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Investment worth around a hundred thousand or so. At the reading of the will the sister who was P.O.A and also executor of his will jumped up and said "I am the beneficiary of that" the lawyer tried to explain that Pap wanted the money split 3 ways but she kept saying, I am the... View More 
answered on Mar 15, 2021
... hello ...
... yes she can ... although your father may have wanted it split, a beneficiary designation overrides the Will ...
... good luck ...
... John ...
I am joint owner of the bank account and will be the estate executor and now have no money to pay for funeral.
Edit: The Joint checking account and credit card are both with the credit union. I am not a cosigner on credit card. My mother passed away last week and upon notification of her... View More
answered on Jan 6, 2021
... hello ...
... could you kindly elaborate on your concern? ... I am not quite sure what you are asking ...
... John
Additionally, spouse is beneficiary of an annuity in decedent's name. Am I correct that it seems that there is no estate to pay debts?
answered on Jul 26, 2020
... hello ...
... from the information you provided, the answer would be yes - there are no funds to pay debts ...
... good luck ...
John
in the state of Pennsylvania my step dad should be intitled to her estate they have been together for 25 years
state law common law before'05
state law states section code 1103
were just trying to see how to go about it without going to court . and the children giving... View More
answered on May 19, 2020
... Hello ...
... You are correct in all of your statements ... However, I would consult an experience Probate and Estates attorney to review your options ...
... proving Common Law Marriage is very fact specific and establishing it is difficult - especially without going to court... View More
My brother says since he shared a joint account with my mother when she passed he is not legally obligated to split the estate and inheritance. And all her money belongs to him. She had no Will from what I understand which means her estate should have gone through the probate process.
I... View More
answered on May 2, 2020
... hello ...
... your question depends on a few other questions that we’ll need the answer to in order to give you the best answer ...
... please feel free to email me ...
John
I have never received an inventory or accounting and inheritance tax filed. Many items removed by sister without informing me. Would Title 20 chapter 33 subpart a apply to get information.
answered on Feb 13, 2020
... hello ...
... yes (among other items) ...
... she has an absolute duty to explain and disclose everything to you ...
... I would consult an experienced probate and estates attorney if she has not done so ...
... John ...
Contacted the attorney for the estate and he does not respond.
answered on Feb 12, 2020
... hello ...
... I am very familiar with that statute but I don’t have the beginning of your question ...
... I would be more than happy to assist you ...
John
He has cash in escrow, debtors to pay and a property to sell or settle with beneficiaries.
answered on Jan 24, 2020
... hello ...
... my sincerest condolences about your situation ...
... however - remember that lawyers work for you and you are absolutely free to fire him/her and retain another one ...
... hope I have helped ...
... let me know if I can assist further ...
... John ...
answered on Oct 24, 2019
... hello ...
... most estates in Pennsylvania take approximately two years to settle ...
... however - without knowing the facts of this estate - this answer could change ...
... there really isn’t an easy answer for this ...
... John ...
I live in California, my mom passed in Pennsylvania. My mom passed away in 2010 and her boyfriend at the time was trying to get me and my sister to sign over all of my moms assets to him so that he can take care of my half brother and sister At the time I was very young, me and my sister ended up... View More
answered on Aug 16, 2019
... hello ...
... go to the Register of Wills where the Estate was probated ...
... it will probably be archived but they will be able to help you ...
... you may have waited to long to do anything, but good luck ...
John
My guardian passed away in 2010. I never knew or saw a will, and I was yet a young child. Now, I was cleaning out my home and I found the will. I was supposed to get half the house, half the car, half the funds, everything. I received nothing. I'm now 23 and found out my biological... View More
answered on Jun 29, 2019
... Hello ...
... Visit the Register of Wills in Philadelphia and ask to see the file ... It will give you a plethora of information - and you can start from there ...
... Once you have that information, I would suggest you consult with an experience probate and estates attorney to... View More
The POA document has general language giving authority to buy, sell and lease real estate.
answered on Jun 5, 2019
... Hello ...
... No - but it's always safe to do so ... Even if it is at fair market value, the Agent will always be viewed as self-dealing ...
... good luck ...
... John ...
Should we try to find an estate lawyer registered in both states? How do we do that?
answered on Mar 30, 2019
... Hello ...
... You won't need 2 attorneys ... The main focus should be an attorney well versed in the laws of the state where your mother resides (Pennsylvania) ... That attorney will know how to handle items owned by your mother outside of Pennsylvania ...
... Good luck ...
... John ...
Is it OK that my will mentions this trust but I decided not to do it. There was no way to take it out. According to them it automatically does it and they told me to check with my state to see if it matters that it says there is one and I don't have one.
answered on Mar 12, 2019
... Hello ...
... please please please do not listen to Suzy Orman ... She is based in California, cites California law, and is not an attorney ...
... Estate and Wills law is state specific ...
... Please ensure your Will is proper under Pennsylvania law ...
...... View More
answered on May 28, 2018
... hello ...
I believe you are referencing Rev-1500, the Pennsylvania Inheritance Tax Return ... they are funds that are paid from the Estate to the applicable person ...
... Good luck ...
John
John B, Whalen, Jr., J.D., LL.M. is an AV Peer Review Rated Preeminent... View More
Decedent's estate will be probated by an Orphans Court judge as I did not sign the R & R form. I saw an attorney as an initial meeting and he pointed out on the PA Inheritance Return that the executor did not check the box on the form showing that $14,000 gift checks were given by the... View More
answered on Mar 24, 2018
... Hello ...
... Many problems can come from this ... It was signed incorrectly (I hesitate to use the word "fraudulently" because honest mistakes happen ... But many questions come from this also ... Why didn't you sign the R&R form? ... Were the transfers listed on the... View More
If putting sons name on deed does not avoid inheritance tax what needs to be done to avoid the inheritance tax?
answered on Feb 28, 2018
... hello ...
... you cannot avoid the Pennsylvania Inheritance Tax (which is only 4.5% to children), without creating bigger problems elsewhere ...
... I would consult with an experienced Probate Estates Attorney with a Tax background ...
... good luck ...
John
My parents didn’t get along but remained married. I was told my mom went to settle but didn’t becuase my Dad left most of money to my kids.My father passed in 2014 and I just wanna know how I find out. Not a fan of disputes but it’s a nice sum of money and just sitting. My sister Ibelieve... View More
answered on Jan 14, 2018
Hello ...
My condolences ... You're best first step is to check with the Register of Wills in the County where your father passed away ... That information is public knowledge ... The people at the Register of Wills are very helpful and can answer most of your non-legal questions (they... View More
I am to get house & nothing else. I want to claim family exemption, to keep some furniture, dishes, pans etc.. The rest is to be divided among 3 siblings. My brother (executor) says this is attacking the will & mom's wishes. Therefore, I receive nothing. Is this possible? PLEASE HELP
answered on Oct 19, 2017
... hello ...
... no - not at all (and whoever is telling you this is - your brother - should not be doing so) ... further - you can claim the Family Exemption in cash ($3,500.00) and also retain some of the personal property as part of your 1/4 residual share ...
... if you need... View More
My wife's father passed away when she was 19. In his will, he left money to his daughters and his wife. My stepmother guilted my wife into not taking any money because she said she needed the money to live on. My wife passed away at 49. Can I fight this in court and am I entitled to any of... View More
answered on Oct 18, 2017
... hello ...
... no ... in addition to the legal obstacles your have to overcome (which I can only hazard a guess), 30 years is just too long a time period to wait ...
... you could discuss this with another probate and estates attorney, but I am sure you would get the same answer... View More
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