Philadelphia Pennsylvania Affidavit of Surviving Spouse or Joint Survivor

State:
Pennsylvania
County:
Philadelphia
Control #:
PA-AFFJI-001
Format:
Word; 
Rich Text
Instant download

Description

This form is an affidavit in which the affiant is the surviving tenant and former spouse in a joint tenancy, or tenancy by the entireties, with the decedent. The form is used to establish the death of the decedent and the succession of the affiant to the interest of the decedent as a result of the joint interest.

Title: Understanding Philadelphia Pennsylvania Affidavit of Surviving Spouse or Joint Survivor: Types and Usage Introduction: The Philadelphia Pennsylvania Affidavit of Surviving Spouse or Joint Survivor is a legally binding document that serves various purposes related to the estate settlement process. It allows surviving spouses or joint survivors to assert their rights and claim ownership or transfer assets and properties after the death of a spouse or joint account holder. In this article, we will delve into the intricacies of this affidavit, its significance, and explore any different types that may exist. Keywords: Philadelphia Pennsylvania, Affidavit of Surviving Spouse or Joint Survivor, estate settlement process, surviving spouse, joint account holder, ownership transfer. 1. Importance of Philadelphia Pennsylvania Affidavit of Surviving Spouse or Joint Survivor: The Affidavit of Surviving Spouse or Joint Survivor acts as a legal instrument that enables the surviving spouse or joint account holder to establish their right to certain assets, properties, or monetary benefits. Keywords: legal instrument, surviving spouse, joint account holder, assets, properties, monetary benefits. 2. Purpose of the Affidavit: a) Property Transfer: When a spouse or joint survivor desires to transfer ownership of jointly owned properties or assets, this affidavit can serve as a proof of their entitlement. Keywords: property transfer, joint assets, entitlement. b) Financial Claim: The affidavit allows the surviving spouse or joint survivor to claim insurance proceeds, pension benefits, or any outstanding financial sums, preventing any potential disputes. Keywords: financial claim, insurance proceeds, pension benefits, outstanding sums, disputes. c) Bypassing Probate: Through this affidavit, surviving spouses or joint survivors can bypass the probate process in cases where the value of the estate falls under a certain threshold, streamlining the property transfer process. Keywords: bypassing probate, estate value threshold, property transfer. 3. Different Types of Philadelphia Pennsylvania Affidavit of Surviving Spouse or Joint Survivor: While there may not be different types of affidavits with distinct names, variations in use can occur depending on specific circumstances. These might include: Keywords: types, variations, specific circumstances. a) Real Estate Affidavit: This affidavit is typically used when the surviving spouse or joint survivor wishes to assert their right to jointly-owned real estate properties, such as houses, land, or commercial assets. Keywords: real estate, jointly-owned, houses, land, commercial assets. b) Financial Account Affidavit: If the surviving spouse or joint survivor aims to claim financial assets, such as bank accounts, investments, or retirement funds, this specific type of affidavit comes into play. Keywords: financial accounts, bank accounts, investments, retirement funds. Conclusion: The Philadelphia Pennsylvania Affidavit of Surviving Spouse or Joint Survivor is an essential legal document that facilitates the smooth transfer of assets, estate settlement, and securing financial rights for surviving spouses or joint survivors. By utilizing this document appropriately, individuals can avoid lengthy probate processes and protect their legal entitlements. Keywords: estate transfer, probate processes, legal entitlements, estate settlement.

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How to fill out Philadelphia Pennsylvania Affidavit Of Surviving Spouse Or Joint Survivor?

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FAQ

Spouses in Pennsylvania Inheritance Laws While spouses will typically inherit most or all of their spouse's intestate estate, children and parents can complicate that scenario. But if none of those relatives survive the decedent, the spouse is given the entire estate.

Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together.

Intestate Share Of A Surviving Spouse If a decedent is survived by his or her spouse and a parent or parents, then the spouse will receive the first $30,000.00 of the estate, plus one-half of the remaining estate. The surviving parent or parents will receive the other half of the remaining estate.

Pennsylvania wants to assure that these individuals are provided for in the event of the untimely demise of a loved one. In addition to the surviving spouse and children, the law may also provide an inheritance for the decedent's parents, siblings, aunts, uncles, and their children and grandchildren.

Spouses in Pennsylvania Inheritance Laws While spouses will typically inherit most or all of their spouse's intestate estate, children and parents can complicate that scenario. But if none of those relatives survive the decedent, the spouse is given the entire estate.

Once a deed is recorded it cannot be changed. We recommend you consult a real estate attorney or title company to prepare a new deed. If a married couple held the property jointly as tenants by entireties and one spouse dies, it is not necessary to remove that spouse's name from the deed.

Pennsylvania law provides that if a person is still married at the time of their death with no divorce pending, the surviving spouse can elect to receive 1/3 of that person's estate.

In Pennsylvania, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

Pennsylvania law states that you cannot completely disinherit your spouse. Whether you have been married for 1 day or 40 years, if you create a Will with little or no provision for your spouse, a spouse who survives you is permitted to ?elect against? your estate and to claim a sizable portion of your property.

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Many married couples own most of their assets jointly with the right of survivorship. Pennsylvania wants to assure that these individuals are provided for in the event of the untimely demise of a loved one.Can I file a joint return in the year my spouse dies? Assets the deceased person held in a living trust. Joint tenants automatically inherit an asset when the other joint tenant dies. Veteran's marriage certificate for claims of a surviving spouse or children. Share in the estate of the deceased spouse. Actuary. Mr. Alan R. Parham. Share in the estate of the deceased spouse. Survivor Benefits for Spouse and Children – Federal Benefits .

Mr. Ronald Lee Scott, Jr. Share in the estate of the deceased spouse. If you and your spouse jointly held certain assets — such as stocks or bonds – there may be tax advantages to jointly filing your returns to the month your spouse dies. The following is a partial list (but not all) of assets held in a dead spousal trust: 401K — IRA / 403B×457B: Roth IRAs and 401Ks may be used as a spousal estate. Savings Certificates — 401×k) and 403×b), 403×b)(8×, Traditional, and SEP IRA's. Mutual funds, stocks, bonds. (You can use your own money to purchase shares of these funds to provide for your kids.) Trusts or other personal property. Property you owned before your first marriage. Permanent Medical Care Insurance. Inheritance tax-exempt properties when you have more than one legal residence.

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Philadelphia Pennsylvania Affidavit of Surviving Spouse or Joint Survivor