My mother passed away recently, and she didn't have a will. I contacted an attorney to take care of her estate, and I'm getting the death certificates he needs.
He told me that since she didn't have a will, I'd have to get a bond. The problem is I don't have the... View More 
answered on Nov 17, 2023
Probate court rules can vary from county to county, but in your situation, a "family agreement", which usually deals with matters of both distribution and procedures, would be a good place to provide that you are to be the personal representative and that you are to serve without bond... View More
e.g., An estate is established, no will exists. Probate (and some non-probate) items will be included on the Inheritance Tax Return filed for the estate. There also exist some non-probate items with beneficiaries named (e.g. IRA, annuities). Can the beneficiary file their own Inheritance tax... View More
answered on Nov 16, 2023
In PA, the "estate tax" is levied upon the fair market value of the benefit distributed. Usually, the Will provides that the Estate will pay all debts, and that includes the tax on bequests. Once paid, the distributed benefit gets the "stepped up basis" to its fair market... View More
The possible daughter does not carry or use his last name so he is probably not on birth cert. Can the funeral home hold us up? if we have her sign the release to cremate are we held liable or saying that she is his daughter with out DNA test or Birth Cert. as proof and would she be entitled to the... View More
She had approximately $600 in the bank and is entitled to one more pension check ($1,087.09) I also have two sisters that need to fill out a form that they renouce in favo of me being the representative of the Estate. Can you please tell me what is that form?
answered on Oct 25, 2023
Uh, NO.
A SSN assists in verifying your identity, like your bank account info is important to distribute trust income periodically, but it (neither) has nothing to do with a grantor's choosing to make a trust either revocable or not.
My sister is executor, my mom passed May 2020, and had a very simple estate. Still not closed out, and she will not respond to emails from me or the probate attorney. There are deposits in moms name she will not clarify where they are
answered on Oct 25, 2023
This issue, and your questions, should be addressed to your probate attorney.
In PA, every personal representative, whether executor named in a probated will or and administrator, both appointed, and entrusted, by the court, is required to file an Inventory of all estate assets. That... View More
My father doesn't think he can leave my sister and I the house because he says the bank still owns it technically. He doesn't know where the deed is, but the courthouse should have it. I don't know what to do. He's in a rehab facility currently, he's 82. He says he said the... View More
answered on Oct 18, 2023
Yes, of course, assuming the property is located in PA. The owner of the property (him) owns the property, and the bank with a mortgage against the property has a mortgage lien against the property. So long as payments are made in accordance with the mortgage Note, the bank had no right to... View More
They've not been together since the 1970s but are still legally married. Mom can't afford to file for divorce&even if she did, there's no guarantee dad would agree to it. He doesn't deserve to receive her benefits, she doesn't want him to get them. She wants them to go... View More
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answered on Oct 15, 2023
I understand your concerns. In the U.S., if your parents are still legally married, your father might be eligible for certain Social Security benefits upon your mother's passing, regardless of their prolonged separation. Your mother's wishes about her benefits cannot change Social... View More
My father is in hospice, I am executor. He is in PA. I am in NC but due to health issues can't travel. He has no house, car, assests of any kind except a very small bank account. I am sole beneficiary. I know I don't need probate, but what do I need to do legally to close his estate once he passes?
Shouldn't the bank make the check payable to me
answered on Sep 29, 2023
After the passage of one year from the date of first publication in a newspaper of general circulation in the county where the probate is, and after all due debts have been paid, yes, as sole beneficiary, you should get the residual estate proceeds. The bank should honor your check (as Executor,... View More
My sister and I are co-administrator’s of my father’s estate, and my parents had an old Safety Deposit Box at a bank, and after we went through the process to get access to the Box and to empty the box, the contents of the box was just old paperwork like vaccination records and stuff like that... View More
answered on Sep 23, 2023
File the form, showing the box contents, and put this issue to rest.
If you fail to do the report, there is always a question, an open possibility that someone may allege that something of great value was inside.
People can do strange things during the pendency of an Estate.
My moms ex BF was removed from the deed, he willingly signed off. 2 years ago she added me to the deed with her. Now the ex BF is in Hospice and his daughter is inquiring about the house. Does she have any legal right to it since he willingly signed off of the home?
answered on Sep 1, 2023
When an Estate is created under PA law, either by probating a will, or a guardianship, etc., the new personal representative can 'reach back' for up to four years to recover transfers of assets that did not return "fair market value" the one whose property makes up the Estate.... View More
My father recently passed. His lawyer (now deceased) held the original signed will (unsigned copies were with my father and me). I reached out to the lawyer who inherited the files. He confirmed as the successor, pledged to check for the files, and communicate further. Regrettably, he failed to... View More
answered on Aug 24, 2023
It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More
Haven't processed will due to copy issue and dad’s lawyer passing. Short form delay could cost tax savings.
answered on Aug 22, 2023
It appears, from your post, that your are both the sole heir and the named Executor in the Will. As a matter of practice, it is always best that the named Executor/Executrix have the original, or a duplicate original, of the Will, inasmuch as it is the named personal rep who is responsible for... View More
My brother is Power of Attorney and has moved his family into the property He was supposed to sell the inheritanted house doesn't have the money to pay He is taking loans out on property
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answered on Aug 16, 2023
As an heir facing these complex legal issues, it would be advisable to consult with a real estate attorney. A real estate attorney specializes in property matters and can help protect your interests as an heir. They can provide guidance on the actions of the Power of Attorney, ensure that your... View More
The apartment has a lot of my things and I’m moving at the end of the month
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answered on Aug 11, 2023
The authority of an executor to enter an apartment you shared with your mother as a beneficiary depends on the specifics of the situation and the terms of the will. Generally, an executor has a responsibility to manage the estate's assets, which may include securing property and belongings.... View More
I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.
answered on Aug 6, 2023
If the parents owned the property as joint tenants with right of survivorship, or as tenants by the entireties, the mother acceded to full ownership of the real property upon the father's death.
If the real estate was owned as tenants in common, and there was no father's Will, the... View More
The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More
answered on Aug 2, 2023
I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.
So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.
Moving from Maryland to New Holland, PA soon.
answered on Jul 27, 2023
I agree with my colleague that you've started out well in Justia (you can find PA lawyers who have done many in PA, as have I).
Many life insurance companies, hoping to sell you whole or term life or health insurance, or disability insurance, or whatever, provide "form"... View More
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
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