my sister and I agree he should . but my brother and younger sister do not. they prefer money over family
so if it comes to it should he get his own attorney?
our attoney my sister and I have didn't tell us about common law marriage. I did the digging and found it now Im... Read more »
All would have to agree or you and your sister would have to make gifts from your shares.
they walked down the aisle but the lience ran out. does common law stand for them. we have an attorney but he failed to tell us about common law marriage in Pennsylvania. we want him to be include my mom loved him dearly.
is there any information aside from section1103 im missing
thank you
In all probability, the most efficient way to do that would be to distribute the estate to the children and for the children to then gift to your mother’s partner whatever portion of the estate the children wish him to have. There will be a 4.5% inheritance tax on whatever passes to the... Read more »
I am an only child and the property is in Pennsylvania.
Unfortunately, this is far more complicated. There is no such thing as an “Affidavit of Heirship.” You need to hire a lawyer to open an estate. If you have siblings or your mom had a husband, they will have to join with you or formally renounce. Ultimately, the lawyer will do a deed from the... Read more »
I lost my job because of taking care of her my siblings left me to make all the decisions for her care now they want their inhierentence it's only been a month
If there was a Will, the Will controls. If there is no Will, you and your siblings have equal authority and equal responsibilities. You also get equal inheritances. However, you have the right to claim a “family exemption” right off the top because you lived with her. As I recall, that is... Read more »
My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »
Since I just answered your last question and you are now asking if there is a time limit on probating a Will, I will try to read between the lines and fill in the missing pieces.
It sounds like, when grandfather died, you never probated the Will and thus never got a deed from the estate,... Read more »
My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »
I agree that you need a “professional opinion,” which means that you should engage a lawyer to look into the situation and give you advice.
From your brief description, it sounds like there may have been a mortgage against the property, unpaid taxes or a judgment that was not paid, any... Read more »
The house is co-owned by his girlfriend of 20 years and she was named the owner in the will and on the deed. I did not inherit the realestate. I am his son and the executor of his estate. I keep getting conflicting information on what is supposed to happen and I'm getting very confused.... Read more »
First of all, if you have not already done so, you need to consult a lawyer to represent the estate.
Inheritance taxes are obligations of the inheritor, not of the estate. Most often, however, a testator writes a Will that shifts that tax burden to the estate. Thus, the first question is... Read more »
doctors was not paid in spite of a doctors lien being signed by myself and my attorney. I am disappointed with my attorney's response which was "I have to pay it." Is there anything I can do to get the attorney to pay the bill?
Your attorney is correct that you are responsible for the bill.
but his name is on the deed. what should she do so she does not lose her house
The Mortgage is mostly irrelevant. The question is whose name or names is/are on the deed. If his name is on the deed, he has every right to stay. She could buy him out, if they can agree on a price, and then ask him to leave. If his name is not on the deed, she can have him leave.
If,... Read more »
A lawyer would have to review the Will. Generally, if the bequest is specifically limited to the house, since the house would no longer be part of the estate, the bequest becomes meaningless. If, however, the bequest is meant to include the proceeds of sale (which would be unusual), the recipient... Read more »
He has cash in escrow, debtors to pay and a property to sell or settle with beneficiaries.
I am not sure what your question is. If you are dissatisfied, you can make an appointment with another lawyer for a second opinion.
he never changed the beneficiary. Am I still the beneficiary?
If your facts are correct, you are the beneficiary.
They all gave us the go ahead. We checked the Lebanon County, PA rules and there were none. We had a company come out and start to install our fence (vinyl 6ft high) to be served with a cease and desist from developers who sold the land to the builder. The builder didn’t disclose the deed... Read more »
This, among other reasons, is why people should have lawyers when they buy houses. A competent lawyer would have asked the title company for copies of the restrictions, and you would have then known what they were. However, you may have a legitimate beef with your title company for not providing... Read more »
I do not how to proceed. The property is 300+ acres.
If you are not on the deed, you would need to open an estate in order to dispose of the property, whether to you or anyone else. If there are debts, the debts are now obligations of the estate. They would need to be paid, irrespective of whether you are or are not personally responsible for them,... Read more »
I have decided to end our engagement because he has been verbally, mentally and emotionally abusive towards me and my children. He is telling me that I either have to give him money, or that we have to sell the house and split the profits, but we've only owned it for a year and 4 months and... Read more »
You need to consult a lawyer.
My grandfather and I have jointly owned a property in PA for the last 2 years. He passed away this year and the
property transferred solely in my name. Is there any kind of tax I will have to pay when I sell it. The land was purchased for 18k and we rebuilt the property form the ground up.... Read more »
There will be a 4.5 % inheritance tax on the half that your father owned, and which passed to you. There will also be a capital gains income tax on the sale, which is measured on the gain over “basis.” “Basis” is, essentially, your cost of acquisition plus costs of documented... Read more »
through it. I was struck on the driver's side front bumper. I have a Property Damage Limit of only $5,000.00 and according to my Insurance Company and the pictures he saw of his vehicle it is going to exceed $5,000.00 which I know I will be responsible for. How will they get the rest of the... Read more »
There is no wage garnishment in Pennsylvania for this type of thing. Your insurance company should try to settle the entire case for the limits of your coverage in order to protect you. If they can't, they owe you a duty of defense and would have to hire a lawyer to defend you. The lawyer... Read more »
My father is predeceased by his parents and has no spouse. His home was signed over to the state of PA in order to pay for medical care, but his belongings remain in the home. After his death, other family members including his sister, brother and step mother have gained access to the home and... Read more »
Unless the state of PA would claim the personal articles, they would potentially pass to you and your sister. In order to get the remaining articles or the ones that were that were improperly taken, however, you would have to open an estate, and the estate would then have to sue. It would... Read more »
House is in Pa. No will can be found. House Owned jointly by deceased and two surviving children. Third child died many years ago, never on the deed. Do the deceased daughter's children inherit anything?
No.
I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.
You should consult a worker's compensation lawyer to see if you have a worker's compensation claim even though you were not on the clock. Secondly, if you fell because of the employer's negligence, the employer's liability insurance would potentially be responsible for lost... 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.
