred and thirty years ago. Common law marriage in Pennsylvania was questioned by the Pennsylvania Supreme Court five years ago. Common law marriage in Pennsylvania was... Read More

For further reading from my Web Site:

http://www.johnbwhalenjr.com/_estate_taxes.jsp

There are - very simply - two (2) primary "death" taxes that may apply at a decedent's death in Pennsylvania - the Federal Estate Tax and the Pennsylvania Inheritance Tax.

Federal Estate Tax (our federal "death" tax) taxes bequests beginning at a 45.00%... Read More

For further reading from my Web Site:

http://www.johnbwhalenjr.com/_small_estates.jsp

Yes.  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... Read More

For further reading from my website:

http://www.johnbwhalenjr.com/_probate_misunderstandings.jsp

Probate is the procedure for beginning an Estate Administration.  The Probate process itself is a relatively simple procedure, but it is merely the beginning of the Estate Administration process, which involves settling a decedent's affairs, and can involve many, many other... Read More

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From further reading from my Web Site:

http://www.johnbwhalenjr.com/_powers_of_attorney_misunderstandings.jsp

Estate Planning documents should always be up-to-date and current.  As I always advise my clients to review their Estate Planning documents to ensure that they are in accordance with new laws, new life changes, and new situations in general, I... Read More