John B. Whalen Law Blog

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Be aware that a Will may not dispose of all of your assets at your death.

Perhaps to the contrary, a Will disposes of your assets that are titled in your name alone and that have no beneficiary designations. Consequently, a Will does not control two, potentially and enormously valuable, categories of assets.  A Will does not... Read More

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Be aware that a Power of Attorney must comply with Pennsylvania's rules (April, 2000), and begin with a Notice page.

The Notice page must be in capital letters. The Notice page explains and warns the rules surrounding the immense power of a Power of Attorney and the corresponding authority of the Agent. If you executed a... Read More

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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... Read More

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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 traits of being able and willing.   Without these two... Read More

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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 abolished by the Pennsylvania Commonwealth Court one month... Read More

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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% rate. The Federal Estate Tax has a threshold,... Read More

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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 court supervision.  However, despite Section 3101's... Read More

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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 steps, depending on the Probate Estate.  If a Will exists, it is... Read More

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