Legal Question in Wills and Trusts in Pennsylvania

Re: Wills

The Power of Attorney may be used only during the lifetime of the person who gave it. If there are sufficient funds in the bank account to pay his current expenses and debts for some time to come, you should discuss with him the possibility of pre-paying his funeral expenses now. If there is any possiblility that he will need medcaid assistance, such as for nursing home costs, you and he should first consult with an Elder Lawyer, to make sure that he will not be disqualified from receiving medicaid benefits because of any transfers now. If he agrees, and it is permissible under medicaid rules, to prepay funeral expenses, you and he should make such arrangements only with the most reputable funeral providers, to be sure that the funds will be kept in escrow until they are needed, and that the funeral home will still be in existence years from now.

After the gentleman dies, you must first open an estate with the Register of Wills Office in the County where he resided, and get Letters Testamentary, that authorize you to act as personal representative of the estate. The Register's Office frequently can provide forms and guidance [but not legal advice] to you, to help you in starting the estate.

The bank account may then be retitled or transferred to a new "estate" account, from which you, as executor, may pay probate and other estate fees and expenses, including debts of the deceased. Part of the estate administration involves advertising the fact that the estate was opened. The advertising starts the time running on an period when all creditors may present their claims against the estate, and if they do not do so within one year after the advertising, they may not make a claim.

You should file an PA Inheritance Tax Return, showing the funeral expenses, the probate fees, and the debts. There are some offices of the PA Inheritance Tax Bureau located around the Commonwealth that may assist you in preparing the Return. The return, when accepted by the Inheritance Tax Bureau, will be evidence of how many assets/ much money is available in the estate to pay debts, and if not enough money is available, that the estate is insolvent.

By your taking out Letters Testamentary, you are not assuming personal responsibility for his debts.

You should not make any distributions of the estate under the Will until the Inheritance Tax [and U. S. Estate Tax, if due]and any income tax due from the deceased have been paid.

Once you have an approved Inheritance Tax Return, you may send copies of it to the creditors to show how much, if anything, remains in the estate to pay debts, or that there is nothing left to pay debts.

If you feel that the administration is beyond you, you should consult an estates lawyer in the County where your mother resided to assist you.

NOTE: This response is to an internet inquiry, and does not constitute legal advice. It is not possible to give legal advice without knowing all facts of any situation.