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Pennsylvania Probate Questions & Answers
1 Answer | Asked in Real Estate Law, Tax Law and Probate for Pennsylvania on
Q: My mother passed away 1992 and owned a house(PA) I did not know about until this year. What can I do?

My cousins have been living in the house since my mothers' sudden death. She left no will.... I have looked up the property and she is shown as sole owner. I am the only child.

Mark Scoblionko
Mark Scoblionko
answered on Nov 2, 2017

You should probably first verify if all the real estate taxes are current and if there is a mortgage against the property. If you decide that you want the house, you will need to engage a lawyer and open an estate. You, as Administrator, would execute a deed to you, individually, so that you will... View More

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: The existing deed for a property I want to purchase, is listed in two siblings' & a nephew's name, but two have died.

I have lived across from this property for 43 years. Even though we are like family, we are not related biologically. The property originally passed to the two sons and a daughter from their parents, in the 60's and has been split several times with this last piece remaining. The daughter died... View More

Mark Scoblionko
Mark Scoblionko
answered on Oct 30, 2017

Unfortunately, it is complicated and will be expensive. You need to start by showing a lawyer the deed, all the involved Wills, and certain documents from any estates that were opened.

1 Answer | Asked in Probate and Estate Planning for Pennsylvania on
Q: How do I get a copy of my grandmother's will apparently I was left something in the will but no one ever told me
Michael Drew Raisman
Michael Drew Raisman
answered on Mar 28, 2018

If the will was probated, then you can get a copy at the local Register of Wills. You can also reach out to the executor who has an obligation to notify all heirs that an estate has been opened.

1 Answer | Asked in Estate Planning, Real Estate Law, Contracts and Probate for Pennsylvania on
Q: My wife Inherited her deceased mothers house. What are the requirements needed in order to rent this house?

My wife inherited her deceased mothers house. She is going through probate and the house is still in her mothers name. What are the requirements needed for her to rent the house? Does the house need to be in her name first? Does she need to obtain a license in order to rent. Are there requirements... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Your local borough ordinances are where to start as to whether she needs a certificate of occupancy. Certainly she'd want to obtain insurance, and if she'll be renting it then a slightly different policy is needed. Assuming that she inherits through a will or there are no other people to... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: Can taking $3500 family exemption considered attacking my mom's will? I lived w/her for 4 yrs. Residual to be divided.

I am to get house & nothing else. I want to claim family exemption, to keep some furniture, dishes, pans etc.. The rest is to be divided among 3 siblings. My brother (executor) says this is attacking the will & mom's wishes. Therefore, I receive nothing. Is this possible? PLEASE HELP

John B. Whalen, Jr.
John B. Whalen, Jr.
answered on Oct 19, 2017

... hello ...

... no - not at all (and whoever is telling you this is - your brother - should not be doing so) ... further - you can claim the Family Exemption in cash ($3,500.00) and also retain some of the personal property as part of your 1/4 residual share ...

... if you need...
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1 Answer | Asked in Criminal Law, Civil Litigation and Probate for Pennsylvania on
Q: uncle took lots of cash from grandfathers acct and no proof where the money went and forged signature. Civ or crim case?

I have statement and counter checks from the bank. We are talking almost 40 grand and I just need to know if it's civil or criminal and how I can start the process. My grandfather is now deceased and I'm one of the beneficiaries of his estate and the estate lawyer could not advise and... View More

Zak Taylor Goldstein
Zak Taylor Goldstein
answered on Oct 17, 2017

Sounds like it could be both depending on the exact circumstances. Cases in which someone withdraws money with authorization (such as from a joint checking account) are difficult to prove, so law enforcement may not be interested. You could file a police report and see if they investigate. You... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: My dad passed away in 2015. My niece was staying with my mom to help her out, six months later mom sold the house to my

niece in 2014. Dad died in 2015. While at the nursing home my niece and her husband moved in with her. (I live in Georgia). Six months after dad dies stepmother sells home to niece for $1.00. Stepmother has been telling me all this time that the house will go to me and that I am executor of the... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 19, 2017

Doesn't sound like the house went through probate. You need to get the will from whatever lawyer drafted it. If no estate opened you need to get one opened after you speak with an attorney in the county where your dad died who handles estates. First look at the title--was you stepmom listed... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: My dad passed away in 2015. My niece was staying with my mom to help her out, six months later mom sold the house to my

Name in 2014. Dad died in 2015. While at the nursing home my niece and her husband moved in with her. (I live in Georgia). Six months after dad dies stepmother sells home to niece for $1.00. Stepmother has been telling me all this time that the house will go to me and that I am executor of the... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 19, 2017

I gave advice to someone with an identical problem but a stepmother. Same advice here with mom.

2 Answers | Asked in Probate for Pennsylvania on
Q: My parents divorced, my father remarried and left me $1, I'm his only heir. Can I contest the will?

My father abused both my mother and myself. He destroyed my life by leaving me for dead at 18 and took my room for a den. He remarried a gold digging viper that's been married 4 times prior. I'm his only child. He's worth millions and has an a large estate. He said he created a trust... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 17, 2017

Anyone with a few hundred dollars to petition a court CAN contest a will, but I bet the question you wanted to ask is 'will it make sense for me to contest the will'.

