Or, does a court review expenditures, as a matter of process, after a POA has been appointed? I can only guess it was a general POA. The principal (a PA resident) has, since, passed and, while I understand the POA was terminated with the principal's death, I fear the estate (small) is less than... Read more »
this is a very broad question so at best can give a general answer. If this was a POA pursuant to a written General POA signed by the principal (as opposed to a court appointed guardian or agent) then there is not much oversight unless the principal or someone on behalf of the principal reports...Read more »
A little more information is needed. The specific wording in the Trust, the type of property, etc.. If the Trust is not continued, or a new Trust is not created, then the property will generally pass to the named beneficiaries. This is not automatic as you refer to, but will require a trust...Read more »
In PA, Marital asset being willed to another family member and account has a Transfer on death to another family member. If the surviving spouse is not left 1/3 of assets can they elect a 1/3 if it’s a TOD? Financial investment guy says it doesn’t matter if the surviving spouse doesn’t get... Read more »
The spousal election is taken against all of decedent's assets as a whole, and not against individual assets. The statute is specific as to what assets are included in the election, and it also excludes a few. The eligible assets are NOT limited to probate assets. For example, jointly held...Read more »
My grandfather left my brother and I legacies so that we can attend/complete college. He also left us some money in his will. He recently died and we are concerned that our parents, who we are not close with, may try to steal that money. Can they legally access this since we are legal adults? Are... Read more »
sorry no way to answer your questions without seeing the Will. If you think your grandfather may have left you some assets hire a probate attorney that can help you verify if there is a will or if an estate has been opened and whether or not you might be a beneficiary
I am going to restate this slightly to make sure I am reading this correctly. It appears that Decedent had a biological child that was then legally adopted by separate parent(s). Under PA law it is clear that the Child will inherit from the adoptive parent(s) but will NOT inherit (under intestacy...Read more »
It is unclear from your summary whether your mother had a Will or not. These are very fact intensive and time sensitive issues. In general, based on your description above, if your mother was alive when your uncle died, and your mother was a beneficiary of his estate at the time of his death,...Read more »
When my uncle died in 1992, my mother, his sister, was alive. She passed away in 1998 before my uncle's PA intestate estate was recently settled 3 months ago. She had a FL will that was settled 20 years ago. I was not a beneficiary.
When distributions were made from my uncle's estate,... Read more »
Under the circumstances you describe, since your mother survived your uncle, she was entitled to her share of your uncle's Estate when he died, and once she died any distributions from your uncle's estate would typically be made to your mother's estate. There are some limited exceptions to this...Read more »
Can my Mother set the value at an unrealistic low price of her property and give my brother right of first refusal when the actual value is about 3 times that value? Or if he is not around gives his wife that same right. Can this be contested to show actual market value of the property?
It is unclear from this summary if this is a Will and a separate agreement which is a combination of a sale and gift, or if this is all set forth in a Will. In general there is nothing wrong with a partial sale/partial gift, but as you have described it there are a lot of questions regarding if...Read more »
MY DECEASED HUSBAND'S BROTHER HAND WROTE A RATHER SKETCHY WILL JUST PRIOR TO MY HUSBAND'S DEATH WITH ONE OF THE BENEFICIARIES AS A WITNESS ALONG WITH HIMSELF SERVING AS THE OTHER WITNESS; ALSO I WAS TOLD THAT THE WILL WAS NOTARIZED WITHOUT MY SICK HUSBAND PRESENT. MY HUSBAND HAD A SMALL BANK... Read more »
There are too many unanswered questions at this point. You need to visit with an attorney familiar with probate process as soon as possible. If , as you describe, the brother hand wrote the Will, then it probably does not qualify as a valid Will in PA. You then have to look at the PA Intestacy...Read more »
There is not enough information to provide you with an Answer. You should first review the language of the Will with an attorney to determine beneficiaries. If no Will, then it is not likely that your children are heirs and sister cannot force that type of distribution. You have several options,...Read more »
my FIL's gf blew through his cashed out life insurance policy, life savings,etc and left nothing to cover funeral costs. He also left thousands in debt to his bank, office landlord, clients and employees. Concerned it will ruin us financially.
You will need to engage, or at least meet with , an attorney familiar with PA estate administration. You may want to evaluate the amount of the assets left and the amount of debt before you get involved in an administration. PA has a statute that addresses administrative expenses and payment of...Read more »
Generally in Pennsylvania it takes 9 months to 1 year to settle a "simple" estate. Inheritance tax is due at 9 months. If there are known debts, or the possibility of unknown debts, we will often wait until 1 year after the Legal Notices have been published to make sure that all debts are...Read more »
She lived in Florida where her house is and I live in Pennsylvania,will I have to pay any taxes at all after settlement when the money is divided up ? also do you have to add it to your income when you file your yearly taxes ? thanks in advance
If your mother had established domicile in Florida prior to her death and assuming this is not a Federal taxable Estate, then there should be no inheritance or estate taxes due . Usually when property is included in Estate it will get a step up in basis of the property equal to the fair market...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.