PA Trusts & Estate Blog

"Rent-to-Own" – How Does It Work?

“Rent-to-own” is a way of acquiring an asset – most often a principal residence. Usually, a rent-to-own agreement is a lease with an attached option. The landlord sells the tenant an option to buy the property at a fixed price at some point in the future. There may be a small down payment of some… Read More

What Happens in Case of Return of the Legally Dead?

The reappearance of Brenda Heist last week after being declared legally dead has brought me all sorts of questions. The Pennsylvania Statute that governs the property of absentees and persons presumed dead is at 50 Pa. Cons. Stat. §§ 5701 through 5706. Generally, if a person disappears and is absent from his place of residence… Read More

Who Fears a Big Bad Tax Bracket?

How many times have you heard someone say “Oh no, that will put me in a  higher tax bracket?” Most of the time these folks do not understand how tax brackets work. A lot of folks, including some very intelligent and/or successful professional types,  erroneously believe that if their income nudges them over into the… Read More

Tax Exemptions for Nonprofits: Income, Property or Both?

Exemptions from tax for non-profits: should an income exemption be enough? Non-profit organizations that meet IRS guidelines are exempt from paying income tax. The tax policy behind the exemption is that these types of organizations benefit the community and therefore reduce the burden on government. A similar policy is behind giving individuals a charitable deduction… Read More

Ohio to Join Fourteen Asset Protection Trust States on March 27

Domestic asset protection trusts are irrevocable trusts that a person creates to protect assets from future creditors. They are termed “domestic” to distinguish them from offshore trusts. Asset protection trusts do not offer income tax protection as all income of the trust is deemed income of the settlor. They are designed to protect the settlor… Read More

Payout Options for ROTH IRA Beneficiaries

Roth IRAs do not have minimum distribution requirements during the account owner’s lifetime. Age 70½ can come and go and no distributions are required. This allows more wealth to accumulate tax-free as the assets stay in the Roth IRA and earnings are reinvested tax-free. Roth IRAs are a great tool to consider in estate planning.… Read More

Surviving Spouse Options as Beneficiary

A Roth IRA is an individual retirement account named after the United States Congressman William Victor Roth Jr., who was the legislative sponsor of the bill creating this plan. When a traditional IRA is converted to a Roth, all before-tax contributions made to the IRA become taxable; and the income tax must be paid. But… Read More

Division of Estate Among the Children

Experience shows that the biggest liquidity problem is not paying estate and inheritance taxes – it is equalizing the inheritance among the family members. Business is very difficult, if not impossible, to divide equitably. Many business owners ignore this problem. They leave behind them a legacy of hard feelings and bitterness. Therefore, for the sake… Read More