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answered on Sep 5, 2024
If there is a mortgage on the property, you will first need the lender’s consent. You will have to hire a surveyor to prepare a new legal description. You should then have a lawyer prepare a new deed for you, which, after execution, can be recorded. The new deed should include both the old and... View More
How can we do this legally or can we just barricade it
answered on Jul 26, 2023
This is a complicated question, which needs to be reviewed with a lawyer. There are many missing facts.
I submitted this question earlier and received two different answers from two different lawyers. One said, Yes, if the beneficiary died after the person in the origional will died. (Which is the case). The first person's will went to probate, is still in process after 1 1/2 years and no... View More
answered on Jul 22, 2023
Please reference my original answer, which I believe to be correct. The presence or absence of a reference to per stripes is relevant only if the beneficiary died before the Testator, which, in this case, he/she did not.
Thus, as I said originally, based on the facts you presented, the... View More
A beneficiary was named in a Pennsylvania will. The will went to probate in PA courts, but the beneficary died before the probate and any gifts were distributed. It had been over 1 year and 6 mts since Probate started. The executor is stating that the beneficary will not receive the gifts... View More
answered on Jul 22, 2023
The timing of probate would not be relevant unless there is something in the Will that would make it relevant. If the beneficiary was living at the time of death of the Testator and survived for any survival period required by the Will, the beneficiary would be entitled to the bequest. If the... View More
My dad was executor of my great Aunts estate. He passed away about a year after her. I was looking on unclaimed property for PA and came across something for my Aunt. I was my father's only child and he was never married so beings that I am the surviving heir, how would I go about claiming the... View More
answered on Jun 2, 2023
Someone, probably you, if you are your aunt’s sole heir, would have to be appointed as a “successor executor” of her estate. The correct title is actually “Administrator dbncta,” but it is just a successor. In that capacity the successor would file a claim for unclaimed property.
) live in the home also?
answered on Jan 16, 2023
Sure, so long as you both agree and you annd your boyfriend are the sole owners of the property.
I’m trying to learn about Jurisdiction and Venue . If you could help me that would be great. Thank you
answered on Jul 25, 2022
State courts in Pennsylvania are located in the county seat of a county.
“Jurisdiction” pertains to the power of a particular court to exercise control over a particular defendant. Ordinarily, the first question is whether a defendant resides in the same county where suit has been... View More
I am the only child of their only child and they have no siblings left alive. My father who was their only child died 20 years ago. They had no will.
answered on May 19, 2022
Your question is not specific enough to answer. What are “death benefits?” Is this life insurance, real estate, etc.?
As a general proposition, a portion of estate assets would ordinarily go from one grandparent to the other and a portion would have gone to your dad, unless your... View 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... View More
answered on Mar 13, 2022
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... View More
We are told there can only be 2 executors. The 4 of us want to co-execute his assets so that they are handled properly and fairly. Please advise.
answered on Jan 21, 2022
Where there is no Will, the fiduciaries are “Administrators.” “Executors”
exist only where there is a Will. As a practical matter, there is no difference between “Administrators” and “Executors.”
If your grandfather had other children who are living, they would... View More
The buyer is an investor and is paying cash.
answered on Jan 19, 2022
You would have to meet with a lawyer so that the lawyer can review your agreement and discuss the facts of the transaction with you.
I recieved a letter from car insurance saying they closed my claim. I am still under doctor care. I dont understand why my uninsured/underinsured doesnt cover.
answered on Jan 6, 2022
Your medical bills would be covered first by the medical coverage under your automobile policy, and thereafter by your health insurance. You may have exhausted your medical benefits under your auto policy. If so, your medical provider will need a copy of that exhaustion letter.
An... View More
Excepting and reserving therefrom all that certain piece or parcel of land set forth in a deed from the grantors herein to John smith which premises are a portion of within described premises and are described in a map referenced in the deed from Mr Jones to John Smith
answered on Sep 20, 2021
No, it is not an easement.
The original parcel contained some land which was conveyed to John Smith. The deed that you are asking about conveyed everything else except for the part conveyed to John Smith.
Rather than have the land re-surveyed and new legal descriptions prepared,... View More
I have reached out multiple times to the leasing office, but they have not helped. It's becoming unlivable for me - giving me a constant headache - and the smell is seeping into my furniture and clothes. What can I do?
answered on Jul 15, 2021
Your best bet is probably to move at the end of your lease. If your lease goes for an extended period, see if the landlord will allow you to leave early without a penalty.
Do I have to probate the will, and how do I transfer the deed to myself? Thank You, Anne Marie Ball
answered on Jul 9, 2021
You need to contact a lawyer to help you. In short, the Will needs to be probated and an estate opened. You, as Executrix, would then execute a deed, unless the property is already in the Trust. As indicated, you need to meet with a lawyer to review everything.
My father and mother can no longer taker care of it and want to transfer the deed to my siblings and self, can this be done if they are still living? We are looking to sell this property after transfer of deed. Will we encounter any other legal issues with this?
answered on May 26, 2021
They can certainly transfer the property to family members. If they can’t care for themselves, a Power of Attorney would probably be advised so that you and siblings could act directly on their behalf.
You should engage a lawyer in Puerto Rico familiar with real estate and estate... View More
How can I sell the house I was forced to leave in Dallas, Texas and /or get my x, who is still living in the house, to sign a rental contract so I am not forced to pay the mortgage for the house? He claims there is already a tenant / landlord contract signed. I don't remember signing one.... View More
answered on May 10, 2021
Although you need to speak with a Texas lawyer, as a general proposition, if you are the sole person on the deed, you have the right to sell it. However, if there is, in fact, a written lease, any sale would have to honor the terms of that lease. Therefore, as a practical matter, you better find... View More
My father in law died in Oct. He owned a home had a life insurance policy and a union pension. He had no will in PA. We are having trouble getting information about the policy, deed for the home, actually ever thing we try is an issue we only have a death certificate. Need probate I believe but not... View More
Right to sell the property immediately?
answered on Feb 3, 2021
The first question is whether you are a "joint tenant" on the deed, that has a right of survivorship. If so, the property would pass to you, and you would be able to sell it. However, unless you were married to the deceased, there will be inheritance tax due, and you will need to plan... View More
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