Asset Protection

Bankruptcy-benefits-get your credit back


Considering bankruptcy? you have a lot on your mind. Let me help you start fresh. I can show you the bankruptcy-benefits.

I will evaluate your case, determine if you are eligible for bankruptcy, and tell you what type of bankruptcy you need. Then I will file it for you. Creditors will to stop calling. I will work to quickly stop put repossession of your belongings and the foreclosure of your home. I will work with you and your loan agents to put together a sensible, and doable, repayment plan. When all this is done you can begin the process of rebuilding credit.

Bankruptcy will take the pressure off

Once we start working together the pressure is off. My years of experience have shown me that the bankruptcy benefits created by the process of filing for relief from debt is an important step you and your family to get control of your financial situation. I can bankruptcy-benefits, reorganize your debts and teach you how to avoid common pitfalls in the future.

Let me help you begin again by filing for bankruptcy.

I will work with you to Get Your Financial Health Back. Remember what it was to be debt and worry free? When you slept at night? By working with the skilled bankruptcy attorney C. Stephen Gurdin, you can take back control of your financial life.

Call bankruptcy lawyer C. Stephen Gurdin Jr. at his Wilkes-Barre office today at 570.826.0481, toll free at 800-221-0618, fax 570-822-7780, email to schedule a free consultation.
Regular Office hours 2:30 and 7 p.m. Monday through Friday by appointment. Earlier appointments available upon request
Don’t hesitate to put your mind at ease with his help, call today.

Estate Tax valuation date

Valuation: The value is the fair market value. This is construed to mean the price at which the property would change hands in an arm’s length transaction between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of the relevant facts. The valuation issue may arise in the context of inclusion of property in the estate or in computing a deduction or exemption.
• Date: The valuation date is the date of the decedent’s death. An alternate date six months later may be elected but only if it decreases both the estate and the tax. If an alternative date is used, that date will be used for all assets of the estate. The election can be used for a late filed return and is irrevocable. Although date of death or alternative date are used, some post death events can affect valuation, such as post death sales or expectation of board approval which might result in a discount in value.

To make sure that you are protected, it is crucial that you contact skilled and experienced Attorney C. Stephen Gurdin Jr. a Pennsylvania Estate Planning lawyer.
Call Attorney C. Stephen Gurdin Jr. at his Gurdin Law Wilkes-Barre Scranton Pennsylvania area office today, 570.826.0481 toll free to schedule a free consultation
Regular Office hours 2:30 and 7 p.m. Monday through Friday by appointment. Earlier appointments available upon request.


What is ejectment?

What is ejectment?

It is a civil action brought to obtain possession of real property. The person bringing the action must be out of possession but has a right to possession as well as the right to remove the one who is either in possession or who has some claim or interest in the land and to compel that person to assert their interest or be barred from asserting it in the future. It can be brought to determine a question of title to the property. It can be used when the owner of an adjoining property has taken possession of a portion of the property. It can include a claim for lost profits and can be based on true legal title. It can also be based upon equitable title, such as a situation in which a purchaser of a property has not yet obtained a deed but has a contract and has performed and paid or is ready to pay.

Keeping and protecting your property requires access to extensive resources, including the trusted legal counsel of a top real estate attorney.

Free In Office Consultations, Payment Plans Available, Over 30 Years Experience,

Pennsylvania Real Estate Attorney

Call Attorney C. Stephen Gurdin Jr. at his Gurdin Law Wilkes-Barre Scranton Pennsylvania area office today, 570.826.0481, or email to

Federal Gift and Estate Tax Summary The unified tax on transfers

Federal Gift and Estate Tax Summary
The unified tax on transfers has three parts:
gift tax (for transfers made during life),
estate tax (for transfers made at death)
and generation-skipping tax (for transfers that skip a generation).

