John Doe, Trustee under trust agreement dated 05/11/2012. "The John Doe Trust" is another way to name or reference the same trust. The remainder was the address of the trust at the time the trust was created (05/11/2012)
My mother passed away shortly after changing her will to place my step-father as beneficiary/executer and placing myself (only natural child) and included my step-sister as contingent beneficiaries upon his death. He had a will made up saying the same.
It looks like you may have two questions here. First, if your mother had an Estate opened then you can get a copy of her Will from the Register of Wills in the county where she lived at the time of her death. No one could change your mother's Will except her, and only while she was alive. Her...Read more »
Without all the facts the general answer is it is possible but highly unusual. Your daughter should obtain a copy of the Will and review it with an experience probate attorney. If the Will does not mention your daughter's name she may have a claim that she was inadvertently left out of the Will
Most PA lawyers would want to review the Trust Agreement before preparing the Deed. The terms of the Trust can actually determine if the transfer into the Trust is subject to PA Realty Transfer Tax which you may not have considered . Deed prep is not that expensive, and you would want a PA...Read more »
I want to ensure my 2 sons eventually acquire the cabin and acreage. Although I have a basic Will noting my sons are to receive my 1/2 ownership, can my Brother do the same to ensure his ownership doesn't go into probate to his wife and subsequently leave the original family, or is there something... Read more »
The first place to start is to review the current deed. If it does not contain "joint tenants with right of survivorship" language then you and your brother own the property as tenants in common, and you each can transfer or bequeath your 1/2 share in your separate Wills. Your brother's spouse...Read more »
about 10 years ago, my family started a charity that I describe as "Make a Wish for adults with terminal conditions/disabilities." This charity was started in my late grandfather's name. when the charity was started, it had two of my family members on the board, the rest were close family friends... Read more »
These are difficult situations when the family founders lose touch with the charity since charities are not "owned" by anyone. Also depends on whether a public charity or a private foundation. Depends on original documents, tax status, and other factors. In Pennsylvania the Attorney General's...Read more »
there really is no "standard" time to probate an estate in PA. it really depends on the type of assets in the estate, existing debts and other factors. it is not unusual for probate to take two years, but if you are a beneficiary you should be receiving regular updates as to the progress of the...Read more »
There are a few key facts missing here, first being WHO is the Executor? The Executor has an obligation to administer the estate, which includes keeping the beneficiaries informed as to the status of the administration. If the lawyer is the Executor then you certainly have the right to ask him or...Read more »
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 »
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