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Stephen M. Asbel

Stephen M. Asbel

Reger Rizzo & Darnall LLP
  • Estate Planning, Probate, Tax Law ...
  • New Jersey, Pennsylvania
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Education
Villanova University
J.D. | Law
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University of Pennsylvania
B.A. | International Relations
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Honors: Cum Laude, Distinction in Major, Pi Gamma Mu Social Science Honor Society, Phi Alpha Theta History Honor Society
Activities: Penn Band, College Bowl
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Professional Experience
Partner
Reger Rizzo & Darnall LLP
Current
Publications
Articles & Publications
The Perils of Procrastination in Administering a Deceased Family Member’s Estate
Reger Rizzo & Darnall Client Alert
Supreme Court Ruling Changes the Rules in Pennsylvania, New Jersey and Delaware: LGBTQ+ Employees’ Right to Bring Federal Discrimination Claims
Reger Rizzo & Darnall Client Alert
Executing Wills and Powers of Attorney During a Pandemic
The Legal Intelligencer
Second-Parent Adoptions: An Option for LGBTQ Parents
The Legal Intelligencer
Why You Should Pre-Plan Your Funeral
Client Alert
Protecting Your Will and Other Documents from Potential Challenges by Angry Relatives
Client Alert
Mark Twain was Wrong – New Land is Being Made But Who Owns It?
Client Alert
Speaking Engagements
Interviewed on Safe Money Radio
WDEL 1150 AM
September 2013
Awards
Boutique Estate Planning
Corporate INTL Global Awards
2017-2019
Top Lawyers
Main Line Today
Top Estate Planning and Administration Attorneys List
Suburban Life Magazine
Distinguished Peer Rated for High Professional Achievement with High Ethical Standing
Martindale-Hubbell®
Lead Counsel Rated Attorney in Estate Planning Law
Lead Counsel
Lead Counsel Rated Attorney in Probate Law
Lead Counsel
Who’s Who in Executives and Professionals
Who's Who
Professional Associations
Delaware County Panel of Attorneys for Arbitrators
Member
Current
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Philadelphia Estate Planning Council
member
Current
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Delaware County Bar Association
Member
- Current
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Jurisdictions Admitted to Practice
New Jersey
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Pennsylvania
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U.S. District Court, District of New Jersey
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U.S. District Court, Eastern District of Pennsylvania
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Fees
  • Free Consultation
  • Credit Cards Accepted
Practice Areas
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Probate
Probate Administration, Probate Litigation, Will Contests
Tax Law
Estate Tax Planning
Family Law
Adoption, Guardianship & Conservatorship, Prenups & Marital Agreements, Same Sex Family Law
Business Law
Business Contracts
Real Estate Law
Residential Real Estate
Additional Practice Area
  • Assisted Reproductive Technology (ART) Law
Languages
  • English: Spoken, Written
Legal Answers
Q. Is there specific language put in survivorship deed to show added name is my child to be exempt from PA transfer tax?
A: I do not know all the facts in your situation but before you proceed with adding your daughter to the title of this deed, you should consider the potential that doing so could reduce the benefit of stepped-up basis in calculation of capital gain tax if the house is sold in the future. The inheritance tax you are trying to reduce has a rate of 4.5 percent of the value of the house but the capital gain tax rate could be 15 or 20 percent on the increase in value of the property on the portion that would be owned by your daughter. Depending upon how long you have owned the house and other factors, adding your daughter to the title could result in capital gain tax of an amount greater than the inheritance tax you are trying to save. Also consider that once you add her to the title, you cannot unilaterally change your mind. If you want to sell the house, she would have to agree.

I recommend that you consult with an experienced estate planning attorney regarding your whole estate planning situation before you proceed with this transfer.
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Q. What should we do with my widowed mom's house to protect the heirs against capital gains upon her death?
A: From the information given, it appears that the best thing to do to protect against capital gain tax on your mother's house after her death is to do nothing. If she holds ownership of the house until her death, there will be stepped up basis for calculating capital gain. That is, the capital gain would only be gain that occurs after her death. If the house is sold soon after her death, there will likely be no gain at all.
Q. Can I renounce my right as an executor, and is it difficult to do so?
A: It is fairly simple to renounce your right to administer an estate in Pennsylvania. You fill out form Orphans Court Form RW-06 (you can download it) including filling in who is agreeing to administer the estate in your place. You have to sign the form in the presence of a notary. You give the signed and notarized form to the person who will be petitioning to administer the estate and then they include that with their own petition and documents to open the estate.

Note that if the person who ends up administering the estate is a Pennsylvania resident, they will probably not need a bond as long as all the heirs entitled to inherit are over age 18.
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Websites & Blogs
Website
Stephen M. Asbel's Website Profile
Website
Reger Rizzo & Darnall LLP Website
Contact & Map
Reger Rizzo & Darnall LLP
Philadelphia, PA
Cira Centre, 13th Floor
2929 Arch St
Philadelphia, PA 19104
Telephone: (215) 495-6500
Fax: (215) 495-6600