Difference between revisions of "Estates in Pennsylvania"
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"(a) Power of attorney. -- A personal representative may convey real estate, transfer title to personal estate, or perform any other act of administration by an attorney or agent under a power of attorney. '''Nothing in this subsection authorizes the delegation of any discretionary power.'''<br> | "(a) Power of attorney. -- A personal representative may convey real estate, transfer title to personal estate, or perform any other act of administration by an attorney or agent under a power of attorney. '''Nothing in this subsection authorizes the delegation of any discretionary power.'''<br> | ||
...<br> | ...<br> | ||
| − | (c) Delegation authorized by governing instrument.--Nothing in this section precludes a delegation authorized by the governing instrument."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=19&subsctn=0 20 Pa.C.S. § 3319(a), (c)]</ref> | + | (c) Delegation authorized by governing instrument.--Nothing in this section precludes a delegation authorized by the governing instrument."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=19&subsctn=0 20 Pa.C.S. § 3319(a), (c)]</ref><br> |
| + | <br> | ||
| + | While a personal representative may delegate non-discretionary authority, the Power of Attorney statute requires the POA to expressly grant authority to "exercise fiduciary powers that the principal has authority to delegate."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=56&sctn=1&subsctn=4 20 Pa.C.S. § 5601.4(a)(7)]</ref> | ||
= Intestate Succession = | = Intestate Succession = | ||
Revision as of 10:40, 3 May 2023
Contents
Overview
Underwriting
- If a Will does not specifically direct or authorize the sale of real property, ensure that the sale is not prohibited and that any devisees of the Property join in the conveyance.
Personal Representatives
Under the Probate, Estates and Fiduciaries Code, both Administrators and Executors are considered "Personal Representatives" and certain provisions apply to both roles.[1]
Statutory Powers
Power to Sell
"Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, . . . any real property not specifically devised, and with the joinder of the specific devisee real property specifically devised."[2]
Delegation
"(a) Power of attorney. -- A personal representative may convey real estate, transfer title to personal estate, or perform any other act of administration by an attorney or agent under a power of attorney. Nothing in this subsection authorizes the delegation of any discretionary power.
...
(c) Delegation authorized by governing instrument.--Nothing in this section precludes a delegation authorized by the governing instrument."[3]
While a personal representative may delegate non-discretionary authority, the Power of Attorney statute requires the POA to expressly grant authority to "exercise fiduciary powers that the principal has authority to delegate."[4]
Intestate Succession
Wills
Taxes
Foreign Fiduciaries
Foreign fiduciaries can exercise power over Pennsylvanian property by complying with 20 Pa.C.S. § 4101. This statute requires (1) filing of exemplified copies of listed documents with the local Register of Wills, (2) filing of an Affidavit by the foreign fiduciary stating the estate is not indebted to anyone in Pennsylvania, and the foreign fiduciary will not take any actions prohibited by their home state. The foreign fiduciary cannot exercise any powers within Pennsylvania until at least 1 month after the decedent's death, and must pay all taxes due the Commonwealth from a sale of the Property.
For the Affidavit: “We therefore hold that until a debt has been judicially established, whether through a lawsuit or an audit pursuant to the grant of ancillary administration, an asserted but unliquidated obligation does not constitute an indebtedness for the purpose of § 4101(2).”[5]
See Inheritance Taxes in Pennsylvania
- ↑ 20 Pa.C.S. § 102
- ↑ 20 Pa. C.S. § 3351
- ↑ 20 Pa.C.S. § 3319(a), (c)
- ↑ 20 Pa.C.S. § 5601.4(a)(7)
- ↑ See Biglan v. Biglan, 330 Pa. Super. 512, 479 A.2d 1021 (1984).
