Legal Question in Wills and Trusts in Pennsylvania

Your father's Pour-over Will may or may not have to be submitted for probate depending on a number of different factors. First and foremost is whether or not title to all of his assets had actually been transferred into the the name of the Revocable Trust during his lifetime. With the proliferation of Revocable Living Trust being marketed and sold to the public over the last decade, often by non-legal professionals, we are seeing more and more of same that have never been properly funded and are therefore basically of little or no value.

Specifically, were your father's real estate holdings, bank accounts and other probatable assets actually retitled into the name of the trust after it was created. If not, the trust may have little or no value and the Pour-over Will would most definitely have to be submitted for probate. On the otherhand, if all of his assets were retitled into the name of the trust, than it may not be necessary to probate the Will. Even if the Will does not need to be probated, it is likely that most if not all of the assets passing through your father's trust would still be subject to Pennsylvania inheritance tax. As such, an inheritance tax return would still have to be prepared and filed within 9 months of his death.

These determinations can often be tricky and, not to toot my own horn so to speak, it is generally a good idea to consult with an attorney who is competent and practices in this area of the law. In any event, if you would like to discuss this matter with me directly, please feel free to contact me either through our firm's website at www.americanwillsandestates.com or by email at [email protected]. Thank you.

Lloyd A. Welling, Esq.