Legal Question in Real Estate Law in Pennsylvania

My uncle has terminal cancer. I have power of attorney, and executor. He doesn't have much at 90 except a house (~$150k) and a car but he wants me to get both without "giving the government everything". What should I do?


Asked on 5/15/13, 4:11 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

There's not much the government would get. What does his will provide? If he's leaving it all to you, there will be PA probate fees [nominal], some PA inheritance tax based on the value of the estate after deductions of probate fees, payment of debts and taxes including income taxes, and final expenses, no federal estate tax, and that's it. Are there other assets he's concerned about?

You do realize that the power of attorney is effective only during your uncle's lifetime. After he dies, until you probate his estate, no one can act on his behalf.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 5/15/13, 5:53 pm


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