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Pennsylvania Probate Questions & Answers
1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Pennsylvania on
Q: My parents passed away in 2004, I am the executor to the will and the house was deeded to myself and 3 siblings.

I have paid all the taxes and insurance since 2004 myself. In 2012 my sisters grandson moved into the house with no written lease, only verbal agreement. He was aloud to live in the home rent free for two years, at the end of the two years rent would be due in the amount of $500.00/month. He has... View More

Mark Scoblionko
Mark Scoblionko
answered on Dec 19, 2016

Your question is unfortunately unclear. If the house still remains in the estate, you, as Executor, can act alone. If the estate was closed out and the property was actually deeded to you and your siblings, the fact that you were the Executor is irrelevant. If the house was deeded, the next... View More

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Father passed poa is still in fathersat do i do house.I am next of kin.Wont leave.What do i do
Peter N. Munsing
Peter N. Munsing
answered on Dec 6, 2016

Contact an attorney who handles wills/estate issues in Court (as opposed to estate planning).

2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: The deed on my parents' house reads "John Doe and Jane Doe, Husband & Wife." How to get new deed after death of one?

My Dad had a will but everything is left to Mom. No probate is necessary for any other assets, as almost everything was owned jointly. How do we get a new deed in Mom's name only? York County recorder has no info about this on their website. Thanks!

Evan Charles Pappas
Evan Charles Pappas
answered on Nov 29, 2016

This could be handled by recording a new deed in the name of Mom only. In the deed we would explain why the deed is being re-recorded. This would be an inexpensive project.

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1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: I am named on the family will with 4 other family members, can they sell it without my signature

I am listed on the family will with 4 other members. Two of them being the executors, can they sell the house without consulting me and sending me a check for half my share with no explantions?

Peter N. Munsing
Peter N. Munsing
answered on Nov 28, 2016

Read the will. Generally they can, but they have to explain their actions, what they sold it for has to be commercially reasonable. Suggest you contact an attorney and get a confidential consultation.

1 Answer | Asked in Probate and Landlord - Tenant for Pennsylvania on
Q: Is a deceased tenant's estate responsible for 90 days rent because for failure to give a 90 days notice due to death?

My sister passed away on Aug. 3rd and I notified the rental management office on Aug. 4th. Her rent was paid up to the end of the month. They said that the lease calls for a 90 day notice regardless of death. I received the rent bill on Nov. 7th along with a late fee and $800 charges for... View More

Mark Scoblionko
Mark Scoblionko
answered on Nov 13, 2016

If the estate is insolvent, your question is likely academic because there are no assets to fight over. You, as Executor, have no personal liability for estate debts in the absence of mismanagement.

With respect to the underlying question itself, the landlord may be correct that your...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: Does the person designated as an executress still have to file the will with the courts to sell the deceased real estate

Hi I live in PA and my husbands grandmother passed away 2.5 years ago. In her will it states that we are to be the first ones able to buy her house which we have lived in for the last 7 years. His mother who is designated in the will as executress of the will has not done anything legally with... View More

Mark Scoblionko
Mark Scoblionko
answered on Oct 26, 2016

You are correct in your concerns and your husband's mother is not correct.

The Will must be "probated," which means filing it with the Register of Wills. That will open the estate and your mother-in-law, if so designated in the Will, will be appointed Executrix. As...
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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Pennsylvania on
Q: My father died, there is no mortgage but a lien against the house in his and his wife's name. Is she the rightful owner

The lien/HELOC is roughly equal to the value of the house. My sister believes she is entitled to 1/3 (split between her, me and the wife) of the house, I thought under PA law it transfers to the wife of the deceased, especially with his wife's name being on the lien? There was no living will... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 16, 2016

First step is look at the title to the house. If the house was in his name only, the lienor has a claim against the estate for the amount which may make the issue pointless if, as you say, the lien is almost the value.

Generally, wife gets $30,000 of the estate. If there is money left over...
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1 Answer | Asked in Probate for Pennsylvania on
Q: I am the beneficiary to a very friend who passed away Wednesday. His daughter keeps calling me about his personal

Property and his bank account. He just met his daughter 2 yrs ago. There was no will but there was an oral agreement to how things were to be handled and I have many witnesses who can verify his wishes. Do they legally have a right obtain his property when I am his beneficiary

Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2016

Your oral agreement isn't worth much if she's the daughter. Both of you should contact estate attorneys but chances are an estate may have to be opened if you don't agree. Pennsylvania doesn't have "oral wills"--nor does any state. Even a handwritten letter signed by... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: My Mom died in June 2012. I have not started probate of the will. What do I do first and how do I start the process?

My mom had a row house in Philadelphia (that my children and I live in) and a very small stock from her job. No money in the bank. My father and brother were both deceased prior to my mom's passing. I am the executor but I have not been in a good place financially to go through this process. I... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 30, 2016

At least get a consultation from a lawyer. Get the death certificate. Get the will. Go to the register of wills. Open the estate.

You will need to get the statements from her bank account, other accounts as of the date of her death to fill out the forms.