The answer to that is 'probably not'. Unless you can show your father was not of sound mind, or that he...
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1 Answer | Asked in Probate for Pennsylvania on
Q: My brother file a forged document in attempt to take a home which was given to me in my mother will, what can I do ??

the will clearly state the home is mine

Peter N. Munsing
Peter N. Munsing
answered on Sep 12, 2017

You need to get a lawyer to set up the estate and or protect your claims.

1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: What are the next steps to happen with the state?

My mother passed away with no will, and before she signed the house into my name. I have four siblings, three of them are willing to sign off. My other sibling is mentally disabled and is in a home and has been since the age of 5. What steps are going to take place in order to have the house in my... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

You need to talk to an attorney who handles estates. Basically, an estate will be set up, and once everyone gets the picture that they have to take care of any taxes, local school board assessments etc they sometimes decide they don't want a share of the house. Or it gets sold and proceeds... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: How do you get letter of testamentary.

My boyfriend and I bought house together and he passed away and left house to me and in order to put in my name need letter of testamentary how do I get one.

John B. Whalen, Jr.
John B. Whalen, Jr.
answered on Aug 29, 2017

Hello ...

You have to go to the Register of Wills and Probate his Will or (if you are not named in his Will or he doesn't have a Will) you have to have Letters issued to whoever that may be ...

If you provide more information on your situation, I will offer more advice ......
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1 Answer | Asked in Probate for Pennsylvania on
Q: My aunt passed away and left me a 10,000 life insurance policy that just covered her funeral expenses.

I have since located a life insurance policy through her employer with no beneficiary attached. Can Recoup the policy since I payed for the funeral and I am the executor and beneficiary of her will?

Ben F Meek III
Ben F Meek III
answered on Aug 29, 2017

The newly discovered life insurance proceeds will probably have to be paid into your aunt's probate estate. However, you should check with an attorney in your state about whether or not a small estate affidavit may be used. You will likely have to show (or at least swear under oath) as to... View More

1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: question about a will

My sister died and in the Will named me executor and left me with everything she owned. she was married but did not leaveher husband of only 12 years nothing. the house was my parents house so she had it before they were married. does he have any rights to anything?

Dawn Padanyi
Dawn Padanyi
answered on Aug 23, 2017

Your question isn't clear as to jurisdiction. If the jurisdiction is Pennsylvania, then yes, when a person is still legally married at the time of death, then his/her spouse has the right to claim an elective share. Pennsylvania does not allow spouses to disinherit a spouse. Consult with a... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: DOES A HANDWRITTEN WILL BY A FAMILY MEMBER OF A DECEASED PERSON SUPERSEDE THE RIGHTS OF A SPOUSE IN PENNSYLVANIA?

MY DECEASED HUSBAND'S BROTHER HAND WROTE A RATHER SKETCHY WILL JUST PRIOR TO MY HUSBAND'S DEATH WITH ONE OF THE BENEFICIARIES AS A WITNESS ALONG WITH HIMSELF SERVING AS THE OTHER WITNESS; ALSO I WAS TOLD THAT THE WILL WAS NOTARIZED WITHOUT MY SICK HUSBAND PRESENT. MY HUSBAND HAD A SMALL... View More

Michael Cherewka
Michael Cherewka
answered on Aug 21, 2017

There are too many unanswered questions at this point. You need to visit with an attorney familiar with probate process as soon as possible. If , as you describe, the brother hand wrote the Will, then it probably does not qualify as a valid Will in PA. You then have to look at the PA Intestacy... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: Dad's will in PA, mom died in Fl having not done anything with will in 20 years. Does it get distributed in PA to sons?

Does this go to my mom's estate in Florida? Does it get even distributed to the co beneficiaries now that mom has passed away? What is best? I have a copy of the Will which includes a trust. Can I find out what is in the trust as beneficiary? Is this best handled in PA separately from my... View More

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Aug 16, 2017

Estates are properly probated in the order in which people died and in the place where they died or held real property. If someone died without a Will, the estate is administered in an heirship proceeding. Contact a local probate attorney in the county in which the first of your parents to die... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: My grandfather passed away in May of last year and my father(one of 4 heirs) passed away a month later. Why does my paps

Lawyer want to go through probate and why does he want information about my dads personal assets when my father had no will?

Mark Scoblionko
Mark Scoblionko
answered on Aug 11, 2017

Whether or not your grandfather had a Will has nothing to do with the obligation to open an estate and pay inheritance tax on all assets. Similarly, an estate will have to be opened for your father.

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1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: I am a jr. but when my father passed with no will ,my sister became executrix of estate, can I over ride her ?
Kathryn Hilbush
Kathryn Hilbush
answered on Jul 9, 2017

I'm not sure what you mean by "over ride". If you mean can you becomes executor instead, you'd have to either gain her consent or fight over it in court. I don't do estate law but I believe when a person dies intestate and someone applies to be the executor, notice is given... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Pennsylvania on
Q: If I'm my dads only child and he has never been married nor has he ever had a live in girlfriend, but leaves his current

Girlfriend half, in his will, can i contest it?

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 9, 2017

I suppose but this is an estate and probate question which ended up in family law. Try posting it again and perhaps the computer will assign it to the correct group of attorneys for a more thoughtful answer.

1 Answer | Asked in Family Law, Intellectual Property, Probate and Small Claims for Pennsylvania on
Q: son's father Steve died Steve's sister has the guitar belonged to Steve. Can i take her to court..
Charles Rick
Charles Rick
answered on Jun 29, 2017

Yes, you can take her to court.....not really small claims court..but orphans court.

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