New York, NY asked in Estate Planning, Probate and Landlord - Tenant for Pennsylvania

Q: FIL passed-no will.He let gf live rent-free in house.She also has a car in his name.Can we evict&sell car?he left debt.

my FIL's gf blew through his cashed out life insurance policy, life savings,etc and left nothing to cover funeral costs. He also left thousands in debt to his bank, office landlord, clients and employees. Concerned it will ruin us financially.

2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Landlord Tenant Lawyer
  • Fowlerville, MI

A: Maybe. How was the house titled? What is the difference between the debts owed and the value of the assets? If he owes more than he owned, let the creditors fight over the assets and evict the girlfriend. If there are more assets than debts and you stand to gain financially, you need to decide if it is worth the 'hassle' to administer the estate. YOUR assets can't be touched by the creditors, but your time and effort is worth something too ....

I'd STRONGLY urge you to consult with a local probate attorney in the area where dad lived to determine what you can do and whether or not it makes sense for you to take action. Good luck!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Michael Cherewka
Michael Cherewka
Answered
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: You will need to engage, or at least meet with , an attorney familiar with PA estate administration. You may want to evaluate the amount of the assets left and the amount of debt before you get involved in an administration. PA has a statute that addresses administrative expenses and payment of creditors for insolvent estates. You would have no personal liability, but this could be very time consuming.

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