Initially, you can go by...
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1 Answer | Asked in Probate for Pennsylvania on
Q: My dad died and left my sister as executor, we got into and argument a few years after and she said she got money

Is there anything I can do or is it too late

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

The executor has to file a paper with the court to close an estate. That paper should spell out the distribution. Go to the recorder of deeds. Find out what is on the docket. You can petition to have her replaced if the estate isn't closed.

1 Answer | Asked in Probate for Pennsylvania on
Q: In PA an unwitnessed but signed will is valid if two people will attest to the validity of the signature at probate.

The person lived in Montgomery County. Is this a state or county law? I would like to see it for myself, so please provide the exact statute.

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

Did they see the person sign it? If they are just going to say that it looks like the persons signature that will can be contested.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Pennsylvania on
Q: I live in pa my sister and I have out names on the deed her boyfriend lives there with her who will it go to

If something shall happen to her

Mark Scoblionko
Mark Scoblionko
answered on Sep 12, 2016

You need to have a lawyer review your deed. If you and she own it as "joint tenants with right of survivorship," the property would pass from one to the other upon the death of one. If you and she own it as "tenants in common," your half would pass by Will and her half would... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Pennsylvania on
Q: What forms need filed in pa for son to claim home ownership from deceased mother after living with her all his life.
Mark Scoblionko
Mark Scoblionko
answered on Sep 8, 2016

The fact that the son lived with the mother all his life has no bearing on the question. A lawyer needs to be consulted to open an estate. If there is a Will, the Will needs to be filed with the Register of Wills (probated). If an Executor is named in the Will, the Executor will execute a deed... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My husband's sister is buying a house for him cash outright and his name will be on the deed only.

She wants him to draw up papers with an attorney to prevent me from inheriting the house if he dies and although it will state that I can remain until I die, and then she wants to have the ownership revert to her. We are both on social security disability and maintain one checking account. Taxes... View More

Mark Scoblionko
Mark Scoblionko
answered on Sep 1, 2016

This is a bit complicated, if you do it the way you have outlined. The easier way to accomplish what you have described is for your sister-in-law to give a deed to you and your husband for a "life estate" only. Title to the "fee," i.e., the underlying property, remains in your... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: I'm the Executor on estate. What paperwork do I need to complete to change deed of property from dad to sister?

There are two properties. I'm selling one and want to give other to my sister. Wanted to take of this after closing, as I'll be paying off due taxes on both properties at the time. I've run out of money and need to know what paperwork do I need to complete to do this as the executor.

Mark Scoblionko
Mark Scoblionko
answered on Aug 8, 2016

To transfer the properties, you will need to have deeds prepared. However, there is a great deal of other paperwork associated with an estate. You will need to consult a lawyer to help you through this.

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1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: I am the executor of my husband's estate. Once I sell the house and mortgage takes their portion, will they mail my chec

Their was no will, and no one else has right to house.

Mark Scoblionko
Mark Scoblionko
answered on Jul 22, 2016

What ordinarily occurs is that there is a settlement at a title company. The title company will send a check to the mortgage company and will hand you a check for the net proceeds. However, if there was no Will, you are the "Administratrix," not the "Executrix," and, if there... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: I have been living with my significant other for 16 years. He recently passed away on July 4 2016 he had two children.

One of the children has not talked to him on 15 years. He had no will can I get administrator of his estate. He has life ins 401k stocks and 2 cars

Mark Scoblionko
Mark Scoblionko
answered on Jul 19, 2016

In order to be appointed Administratrix, you will need to get the children to sign renunciation forms. You could then sell his cars. The life insurance and 401K will pass based on any beneficiary designation forms your significant other completed. If there are none, they will pass to his estate... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: My father passed away in Pennsylvania without a will. His girlfriend is living in house. I want access/inventory assets

The deed was in my fathers name only. House has mortgage. He also has cars with loans. I am worried that she may remove his belongings from house as well. Do I need to create an estate and start probate? I am oldest of 3 his 3 sons. My mother was his first wife and youngest sons mother was his... View More

Mark Scoblionko
Mark Scoblionko
answered on Jul 11, 2016

Yes, you need to engage a lawyer to help you open an estate and be appointed "Administrator." The term, "Executor," applies only where there is a Will. As Administrator, you then are responsible for handling the estate and can gain access to the home and force the girlfriend... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Pennsylvania on
Q: Family owns part of a camp that has 9 original owners on the deed and few have passed away. What do we do for them?

9 people originally built the camp with no formal agreement of ownership, after years had passed a few had sold their shares of the camp but never had the deed changed. Now that we want to tear down and build a new one we need the deed changed and a few have passed away. What do we have to do in... View More

Mark Scoblionko
Mark Scoblionko
answered on Jun 13, 2016

Your facts are, unfortunately, not very clear. You said that nine people built a camp without agreement of ownership. I am assuming that the camp itself was a partnership, corporation or other legal entity, and that the owners of the camp may or may not have been the same people on the deed. In... View More

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