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
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
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
A beneficiary was named in a Pennsylvania will. The will went to probate in PA courts, but the beneficary died before the probate and any gifts were distributed. It had been over 1 year and 6 mts since Probate started. The executor is stating that the beneficary will not receive the gifts... View More
answered on Jul 22, 2023
The timing of probate would not be relevant unless there is something in the Will that would make it relevant. If the beneficiary was living at the time of death of the Testator and survived for any survival period required by the Will, the beneficiary would be entitled to the bequest. If the... View More
I am the executrix of my father's estate in PA but I live in VA. I was just informed by the title company handling the closing on his house that proceeds cannot be deposted into my personal account, only to an estate account. I am trying to find out if I have to open the estate account in PA... View More
answered on Jun 28, 2023
If you are probating your Father's Estate, then you will have an Estate Bank Account. If no account, then you are not doing your job. But the title co. does not control how you administer the Estate. You may wish to use an attorney or another title co. to execute the sale. At least... View More
He required round the clock nursing care so was in a nursing home. My sister had POA and we had to liquidate his assets to pay medical bills. One investment firm, Putnam, refused to recognize the POA while he lived, and even though our father passed in 2009, they still hold onto this one remaining... View More
answered on Jun 4, 2023
I agree with the prior answer by counsel, with a caveats.
When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of... View More
My dad was executor of my great Aunts estate. He passed away about a year after her. I was looking on unclaimed property for PA and came across something for my Aunt. I was my father's only child and he was never married so beings that I am the surviving heir, how would I go about claiming the... View More
answered on Jun 2, 2023
Someone, probably you, if you are your aunt’s sole heir, would have to be appointed as a “successor executor” of her estate. The correct title is actually “Administrator dbncta,” but it is just a successor. In that capacity the successor would file a claim for unclaimed property.
answered on Jun 1, 2023
The simple answer to your simple question is "No". A quitclaim deed merely transfers whatever interests the grantor has in the realty, not the personalty.
The more difficult question, perhaps, is what all is realty and what is not?
In PA, generally speaking, items so... View More
my brother filed Chapter 13 bankruptcy. The bankruptcy was dismissed in 2020 due to lack of payment and unfiled paperwork. It appears from the bankruptcy paperwork he did file that he did not mention the inheritance (possibly because he didn’t know what the final amount would be). It’s now... View More
answered on May 15, 2023
As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).
For that reason, I recommend that you proceed to... View More
My mortgage is paid and I am without any debt.
I do not want any government interference.
answered on May 6, 2023
Your outcome rests largely with the type of trust you choose. If you retain powers over it, e.g., to terminate it, name a trustee, amend it, etc., whatever you place in the trust will most probably be includable in your Estate. If you divorce yourself from a long-term trust, no retained powers,... View More
Months and all the assets are paper. All taxes have been paid to government and state of penn. i live in Delaware father in penn.
answered on May 5, 2023
If the Trustee ( Execeutor?) is not sharing information with you, you may need to engage your own attorney for Beneficiary Representation to obtain the accounting and release of funds (if that is appropriate). Much may depend on whether your father had a Trust, and this is a Trust Admininstration,... View More
The decedent died and taxes were paid some time ago, but we are still waiting for the proceeds from the class action. I know it won’t be much at all. Even if it’s a couple dollars, would we have to reopen and amend the inheritance tax that has already been paid?
answered on Apr 19, 2023
Every asset to which the decedent/Estate is entitled, or outright owns, must be valued and included in the Estate for purposes of taxation and distribution.
An expected benefit from a class action suit, if the decedent was but one of a large class, will probably be disappointing. In my... View More
Sole member of small PA LLC has died. Operating agreement dissolves the LLC upon member death. Personal Rep wants to wind up and terminate the LLC. Personal Rep has letters testamentary. What PA Dept of State forms (filing of certificates), or processes, are required to authorize Per Rep to wind... View More
answered on Apr 18, 2023
The Personal Rep has the authority to wrap up the LLC as you describe it. There is a Dissolution process in PA for ending an LLC, which includes collecting all revenues and accounts receivable, paying all costs and debts of the business, getting tax clearances from the Department of Revenue, and... View More
My mom died intestate with a mortgaged home the lender sold portfolio of mortgages and in paperwork it showed owners death certificate but didn't show any documents of the 3 heirs so now the new mortgage co. Is trustee and said they need our birth cert. And signed quit claim deeds from the 3... View More
answered on Apr 1, 2023
You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... View More
If a house is transfer from my father to my father and sibling as joint tenants with rights of survivorship, does a will giving the house to myself and my other siblings become void? Even if done at the same time or after the deed? Does she automatically get the house no matter what the will says... View More
answered on Mar 22, 2023
A Will, once admitted to probate, and surviving any challenges to validity, distributes assets, and pays debts, existing as of the date of death.
If, prior to death, the testator transfers property to others, then that transfer, assuming it is not invalid, diminishes what is owned at death.... View More
I know a provision in the Will can request an SNT for the benefit of a disabled child. Are SNTs created and/or funded after the death of the grantor(s)? It’s my understanding that one should not leave assets directly to a disabled child, so they don’t lose their government benefits. If a trust... View More
answered on Mar 19, 2023
a Special Needs Trust can be created either in a Will, in which case it is not funded until the death of the Grantor, or can be created during the lifetime of the Grantor, in which case it is usually funded (at least partially) when created, and additional funds can be added during the lifetime of... View More
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