The gift and estate taxes are imposed on an individual for gifts during life and on his or her estate for transfers at death based upon the value of the property.
The result is that there is normally a separate tax as the property passes from one generation to the next. But, if property is transferred to a person two or more generations younger than the person making the transfer, one generation or more of taxation is lost. For example, a parent transfers property to a child and, to the extent that the value exceeds any exemption or exclusion, the transfer is subject to tax. The child then transfers property to his or her child and again, to the extent that the transfer exceeds any exemption or exclusion, the transfer is subject to tax. But if the grandparent skips the gift to his or her child and transfers the property to a grandchild or more remote descendant, the opportunity for taxation would be lost. To plug this hole, the Internal Revenue Code (the IRC) imposes a tax on such transfers. The current tax maximum rate is 40%, and the exemption as to this special tax is $5,450,000 for all such transfers (the lifetime generation skipping tax exemption), as well as an annual gift tax per-donee exclusion at $14,000.00 for 2016.
The tax at death and the tax on transfers that skip a generation were repealed and then reinstated. The gift tax was not repealed. All their taxes are now in effect. The top gift rates for transfers during life, the estate tax at death and which skip a generation are at 40% for 2016.
A transfer to a spouse is exempt from taxation without limit.
A gift made during life is exempt from taxation up to a limit for 2016 of $14,000.00 per year for each recipient(the annual per-donee exclusion). This amount is doubled for gifts by husband and wife. The life time exemption for gifts and estate tax is $5,450,000, adjusted for inflation after 2011. A deceased spouse’s unused estate and gift tax exemption is portable and can be used by the surviving spouse. This provision allows families from incurring gift and estate tax that could have been avoided through estate planning. The generation skipping tax is not portable.
The exemption for generation skipping transfers is a cumulative $5,450,000 for 2016, covering both transfers during life and at death.
If transfers during life, at death or skip a generation exceed the applicable exemptions or exclusions, the transfer may be subject to tax.
Even with this integrated tax structure, there are substantial opportunities for tax savings. For example, annual gifts equal to or less than the then current annual per-donee gift tax exclusion continued over a period of years will allow a tax free transfer of substantial property. In addition, gifts of property that will substantially appreciate can be transferred at its value at the time of the gift, which may be at or below the annual per-donee exclusion, with the appreciation in value passing to the donee tax free. This type of lifetime gift can be utilized with the transfer of insurance, closely held stock and other property having a substantial likelihood of appreciation over time. Another variation is the Grantor Retained Income Trust(GRIT). The planning involving such a retained interest transfer is complex, but the tax savings can be substantial. Frequently, there is no tax at the time of the gift. The trust income is a periodic gift as it becomes distributable to the beneficiary. The controlling estate tax factors have to do with the grantors reserved power to alter, amend or revoke as well as to designate who shall possess and enjoy the property.
Planning for these events, as well as the valuation of the property transferred, the application and allocation available exclusions or exemptions, the calculation of the tax, and the preparation of appropriate returns, are complex matters upon which it is best to seek professional assistance.

Call Attorney C. Stephen Gurdin Jr. at his Gurdin Law Wilkes-Barre Scranton Pennsylvania area office today, 570.826.0481.

Estate Tax – Gross Estate Gifts

Gross estate: This includes property of every kind wherever located. It includes property that passes directly under state law and is not subject to estate administration, as well as property that is exempt from taxation, such as municipal bonds. The form of the property is not important. Claims of various kinds are included even if cancelled by the decedent’s will. There are certain provisions for gifts made within three years before the death.
1. Gifts before death: Gifts made before death are treated as gifts and are taxed or exempted as such. Gifted property is valued at the time of the gift, so appreciation after the gift and before the death of the donor is untaxed. If the estate becomes insolvent because of the gift, the recipient is responsible for the tax.
2. Powers of appointment: This is a right in someone who does not own property to designate who shall use and enjoy it. If the holder of the power can appoint either to himself, to his estate, or to either himself or his estate, it is a general power and is included in the holder’s estate. A power created after 1942 is taxable even if not used. If the power is limited to an ascertainable standard such as “health, education, support, maintenance”, it is not taxable. If the power is taxable, the executor or administrator can recover the tax from the person receiving the property unless the will provides otherwise.
3. Nonresident aliens: Estate tax applies to U.S. citizens and residents(here construed to mean presence coupled with an intent to stay indefinitely). There are special provisions for nonresident aliens. Estate tax treaties are in force with many countries.