AMM Blog

Welcome to the AMM Law Blog, a tool to help you keep up to date on current legal developments over the broad spectrum of our practice areas.  We welcome your comments and suggestions to create a dynamic forum that will be of interest to readers and participants.

On January 1, 2020, a new change to Pennsylvania’s Inheritance Tax Law became effective for decedents who pass away as of that date and leave assets to children under the age of twenty-one (21). Under the new law, inheritances from parents to children under the age of 21 will now be taxed at a zero percent rate, effectively passing inheritance tax-free.

Pennsylvania is one of six states that assesses an inheritance tax on the transfer of assets from a decedent to his or her heirs. Pennsylvania’s Inheritance Tax is applied to a decedent’s probate and nonprobate property, including real property based in Pennsylvania, cash accounts, IRAs, 401ks, and joint property. Out of state real property and life insurance proceeds are exempt from Pennsylvania Inheritance Tax.

The rate of Inheritance Tax depends on the relationship between the decedent and the recipient of the property. Under Pennsylvania’s prior Inheritance Tax law, transfers to all descendants, including children, stepchildren, and grandchildren, were taxed at a 4.5% rate. Now, with the new Inheritance Tax law becoming effective, transfers from a parent or stepparent to a child (including an adoptive child) or stepchild who is under the age of 21 on the date of the parent or stepparent’s death will be taxed at a zero percent rate. It is important to note that this new law only applies to transfers from a parent or stepparent to a child under the age of 21; transfers to all other descendants (including from grandparents to grandchildren under the age of 21) will continue to be taxed at the 4.5% rate.

As for other Inheritance Tax rates, they remain unchanged, so: transfers from a decedent to his or her surviving spouse are taxed at a zero percent rate, while transfers to siblings are taxed at 12%. Transfers to all other individuals are taxed at a rate of 15%. Finally, any distributions left to a charity are exempt from Pennsylvania Inheritance Tax.

The holiday season can be a stressful time of the year, especially for children whose parents have recently separated or have a tense custody arrangement.  I often remind my clients to keep in mind that the children have not asked to be put in this position, and parents should do all they can to ensure a happy and stress-free holiday for their children. After all, the children should be the focus in the holiday season.  Here are some tips to help reduce tensions for your children over the  holiday season . 

1. Make it clear to your children that you are genuinely happy for them to spend time with the other parent.

2. Help them make cards and gifts or take them out to buy something for the other parent.  It doesn’t have to be extravagant, but this small gesture will go a long way in bringing happiness to your children, and hopefully foster more civility with their other parent. The children will be excited that they have a gift to give,  and hopefully the other parent will reciprocate in the future.

3. If your children are having fun at the other parent’s house, spending time with family they haven’t seen in some time, and want extra time with that family, consider allowing them to spend a little extra time before you pick them up, especially if your plans are flexible. 

4. Don’t cancel Christmas or Hanukkah. Some parents decide that because they are not going to have their children at a specific time on the holiday, they are not going to celebrate this year. The only ones hurt with this approach are your children, who – after all -  did  not ask to be subject to a custody order. Make it clear to your children that you were excited to celebrate with them, and that you will be celebrating when they are back at your house. That will also give them peace of mind to enjoy the holiday more when they are with the other parent free of guilt and worry that you are sitting home alone and sad since they are not there with you.

5. Make sure you look at the custody order in advance. If you have any questions make sure to have those questions answered by your attorney or resolved in a discussion with the other parent well in advance to avoid disputes on  the eve of the holiday .

If your children see that you are happy to celebrate the holiday, no matter what the schedule is, that will allow them to more fully enjoy the holiday as well.

Wish you and your family a very happy holiday season.

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