Legal Question in Wills and Trusts in Pennsylvania

My mother passed away in December and my father had already passed away years prior. My brother and I are co=executors in the will' I have a question about the Family exemption. There is a little more than $3500 left in her checking account. Can my brother and I claim a family exemption. Do we take $3,500 out first, split it like each take $1,750 each before any medical or funeral bills are paid? It;s only my brother and I, no one else. No property or vechicles. Just some money in a checking account that already has my brother and my names on. So do we take that money ourselves before any bills are paid? There's nothing to sell. I want to make sure I take care of this the proper way before we pay any of the bills,which we will have to split the money between all of them. thank you so much.


Asked on 2/11/11, 12:56 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Consult an estates lawyer to go through this with you. If the estate is insolvent, the creditors would not be able to be paid.

Any child of the decedent who is a member of the same household as the decedent may claim the exemption. In the event there is no spouse or child, the exemption may be claimed by a parent or parents who are members of the same household as the decedent, and if is no spouse or child, the parent may claim it. The family exemption is allowable against assets which are passed on with or without a will. That means, it is a deduction on the inheritance tax return. It does not mean that heirs have the right to take that money before anything or anyone else is paid from estate assets.

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 2/11/11, 1:23 pm


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