Who is on the deed to the residence? Look at the most recent deed of record, the chain of title. Life estates? You can have a title search done for both ownership and all liens, and you should do that, as the personal rep of the Estate. If the Estate has a lawyer, that probate lawyer will know... View More

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answered on Feb 23, 2024

In the absence of a designated beneficiary form for a 401(k) plan, the distribution of the funds will typically follow the plan's default provisions and legal regulations. Generally, the spouse of the deceased individual is considered the primary beneficiary by default in many cases,... View More

Pursuant to New Jersey statutory law, S.A, 3B:3-2B, a holographic Will, e.g., one handwritten by the decedent, even unsigned (the handwriting of the decedent of the context of the Will may be good enough), can be admitted to probate in NJ, regardless of the location of its drafting. But there are... View More

You (and your wife) need legal documents (including a Deed) to close the Estate and make sure all Inheritance Taxes were paid so you end up with clear title to the property. You should also have an agreement between your wife and your sister- in- law to manage the property. Your wife and sister-... View More

Admitting a Will and having a named personal representative (Executor/Executrix) appointed is a pretty simple matter, in most cases, although a personal appearance by the personal representative at the Probate Clerk's office is usually required, to be sworn in.

That can happen where... View More

We've been representing financial institutions for over two decades.

"Legal id"?

You aunt's financial institution most certainly has her signature card for her deposit account, and that's all that one needs to add another adult to her account, on a simple... View More

The PA "death tax" on an Estate, when the heirs are the children of the deceased, is like five percent of the fair market value of what's distributed. No heavy tax.

The Federal 'unified tax and estate' tax has a deductible of several million, so you needn't... View More

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... View More

Whatever is "normal" is governed, and overridden, by a probated Last Will, with its description of powers of the personal representative/Executor.

The appointed pers rep is charged to ensure that any actions of the Estate work to maximize the distribution to the beneficiaries.... View More

Probate court rules can vary from county to county, but in your situation, a "family agreement", which usually deals with matters of both distribution and procedures, would be a good place to provide that you are to be the personal representative and that you are to serve without bond... View More

In PA, the "estate tax" is levied upon the fair market value of the benefit distributed. Usually, the Will provides that the Estate will pay all debts, and that includes the tax on bequests. Once paid, the distributed benefit gets the "stepped up basis" to its fair market... View More

This issue, and your questions, should be addressed to your probate attorney.

In PA, every personal representative, whether executor named in a probated will or and administrator, both appointed, and entrusted, by the court, is required to file an Inventory of all estate assets. That... View More

Yes, of course, assuming the property is located in PA. The owner of the property (him) owns the property, and the bank with a mortgage against the property has a mortgage lien against the property. So long as payments are made in accordance with the mortgage Note, the bank had no right to... View More

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answered on Oct 15, 2023

I understand your concerns. In the U.S., if your parents are still legally married, your father might be eligible for certain Social Security benefits upon your mother's passing, regardless of their prolonged separation. Your mother's wishes about her benefits cannot change Social... View More

After the passage of one year from the date of first publication in a newspaper of general circulation in the county where the probate is, and after all due debts have been paid, yes, as sole beneficiary, you should get the residual estate proceeds. The bank should honor your check (as Executor,... View More

When an Estate is created under PA law, either by probating a will, or a guardianship, etc., the new personal representative can 'reach back' for up to four years to recover transfers of assets that did not return "fair market value" the one whose property makes up the Estate.... View More

It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More

Just a P.S. Financial accounts, whether at financial institutions, insurance companies, brokerage houses, or the like, can be contractually required to make payments to a named, authorized joint account holder (right of survivorship) or other designee. The requirement of a short form by your... View More

if all of the accounts are POD or TOD or have named beneficiaries, then there is no need for you to probate Will and get Short Certificate.

if your father forgot to designate a POD or TOD or Beneficiary on one of the accounts you may still be able to avoid probate if the amount in that... View More

It appears, from your post, that your are both the sole heir and the named Executor in the Will. As a matter of practice, it is always best that the named Executor/Executrix have the original, or a duplicate original, of the Will, inasmuch as it is the named personal rep who is responsible for... View More