A man was once a resident of NJ. He moved to Pennsylvania. He went to NJ to see his Doctor and died in traffic. Now NJ wants to claim his body as theirs so his widow will have to pay NJ inheritance taxes. How bad can a state be to steal a corpes
2007-11-21 02:38:49 · 6 answers · asked by Robert B 1 in Politics & Government ➔ Law & Ethics
Drivers License, Voter registration, Mortgage\rent payments. Utility bills in his name. I do think you that to be a legal resident you have to live in a state for 180 days though.
2007-11-21 02:43:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Well, his may have to deal with both states...
Residency is based on the amount of time spent in the state, and the person's intent.
Most states hold that if you live there for 30 days, and have the intent to move there, then that state is the state of your residency.
However, in the event of a death, his property will have to be disposed of. He may have property in both states. If he still has real estate in NJ, he may have to file an ancillary probate action in NJ even though he is a resident of PA.
And owe taxes in both states. Some states will offset their taxes against those paid the federal govt, but federal estate taxes aren't due except on a very large estate.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-21 02:49:19 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
Domicile is the legal issue here. Domicile is proven by things such as registering to vote in a state, getting a state driver's license, getting a library card, renting or buying a house or apartment, having mail delivered to a location, incurring bills which are delivered in-state, joining a church, and the like.
Pennsylvania does not charge any inheritance taxes on property passing to a surviving spouse. Or, should I say, bequests and other property passing to a surviving spouse is taxed at a rate of 0% (zero percent).
I am sure that the state of New Jersey wants to steal the decedent's body.
2007-11-21 02:54:54 · answer #3 · answered by Mark 7 · 0⤊ 0⤋
The DPRNJ, Democratic Peoples Republic of New Jersey, can be pretty bad. I guess, you show them a Pennsylvania's Driver License. Hopefully, he/she followed the law and got their license, right?
2007-11-21 02:49:21 · answer #4 · answered by Curt 4 · 0⤊ 0⤋
Hopefully, he transferred his Drivers License, voter's registration card or some other form of goverment issued ID? Any of those will serve as official identification. Possibly a piece of mail addresses to him as well??? Good Luck!
2007-11-21 02:43:39 · answer #5 · answered by Tina T 6 · 0⤊ 0⤋
Produce either a deed to the Pa home or a rental agreement. Any records at all that indicate a Pa. residence.
2007-11-21 02:43:43 · answer #6 · answered by bradxschuman 6 · 0⤊ 0⤋