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Questions Answered by Michael J Girardi

1 Answer | Asked in Estate Planning for Pennsylvania on

Q: if my name is mentioned in my grandpas will, how do i go about collecting my distribution ?

my grandpa just recently died 2months ago, he was a military vet, and my fathers name was mentioned in the will as well but he shortly died after my grandpa and i was wondering will i be able to collect that as well? and how do i go about receiving my distribution, because i live out of state???

Michael J Girardi answered on Jan 7, 2015

I am sorry about the loss of your grandpa and your father. If you are named as a beneficiary in your grandpa's Will, you will eventually receive your distribution (assuming there are sufficient funds in the estate) from the executor of his estate. This may take awhile, as the process of... Read more »

1 Answer | Asked in Estate Planning for Pennsylvania on

Q: I owe $130,000 on my mortgage. If I die, can my sons (named in my will as inheriting my estate) pay off the mortgage an

I have over $250,000 in my 401K they will inherit as well as insurance of approximately $100,000

Michael J Girardi answered on Jan 7, 2015

Your question was cut off, so I will only state a few generalities regarding real estate and mortgages. In your Will, you can leave the property to your sons. If your estate is large enough, funds from your estate can be used to pay off the mortgage before it transfers to your sons, and in your... Read more »

1 Answer | Asked in Estate Planning for Pennsylvania on

Q: a lawyer is holding my parents will and the want to take it out of his hands and do another will how can this be done?

they want to do another will without this lawyer involved. If they do another will, will this one become void?

Michael J Girardi answered on Jan 7, 2015

The typical practice is to expressly revoke all prior Wills whenever a new Will is made.

1 Answer | Asked in Estate Planning for Pennsylvania on

Q: My friend just died. She has been estranged from her husband for ten years. They are not legally divorced. Her will s

Will states ALL goes to her 19yearold son. Husbands name is not on any asset or insurance documents. Sharon owns everything alone. Executor of estate will hire a lawyer because will was done without lawyer. Is there Anya way that estranged husband can get part of her estate?

Michael J Girardi answered on Jan 6, 2015

Typically, under Pennsylvania law, a spouse that is left out of a will has the right to elect against the will. In doing so, the surviving spouse would receive an amount roughly equal to one-third of the property. Thus, its difficult to disinherit a spouse. However, under Pennsylvania law, a spouse... Read more »

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