Get free answers to your Probate legal questions from lawyers in your area.
The insurance plan I currently have renews in July, so she would normally remain on the policy until then. However, I am soon starting a new job and will be getting new insurance. Am I obligated to pay for her insurance through the new insurance company or would she be responsible for paying for... View More 
answered on Apr 11, 2014
Talk this over with your divorce attorney. The answer is it depends on the circumstances. Is health insurance otherwise available to your spouse through her employer and is the coverage as good? How much do you pay, if anything for the coverage? Depending on the answers, the court could ask you... View More
answered on Mar 17, 2014
Don't know what you mean. Attorney's fees are set by the court and are usually a percentage of the probate estate. So if you are talking about fees earned by a probate attorney in helping to administer an estate, the answer is no.
If you mean in some other context, I don't... View More
As one of the payments to settle estate,son living in the home when parent dies is to be paid $3500.00. After taxes are paid, there may not be enough money to pay some personal debts, executors fees and attorney fee. he was neither power of attorney or executor. my father took care of him for 15... View More
answered on Nov 1, 2013
I answered this question on another website. For the benefit of other readers, all states have a family exemption - it may be called something different in other states - in NC, for example, its a yearly allowance.
Your post as I noted, makes no sense. Attorney fees, fees paid for the... View More
answered on Oct 4, 2013
I am not sure that you necessarily have to file probate. First, who is this letter from? What is the unclaimed cash from?
Most states have escheat laws. Basically, these provide that an insurer or a bank has to hold property for a certain period. If the funds remained unclaimed for this... View More
My brother has locked me out of our father's house (where he also resides) and where all of the pertinent estate/asset documentation exists. He is a drug user and the concern is that he will try to liquidate as much as he can before anyone has the opportunity to stop him. Myself and the other... View More
answered on Sep 6, 2013
You need a probate litigation lawyer. This is going to get expensive and messy.
You do not indicate whether your father had a will or who would be the personal representative. Without that then you will have little standing.
You can compel production of the will if there is one as... View More
answered on Apr 8, 2013
Father died long ago. Why is this an issue now? His probate assets would have been divided at the time of his death between his surviving spouse and his biological or adopted children. You do not indicate what probate assets there were or how the asset were titled.
Shares of surviving... View More
answered on Apr 8, 2013
What kinds of records and documents are you talking about? Original records either were filed in the court (like deeds, wills inventory, accounting)or are returned to the client. The attorney can retain a copy for his/her files.
answered on Apr 3, 2013
Most estates can be administered in 1-2 years. Probate only means proof of a will - it doesn't take very long. Why are you "trying" to probate? It seems to me that an estate, whether there is a will or not, is submitted to the court and a personal representative appointed. Its... View More
answered on Mar 29, 2013
Probate court is not necessary for wrongful death claims. It would be for survival claims.
Wrongful death claims are those claims brought by the family of the deceased. See 42 Pa.C.S.A. § 8301 Death action
(a) General rule.--An action may be brought, under procedures prescribed by... View More
The person is in Social Sec. Disability and wants the other relative in the will to receive the remainder as she will be there to assist him in the future. He has paranoid schitzophrenic issues.
answered on Mar 22, 2013
Yes under 20 PACSA § 6201. There are certain time limits to disclaim for federal and state tax purposes. See a probate attorney.
However, your post indicates that the person who is making the will is still alive. In that case, you cannot renounce. A will only becomes operative at death... View More
answered on Mar 14, 2013
The same as anyone else. However, I assume that what you are really asking is whether someone who gets SSDI or SSI can receive an inheritance.
The answer is it depends on what type of benefits the beneficiary gets. If the beneficiary is on SSDI, there is no problem. SSDI or any other... View More
answered on Mar 15, 2013
Go to legal aid then and see if you can get help. I don't understand how the "friend" can claim this. I also don't know what your mother owned at the time time of her death or how it was titled.
Does this person have possession of the items? If they are still titled in... View More
Do the 4 children equally split the 1/2 of the estate that the surviving spouse does not receive?
answered on Mar 15, 2013
If the person who died died without a will then yes, all of his or her biological or adopted children would inherit an equal intestate share.
See 20 PA.C.S.A. §§ 2102 - 2103 for calculation of the share of the surviving spouse and children.
answered on Apr 2, 2013
You do not indicate what other assets there are or whether there are other intestate heirs (I assume there is no will as you state that you are the administratratrix). If there is no will, then any assets will pass via state intestacy law to you as the surviving spouse and any biological or adopted... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
