by Karen UlmerAdoption will establish all the legal rights, duties and responsibilities as exist for natural born children between the adoptee and the prospective parent(s). Those rights and duties include, but are not limited to, the right of the child to inherit through you and your family, the legal obligation to financially support the child, the right […]
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Living Will/Healthcare Directive
A living will or health care directive is a legal document concerning your intentions for medical care in the event you are incapacitated and unable to convey your wishes. The agent(s) you name would be responsible to make sure your wishes are carried out. It is a good idea to make sure your regular physicians […]
Legal Implications of Adoption
Adoption will establish all the legal rights, duties and responsibilities as exist for natural born children between the adoptee and the prospective parent(s). Those rights and duties include, but are not limited to, the right of the child to inherit through you and your family, the legal obligation to financially support the child, the right […]
Last Will and Testament
Your will is a legal document that directs what should happen to your belongings at the time of your death. A will can generally be changed during your lifetime. A new will can be drafted if there are substantial changes to your wishes. A codicil can be used to supplement your initial will if you […]
Joint Property
It is necessary to disclose joint property owned in part by the decedent at the time of his death. Often, joint accounts will provide for the surviving account owner to retain the account, however, these accounts must still be disclosed for purposes of assessing any applicable inheritance tax. Pennsylvania assesses an inheritance tax of 4.5% […]
Inventory of Estate
An inventory must be filed with the court in the course of administering an estate. This task would be the responsibility of the executor or administrator of the estate. The inventory should identify all probate assets of the decedent at the time of death. This may require some investigation by the executor/administrator. Ideally, the decedent […]
Intestate Succession
Chapter 21 of Title 20 outlines the order in which surviving relatives would inherit from a decedent. If the decedent was married and there is no surviving issue (child) or parent, the entire estate goes to the surviving spouse. If there is a surviving parent, the first $30,000 of the estate along with half of […]
Guardianship Changes
Guardianship of an incapacitated person refers to the authority to make decisions on behalf of an adult individual who has been adjudicated as such by the court. The standard for incapacity involves an analysis of whether the individual can manage their financial resources and/or meet essential requirements for their own health and safety. The first […]
How do you divide retirement assets in divorce?
Pensions, as well as other retirement plans, are often one of the assets up for division in a divorce. The court will equitably divide the marital portion of a pension plan after considering all the relevant factors in equitable distribution. The marital portion of a plan would be the portion that accrued from the date […]
How to Place a Child for Adoption
There are two options to place a child for adoption. The first option is to surrender the child to the appropriate agency. This can include the county social services agency or private adoption agency. Under 23 Pa C.S. 2501, written notice of intent to give custody of the child to the agency should be presented […]
Guardianship of a Minor Child
A guardian can be appointed to make decisions on behalf of a minor child. Temporary guardianships can be put in place without a court hearing. The guardianship would transfer the authority to make decisions for a minor child from the existing parent/guardian to another person for a limited time. A written agreement is required to […]