Get free answers to your Probate legal questions from lawyers in your area.
I am a surplus recovery agent based in Cleveland and am seeking to hire an attorney immediately to assist the only remaining heir in recovering excess surplus after a mortgage foreclosure in Allegheny County. Are there any attorneys available for this type of work?
My mother was transferred to a therapy rehab after a hospital stay and had medical health insurance that was valid until after her passing. The rehab applied for Medicaid for long-term care, and I signed an "Estimated Patient Liability Form," which involves a monthly payment to the... View More 
I was the caregiver for my father and received payments through a care agency, which deposited my pay into my parents' bank account. My father passed away on May 31, 2022, followed by my mother on July 19, 2022. My last paycheck was deposited in May 2022, and I discovered it after the estate... View More
I am a co-executor and beneficiary of my mother's estate, sharing these responsibilities with my sibling who has narcissistic personality disorder and is an alcoholic. After my mother passed away, I requested the Family Exemption of $3,500 due to upcoming bills and was told by the attorney... View More
I am facing a real estate issue involving my late mother's property in Yeadon, PA, which is jointly in her name and my estranged father's name. They never officially divorced, but he left the house in the early 90s. As the executor, my brothers and I wish to sell the house, for which I... View More
My elderly neighbor lived with her boyfriend in his home in Pennsylvania for six years. After he recently passed away, leaving his name as the only one on the mortgage, his children, serving as the executors of the estate, gave her an informal eviction notice despite the will stating she can remain... View More
In January, my neighbor in Philadelphia passed away. He created a new will through legal aid with someone named Roseanne, but I don't know its contents, and the person currently living in his house is not someone he would have likely left it to. This individual is selling the belongings. I... View More
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answered on Mar 5, 2025
Contact the Probate Court and ask if there is an administration filed. But you have no standing to do anything. You might want to talk to Decedent's family members.
My husband believes he doesn't need a will since he assumes I, as his wife, will automatically inherit everything. I think he should have a will. He has no legal documents regarding his assets, which are only in his name, and he wishes for me to inherit everything after his passing. He has... View More
answered on Feb 28, 2025
The short answer is for assets that are owned solely by your husband you do NOT inherit all of his assets when he dies. In fact, since the children are not from your marriage, you would most likely inherit only one-half (1/2) of his assets and the other half would go to his children.
if... View More
I am concerned about a situation where the same bank teller named themselves as the beneficiary of an alcoholic's IRA and managed to make withdrawals when the individual was intoxicated and legally married. The individual has now passed away, leaving notes that are difficult to interpret.... View More
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answered on Feb 23, 2025
You might start by the Next of Kin calling the local LEOs in PA. Apparently proof may be difficult. The surviving Spouse should at least make the complaint. A civil suit for conversion and fraud will be difficult, but discovery might show how the teller accessed the monies without authority.... View More
No Medicaid involved; proceeeds are in a joint savings account.
answered on Feb 7, 2025
Based on your summary there would be no probate ()assuming that mother had no other assets in her name).
The 1 year lookback you appear to be referring to is for PA Inheritance Tax purposes. If the house was sold to an unrelated 3rd party then the house is not included in tehe Estate... View More
The 403b is a traditional 403b that my aunt left me as the sole beneficiary. I plan on taking drawdowns over the 10 year time frame. I understand I will have to pay income tax each year, but am I required to reimburse the estate the 15% inheritance tax? It is considered a non-probate asset.
answered on Dec 22, 2024
You seem to be a well-informed person.
You give short shrift to underlying, probably important, facts, however.
For instance, does the aunt's Will pass the 403b interest to you?
Such obligations are usually contractual, between the decedent and the purchaser (aunt?),... View More
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answered on Dec 3, 2024
If you have inherited those policies such that you are now the owners, and if they have cash value, you probably can cash them out for their cash values. But cash values are sometimes far less than the death benefit so that might not be the smartest move from a financial planning point of view,... View More
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
There’s a deed owned by 2 brothers in Reading, and one is deceased. The heir wants to put his name in place of his fathers.
answered on Sep 24, 2024
If the current two-brother deed is held as joint tenants with right of survivorship, the filing of a Certificate of Death of one brother with Registrar of Deeds should give surviving brother a clean (and insurable) right to the whole of the property. At that point, the sole owner (surviving... 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.
Original praecipe for summons was attached, Dated Nov 7, 2023. So far no complaint has been filed. Should I file a praecipe and rule to file? I feel this is harassment from my deceased father's estranged wife. My father passed away 3 years ago, and the will has gone through probate, and... View More
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answered on Jun 21, 2024
Based on the information provided, here's my analysis and advice:
1. Timeline:
- Original praecipe for summons: November 7, 2023
- Reissue of writ of summons: June 10, 2024 (served on June 20, 2024)
- No complaint filed yet
2. Legal situation:
-... View More
They are requesting I get a court order for guardianship of a minors estate. Can I do this myself or do I need to contact a lawyer? What should my next steps be?
answered on May 22, 2024
My experience with insurance companies is that 1) they usually hope to delay payments out as long as possible, though they demand immediate payment of premiums, and 2) the quickest way to get payment if for a beneficiary to give them what they want (they have armies of lawyers on the payroll.... 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
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