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Pennsylvania Probate Questions & Answers
0 Answers | Asked in Landlord - Tenant, Probate, Personal Injury and Gov & Administrative Law for Pennsylvania on
Q: Does a girlfriend have tenant rights if the will allows her to stay but executors deny access?

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

1 Answer | Asked in Probate and Real Estate Law for Pennsylvania on
Q: How to verify a will's filing and address unauthorized occupancy in PA?

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Probate and Family Law for Pennsylvania on
Q: Does my husband need a will for me to inherit everything?

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

Michael Cherewka
Michael Cherewka
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...
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1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Probate for Pennsylvania on
Q: Bank teller named as beneficiary and withdrew funds

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

Anthony M. Avery
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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

0 Answers | Asked in Estate Planning, Probate and Tax Law for Pennsylvania on
Q: Can uncle disclaim inheritance for my dad's estate in PA?

My grandmother passed away in December 2018, with her estate willed 50/50 to my uncle and father. My father died in a fire in May 2019. We've been trying to settle the estate through my father's attorney, who stopped returning our calls. My uncle hired an attorney and reopened my... View More

0 Answers | Asked in Probate and Estate Planning for Pennsylvania on
Q: Is my niece a beneficiary in PA intestate succession?

My father recently passed away in Pennsylvania without a will. I have three siblings, including my deceased sister who had only one child, my niece. My mother was alive when my sister passed but has since also passed. Can my niece be considered a beneficiary of my father's estate despite the... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: My mother’s home was sold 7 months prior to her passing. Do we have to go through probate because it was <1 year?

No Medicaid involved; proceeeds are in a joint savings account.

Michael Cherewka
Michael Cherewka
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...
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2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: I inherited a 403b, do I have to pay the inheritance tax back to the estate?

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.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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?),...
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother recently passed and had $5000 lifeinsurance policies on my sister and me. What happens if we cash out now?
Nina Whitehurst
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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

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Do you have to wait one year to settle estate even if the department of revenue has approved the inheritance tax return.

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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: Hi there! I’m seeking an attorney to change a deed Who in Reading specializes in deeds.?

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.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

2 Answers | Asked in Estate Planning, Banking and Probate for Pennsylvania on
Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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,...
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1 Answer | Asked in Estate Planning, Family Law, Business Law and Probate for Pennsylvania on
Q: My mother passed in July and I wasn't informed by family members.

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.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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....
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: I am seeking an english speaking notary or lawyer in Puerto Rico to help with probate.

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

Anthony M. Avery
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answered on Aug 5, 2024

You will need to hire a PR attorney to represent you all.

1 Answer | Asked in Civil Rights and Probate for Pennsylvania on
Q: I was served yesterday, a Reissue of the writ of summons / Civil, dated 6/10/2024.

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

James L. Arrasmith
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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:

-...
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1 Answer | Asked in Probate for Pennsylvania on
Q: My son’s grandmother passed away July 2023. She had left him $25,000 through a life insurance policy from Prudential.

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?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

1 Answer | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Last Will. I received a copy of my father's will naming his girlfriend as executor. I m a beneficiary. Any rights?

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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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,...
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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: I just became the executor of my father’s estate. He currently owns a home in Pennsylvania with his girlfriend.

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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

1 Answer | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Upon death of a husband and there’s no bcceneficiary form for a 401k plan, does the wife receivethe distribution?
James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Drawing up our own online will for my mother's estate , if I have it notorized in Pennsylvania will it be valid for Nj.?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

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