Question

Your law firm represents John Doe, Executor of the Last Will and Testament of Jane Doe, deceased. At the time of her death, Jane Doe was domiciled in Adams County, Pennsylvania. Under Pennsylvania law, a form Rev. 1500 (PA Inheritance Tax Return - Resident Decedent) must be filed, and any Inheritance Tax due paid, within 9 months from date of death. You are employed as a paralegal. An Associate Attorney in your law firm instructs you to: 1) meet with the Executor; 2) collect all financial information regarding the assets, debts and expenses of the the estate; 3) prepare the required PA Rev. 1500; and 4) sign and file the return with the Register of Wills, Adams County, PA. The Associate Attorney indicates that he trusts your ability and has no intention of reviewing or signing off on your work. Feeling uneasy, you inform the Senior Partner of the situation. The Senior Partner is concerned that the request of the Associate Attorney, if carried out as instructed, may constitute the "Unauthorized Practice of Law." Assignment: Research Pennsylvania Statutory and Case Law as it relates to the "Unauthorized Practice of Law." Apply your research / findings to the scenario above presented. Write a Memorandum of Law advising the Senior Partner of your findings.

Answer 1

A will ensures the smooth transfer of property to your loved ones or designated charities upon death. That's the word that frightens people but we have seen real comfort to grieving families because someone cared enough to be clear about what should happen to the assets. We also seen anguish loved ones because of denial of this inevitable day. Writing a valid, well thought will is one of the most helpful things you can do for those you love. IN addition to providing for your assets, I strongly recommend to draw up a durable power of attorney and health care power of attorney with a living will. The following questions you should think before coming in for a will - Where do you want your assets to go ? Who will raise your children if both parents are deceased ? Who will manage your estate and make sure your wishes are carried out? A durable power of attorney is a document where you appoint agent who can act for you if you are unable to handle your own affairs. It is like an insurance policy you hope never to use, but it will make sure that the person you want will handle your finances for you. Your agent can step in to your shoes and handle all matters on your behalf including writing,checks,selling real estate, and filing income tax returns. Without power of attorney your family will have to go to court to have you declared incapacitated and have the court appoint a guardian to handle your affairs. An executor or administrator is the person who sees to the proper distribution of the estate.An executor or administrator is appointed to a. Pay the decedents debts b. Gather the assets C. Sell or transfer real estate d. See that the provisions of will are carried out or, if there is no will, that the assets are distributed according to the law. The role of executor consumes time. Not only is there the time it takes to do all that needs to be done. There is the additional time devoted to learning the ropes. An experienced lawyer can facilitate the management and distribution of the estate in cost effective and speedy manner. Pennsylvania's inheritance tax has four brackets ranging from zero percent to fifteen percent and is levied on all assets controlled by you at your death with some exceptions.