Joshua N. Daly
- Elder Law, Probate, Estate Planning
Attorney Daly is a lifelong resident of the Lehigh Valley. He received his undergraduate degree in Sociology and Economics from Moravian University (B.A., with honors in Sociology, Alpha Kappa Delta), and then pursued a law degree from the University of New Hampshire School of law.
After graduating law school, he began his legal career handling a variety of matters, including civil litigation defense, consumer law, contract law, intellectual property, small business law and estate planning. Over time, Joshua found that assisting families with estate planning and estate administration process (probate), and in particular assisting the aging community, to be his passion.
Through his practice, Attorney Daly helps grandparents and parents preserve their assets for future generations, and assists elderly clients with applying for and qualifying for Medicaid for nursing home care and homebound care. He also assists families dealing with the death of a family member, and navigating the probate (estate administration) process. Joshua has lectured organizations and groups on topics including estate planning, the estate administration process (probate), small business law.
- Elder Law
- Probate Administration
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Free Consultation
- U.S. Supreme Court
- Pennsylvania State Bar
- Estate Planning Council of the Lehigh Valley
- National Association of Elder Law Attorneys
- Pennsylvania Association of Elder Law Attorneys
- Daly Law Offices
- Q. At what point during probate process can deceased persons name be removed from deed for joint-owned property
- A: If the real estate was jointly owned by two people as "joint tenants with the right of survivorship" or as "tenants by the entirety", then the real estate is considered to be a "non-probate" asset, and will not be controlled or affected by the Will. So at any time, you could have an attorney prepare a new deed transferring the real estate from the names of the two joint owners to the name of the surviving owner. (Note: if the real estate is owned by a married couple, and is silent as to the type of ownership, then it is as "tenants by the entirety" by default.) (Also note, inheritance tax may need to be paid on the transfer of the property, depending on how the joint owners were related; discuss this with the attorney who prepares the new deed and they can advise you further.) (For the purposes of this question, I assume the real estate is not held by the owners as "tenants in common"; if it is, then the Will will control what happens to the deceased person's divisible share of the real estate.)
- Q. Life Insurance and estate recovery
- A: Generally, no they cannot, unless there is no named beneficiary on the policy, or, if all of the beneficiaries are deceased. Even if there is no named beneficairy, some policies may specify a "default" beneficiary, such as wife, children, etc.
- Q. Trust owns house
- A: Since it was a recovable trust, and not an irrevocable trust, the trust assets are most likely available to the Estate Recovery Program. However, I strongly recommend taking the trust document to an estate planning or elder law attorney to confirm as much, and also to determine if your parents were the grantors of the trust.
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