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From Our Elder Law Attorney

All Articles Estate Planning Estate & Trust Administration Medicaid Planning Medicaid Estate Recovery Power of Attorney Ultimate Guides

What Assets are Not Subject to Pennsylvania Inheritance Tax?

By Robert C. Gerhard, III

Pennsylvania inheritance tax is due within 9 months of a person’s date of death on the value of most assets owned by the decedent and passed on to his or her beneficiaries. There are exceptions and assets not subject to Pennsylvania inheritance tax.  

Should I have a Springing Power of Attorney?

By Robert C. Gerhard, III

A springing power of attorney is one that only becomes effective upon the occurrence of an event. Often this triggering event is your mental incapacity caused by a medical setback …

3 Focus Areas for Estate Planning In Montgomery County

By Robert C. Gerhard, III

If you are estate planning in Montgomery County, there’s plenty to think about. Through the estate planning process, you and your attorney will arrange for the management of your entire …

Does a Financial Power of Attorney Grant Unlimited Power?

By Robert C. Gerhard, III

Can the person you name in a financial power of attorney do anything he or she wants to do? What an agent (POA) can do on your behalf depends on …

What are the legal duties of a Pennsylvania Power of Attorney?

By Robert C. Gerhard, III

In Pennsylvania, the agent named in a power of attorney document has certain legal duties to fulfill. If the agent fails to meet his or her legal duties, he or …

The Required Notice Page on Pennsylvania’s Power of Attorney

By Robert C. Gerhard, III

Pennsylvania financial power of attorney documents signed after July 1, 2015 must include the following “NOTICE” in capital letters at the beginning of the power of attorney. Creativity is not …

Form 1310: Statement of Person Claiming Tax Refund Due to a Deceased Taxpayer; Do It Right or Risk Major Delays

By Robert C. Gerhard, III

Filing a decedent’s final federal income tax return without including Form 1310 and supporting documentation will result in major delays in receiving an income tax refund that is due.

Medicaid 5-Year Look-Back Period PA Ultimate Guide

By Robert C. Gerhard, III

The Medicaid 5-year look-back is a complex process that determines whether or not an individual is financially eligible for Medicaid benefits. In this article, we explore what the Medicaid 5-year …

Estate Recovery: Will the Medicaid Estate Recovery Program Take My House?

By Robert C. Gerhard, III

The Medical Assistance (Medicaid) Estate Recovery Program seeks repayment of Medicaid benefits from the probate estates of certain deceased Medicaid recipients. Most paybacks under the estate recovery program come from …