Father passed away in 2017. I was named the sole executor and beneficiary in his will. The will explicitly outlined this property as belonging to him and being left to me in the case of his death. Suddenly a silent business partner that walked away four years ago exerts that he is half owner of the... Read more »
Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have...Read more »
document in order to collect funds but I don't know exactly what I need. My mom did not own a home or have any assets can someone give me a clear answer on what I need to do and please talk in layman's terms so I can understand please.
Since your mother had a 401k plan, she should have designated you as beneficiary (or one of several beneficiaries) to receive the account. If she did not designate at least one beneficiary, then your mother died Intestate (without a will) and Fidelity is describing a Small Estates Petition in...Read more »
You haven't provided all the necessary information, e.g., where is the probate proceeding in your mom's case, and are you the named and acting Executor under the will, and has the will been accepted/admitted into probate?
If you are the named Executor, you can procure Letters...Read more »
The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may...Read more »
Here are the details. Sister and I inherited house from father (no mortgage or liens), no will, we started probate, we payed the inheritance tax, we got a new deed created with both our names on it, and we agreed that we both were going to continue living in the house for the next year or 2, but we... Read more »
My Dad never updated his will but he left everything to his girlfriend and she said she is going to distribute everything between her and the 3 children evenly. Wondering about taxes and if I should get an attorney to make sure it’s done fairly. 350k+ in assets and investments mostly... Read more »
Not sure how to read your question, but if you mean by "never updated his will" that your dad DID have a will and his girlfriend received everything under the will, then you will definitely want to meet with a PA estate attorney. if the will is probated and the girlfriend does not file...Read more »
We Plan on living in the house for at least the next 2 years. The recorder of deeds aid that we need to get a new deed created and that any title company can do it. About how much does this whole process cost? I know there is an $83 recording fee. And what is required or needed to create a new... Read more »
You indicate that you inherited the house. How you inherited it will determine if the process is simple or a bit more complicated. If your father's Deed was joint deed with you and your sister (Joint with Right of Survivorship) it may be as simple as filing a PA Inheritance Tax Return to pay...Read more »
Father-In-Law passed away in December, there is only his wife (my mother-in law) and my wife (his daughter) surviving him. My Wife is the executor. There's no mention to where it goes in will. Only thing the will says is that the house is left to his wife (my mother in law) and that his... Read more »
My stepmother had a life estate for my father’s house , with my sister, stepsister and myself being the remaindermen. Whereas that arrangement is specified on his will, I’m not sure if it is reflected on the deed. I called the county clerk but she said she could not give me the info. How can I... Read more »
My stepmother recently passed away. My father had granted her a life estate for his house, with the remainder interest to be divided between my sister, myself, and my stepmother's daughter. What is the process that we now need to go through to sell the house and divide the proceeds. The lawyer... Read more »
You and your co-heirs need to know what the County record/Registrar of Deeds shows where the real estate is situated. If that record shows the grant from your father to step-mother, remainder to you and heirs, it is probably sufficient to file/record a Certificate of Death of your step-mom....Read more »
A Pennsylvania attorney could advise best, but your question remains open for three weeks. It's difficult for attorneys here to offer their services to you to fulfill your request. This forum isn't set up like an attorney referral service. The format here is basically Q & A. One...Read more »
The "wife" died and house was in both names. Would common law marriage be able to apply in this circumstance when there is no will that everything would go to the "husband". My research on internet looks like yes it can as long as they were together before 2005. The lawyer... Read more »
Pennsylvania law says: "No common-law marriage contracted after January 1, 2005, shall be valid." If the couple were together since before 2005, there MAY be a common law marriage. However, validity of a common law marriage requires more than just living together for a certain period of...Read more »
First of all sorry to hear of your diagnosis. Second, you should not make any hasty decisions right now. There are many considerations involved in the transfer of your assets or designations of beneficiaries, and you should gather your information and meet with an experienced estate planning...Read more »
Funeral expenses will be paid by family members. He had less than $250 in the bank, and once Social Security re-claims the pro-rated portion of his monthly benefit paid at the beginning of the month, there will be insufficient funds. There is no life insurance, property, vehicle, etc. Can the... Read more »
As a practical matter, if the credit card issuers are notified by letter that your father is deceased, there are no assets available to pay their bills and the family is not raising an estate administration, the likely result will be they will write off the balance. To the extent there is any...Read more »
Both my sister and I are over 18 oh, and my father passed away. We both have been living in the house helping take care of him. He told us that both my sister and I would be getting 50% of the house. We have not been able to locate a Will anywhere, and I know we are supposed to pay inheritance tax... Read more »
There are too many unanswered questions right now to give you a specific answer in this type of forum, but you are fortunate that there are no mortgages or liens on the house. You should meet with an experienced estates attorney to assist you in opening an estate administration (since there is no...Read more »
The great aunt has a will and the executor is her niece. Does she need to include this in her will? should we do a deed transfer now so we avoid the most taxes? what is the best route to avoid the 15% inheritance tax?
Although all joint accounts pass to the surviving wife by law, and avoid probate, and therefore are not included in the probate estate which would be available for husband's creditors, the question as to whether the surviving wife could be liable to pay deceased husband's creditors...Read more »
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