Get free answers to your Estate Planning legal questions from lawyers in your area.
The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok
answered on Oct 11, 2024
Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More 
I’m from the Philippines. Our biological aunt left us an inheritance, but our eldest sister, who lives in Bedford, PA, has refused to communicate with us despite our efforts. This has stalled our ability to execute an Extra Judicial Settlement, as she won’t sign a Special Power of Attorney... View More
guardian his friend & a trustee ..do I as the wife get money to raise the child and take care of myself?
answered on Sep 7, 2024
Child support, in money, generally ceases upon death of the payor.
You can elect to take against the Will, however, your question offers no values to support a recommendation.
Confer with an experienced PA lawyer, armed with your full facts. to get your best recommendation.
I wasn't there at the time they met. I arrived after everything was over. I was never consulted. I am opposed to what was agreed to. What are my options?
answered on Sep 5, 2024
Your lawyer is only your representative, and cannot bind you to anything with which you do not agree.
Get a full explanation of what happened, and after that, explain your position. If counsel balks at your position, you have an absolute right to terminate that attorney and engage another... View More
answered on Aug 26, 2024
While you fail to say so. I have to assume, from your question, that your litigation involves the trustee's Power of Attorney. If so, it is highly likely that the Court would approve any reasonable settlement stipulation of the litigants, and that would extend to POA provisions,... View More
Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More
answered on Sep 7, 2024
To do the things you want (you do not state the amount involved), you can initiate a probate (to pay estate bills, and PA tax on distributions to you is five percent) if there was a Will, or an Administration if there was no Will.
I've represented financial institutions for decades,... View More
I asked for estate planning lawyer and legal records and all I got was a painting dropped off in a war zone. What are my options? She owned assets, including house and car; they kept everything a secret and I'm disabled wit SSDI and constantly threatened by their friends.
answered on Sep 2, 2024
If there was a Will, it probably should be submitted to the probate court (you don't mention a Will, or whether the property was in your mom's name alone, or some other way).
If probated, the personal representative named in it would probably be appointed by the Court.... View More
My father passed away 4 months ago in PR. My 3 brothers and myself live on the mainland, however my father's now wife resides on the island. My siblings and I would like to inherit our individual share of the small property, but uncertain how to begin. My father's wife is in the process... View More
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answered on Aug 5, 2024
You will need to hire a PR attorney to represent you all.
If assets in my will shall pass to a minor and I have named a guardian in the will, must the guardian be approved and monitored by the court?
On the other hand, if the assets are passed to a trustee (whom is also named), must the trustee be approved and monitored by the court?
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answered on Jul 24, 2024
If you've named a guardian in your will for a minor beneficiary, the court typically needs to approve this guardian to ensure they are fit to take on the responsibility. The court's approval process involves verifying the guardian's suitability and may include ongoing oversight to... View More
Never thought this would happen, but I found someone and seems the only way they’ll let this Thai woman (Tang) and I to be together is to get married and apply for a spouse visa. I am 61 and have to stay in US and work for 4 more years until son graduates from HS.
Fiancee is… amazing.... View More
answered on May 24, 2024
Assuming your seven IRA account "holders" are reliable and will be around when you pass, under PA law, and the law of all states I know of, wealth will pass by your contracts to your designee adult without having to go through probate or court.
Same with an irrevocable trust... View More
His girlfriend was named beneficiary. Went to lawyer who wanted $5k. She wouldn't pay. My 3 sisters n myself and his church are to evenly divide 50% of his estate but we do not have access to anything. We have never had a good relationship with her. As benefactors, should we be updated on... View More
answered on May 5, 2024
Heirs' rights?
Yes, you actually do have many. The best starting point is duties of an Executrix in PA, which are many, but the overriding drive is that every personal representative of a probate estate is to maximize the value of the Estate for the benefit of creditors and the heirs,... View More
Two years before he passed, he and my grandmother filed wills in France giving each portion of the apartment to me (apartment). How does this get handled in the US and in France?
answered on May 5, 2024
According to French law, there are two forms of inheritance acceptance:
acceptance of inheritance in a simple form (complete);
acceptance of the inheritance with the condition of drawing up an inventory.
Full acceptance of the inheritance can be carried out explicitly, by... View More
I have to sell my father‘s house due to the amount of debt he accumulated over the years. She hasn’t been keeping up with the mortgage payment, which is now three months behind. Can I sell my father‘s house while behind on payments? Do I need to give my father’s girlfriend, an eviction... View More
answered on Mar 2, 2024
Who is on the deed to the residence? Look at the most recent deed of record, the chain of title. Life estates? You can have a title search done for both ownership and all liens, and you should do that, as the personal rep of the Estate. If the Estate has a lawyer, that probate lawyer will know... View More
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answered on Feb 23, 2024
In the absence of a designated beneficiary form for a 401(k) plan, the distribution of the funds will typically follow the plan's default provisions and legal regulations. Generally, the spouse of the deceased individual is considered the primary beneficiary by default in many cases,... View More
answered on Feb 6, 2024
Pursuant to New Jersey statutory law, S.A, 3B:3-2B, a holographic Will, e.g., one handwritten by the decedent, even unsigned (the handwriting of the decedent of the context of the Will may be good enough), can be admitted to probate in NJ, regardless of the location of its drafting. But there are... View More
After my fiancee was killed ($250,000 wrongful death payout cannot currently be accounted for), his brother used loopholes to take all of my family's assets, sabotage a CPS case, and then have my (1 and 3 year old babies) placed in his custody. Vehicles he sued me out of led to lost... View More
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answered on Feb 5, 2024
In Pennsylvania, there are very many judicial tricks one can pull to deprive a loved one of money, property and family. Using certain words that trigger judicial reaction based on a policy or an assumption about the public will work wonders. The simple act of filing petitions and not serving the... View More
Sister in law is executor of will, mother died in 2017, will not settled yet. Worried about paying property taxes, school taxes, home repairs with 50/50 split, etc. Part of estate includes land rented to farmer so money comes in to estate now. Worried sister in law will not provide information... View More
answered on Jan 29, 2024
You (and your wife) need legal documents (including a Deed) to close the Estate and make sure all Inheritance Taxes were paid so you end up with clear title to the property. You should also have an agreement between your wife and your sister- in- law to manage the property. Your wife and sister-... View More
My mother passed away in October. I've been working with an attorney to settle her estate: me and the other heir's signed renunciation papers. I live in another state, and the others are unable to settle the estate.
answered on Jan 27, 2024
Admitting a Will and having a named personal representative (Executor/Executrix) appointed is a pretty simple matter, in most cases, although a personal appearance by the personal representative at the Probate Clerk's office is usually required, to be sworn in.
That can happen where... View More
She is recently under hospice care. I am the soul beneficiary. There’s a lot involved. She’s afraid if we wait until her death I won’t have access and she doesn’t have a legal id to add me to her account.
answered on Jan 12, 2024
We've been representing financial institutions for over two decades.
"Legal id"?
You aunt's financial institution most certainly has her signature card for her deposit account, and that's all that one needs to add another adult to her account, on a simple... View More
My mom and dad bought the house in the early 70's for about $35,000. The house is now likely worth over $400,000. My dad is deceased, and my mom is 82 and relatively healthy. There are 3 kids, and we want to know if we should do something now to protect against heavy capital gains taxes... View More
answered on Dec 18, 2023
The PA "death tax" on an Estate, when the heirs are the children of the deceased, is like five percent of the fair market value of what's distributed. No heavy tax.
The Federal 'unified tax and estate' tax has a deductible of several million, so you needn't... View More
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