My wife was second in the Power of attorney ,if her brother could not perform the task ,He passed away 12/31/2020 will was written about 8 months prior. She needs to sell the house and put it in trust for her mother to be used to pay for nursing home care, because of her brothers death she is also... Read more »
... to start, it seems that you may be confusing a few terms ... it also appears that you may be referencing two different documents - a Last Will (you had mentioned an Executor) and a Power of Attorney (you had mentioned that she is the second in that - behind her brother)...Read more »
The are five sibling and the will specifies that the estate be settled equally; each sibling receiving 20%. My sister lived with my father prior to his passing and continues to occupy the property. She is the executrix of the estate and has specifically denied us access to the house. We want to... Read more »
The executrix stands as your deceased father's personal representative so she can decide who can enter the property. The rest of the beneficiaries have a beneficial interest. If you believe the estate is not being administered properly or the property is not being maintained, you can file a...Read more »
The lien is from a home equity loan where the primary applicant is not on the deed of the property but the co-signer is. In this scenario, the co signer passed away and in their will they gave the house to someone unassociated with the loan/lien.
A Devise of real property subject to a Lien to a Devisee conveys the property to the Devisee with the Lien against the land, but does not render the Devisee personally obligated for the Debt which created the Lien. The Lienor may go against the land but not the new owner. However the Lienor...Read more »
For example, a husband passes and has standard bank accounts in excess of $50k in his name only that in his will are left to his daughter. His surviving spouse takes Elective Share. Is the surviving spouse eligible to receive the 1/3 share of those accounts? This situation being in Pennsylvania.
These bank accounts are counted as part of the total of assets that count toward calculating the 1/3 elective share even if the accounts were specifically left the decedent's daughter. Whether the surviving spouse actually receives money out of the accounts depends upon whether there are...Read more »
She was married and did die intestate in PA. Her husband inherited her very small estate. The question asked appears in her deceased husbands will. How would this be distributed ? She was from the Philippines. No children. Would half her husbands estate be distributed to her family ? Or since her... Read more »
A lawyer would need to review the Will in its entirety. On the basis of what you have quoted, the Will might be referring to distribution of half of his estate in accordance with the Pennsylvania intestacy laws, i.e., to her family, or the equivalent of half of what was her estate in accordance...Read more »
If the appointment of an estate administrator was 15 months after the death of the estate owner (date of death was Oct 2020, appointment of administrator was Jan 2022), what should be used as the the date Estate formed for generating the estate Tax ID date? Note, the original death certificate was... Read more »
I agree with the preceding answer, but there's another factor to consider: the valuation for estate tax purposes (where the appreciation in value is taxed at 4.5%) becomes the "stepped-up" basis for future income tax/capital gains purposes. The estate tax 4.5% is a way better rate...Read more »
Revocable Trust owns house in with trustees were originally my mother and stepfather. They established this in 2007. They were the settlors and trustees. She passed in 2018. He passed in 2021. Successor trustee is me. Can Medicaid take house in estate recovery?
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...Read more »
My husband and daughter are co-owners on the deed for the property that we currently have 2 homes on. They have owned this property for 9 years. My daughter is getting married in July. My question is 2 fold. 1. If my husband dies before me, does his share become mine? 2. If my daughter divorces,... Read more »
To completely answer your question, I would need more information. Concerning the first part of your question, what happens in the event of your husband dying before you, it depends upon the form of shared titled your husband and daughter have on this property. If your husband and daughter own...Read more »
Because the house was held by a REVOCABLE Trust, which could have been changed at any time prior to death of the trust grantors, the house has been subject to that power of disposition by both your dad and mom. For that reason, because of that power, the house is probably included in the estate of...Read more »
In Pennsylvania, you can sign a document called a "disclaimer" which indicates you wish to not receive either all or part of what you would inherit. If you sign a disclaimer, for purposes of the estate administration, you would be considered to have died before your father. The question...Read more »
My son is 100% beneficiary for an account he was left...myself and my sister Are co-executors of the will (50-50) my sister is trying to get part of the account that my son is 100% beneficiary even though it’s in the will that her and I are co-executors does she have legal rights to the account... Read more »
Assuming the will has been admitted to probate, its provisions about the disposition of assets is controlling. If the will has not yet been submitted to the probate court, you should do so without further delay.
Where there are co-executors, one cannot take action without the agreement of...Read more »
All parties are residents of Pennsylvania. Joint OR on all deceaseds accounts. Only one other party in will, can I just calculate the inheritance tax on the joint accounts with a cpa and pay the sum to the only other member mentioned in the will. Or am I required to have an attorney carry this out... Read more »
Father passed away with no will. His name, wife’s name, and daughter 1’s name all on house daughter 1 lives in. Do daughters 2&3 have any claim to the house or does daughter 1 need to buy out other two daughters?
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