Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: Our father died intestate in Pennsylvania. How do we claim remaining assets?

He required round the clock nursing care so was in a nursing home. My sister had POA and we had to liquidate his assets to pay medical bills. One investment firm, Putnam, refused to recognize the POA while he lived, and even though our father passed in 2009, they still hold onto this one remaining... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 4, 2023

I agree with the prior answer by counsel, with a caveats.

When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of...
View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: How do I as the heir of my Dad claim property for our Aunt who's estate he was executor of?

My dad was executor of my great Aunts estate. He passed away about a year after her. I was looking on unclaimed property for PA and came across something for my Aunt. I was my father's only child and he was never married so beings that I am the surviving heir, how would I go about claiming the... View More

Mark Scoblionko
Mark Scoblionko
answered on Jun 2, 2023

Someone, probably you, if you are your aunt’s sole heir, would have to be appointed as a “successor executor” of her estate. The correct title is actually “Administrator dbncta,” but it is just a successor. In that capacity the successor would file a claim for unclaimed property.

2 Answers | Asked in Bankruptcy, Estate Planning and Probate for Pennsylvania on
Q: I’m the executor and my brother is a beneficiary. I recently discovered that four months after our mother died in 2019,

my brother filed Chapter 13 bankruptcy. The bankruptcy was dismissed in 2020 due to lack of payment and unfiled paperwork. It appears from the bankruptcy paperwork he did file that he did not mention the inheritance (possibly because he didn’t know what the final amount would be). It’s now... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 15, 2023

As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).

For that reason, I recommend that you proceed to...
View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: The trustee of my fathers’ estate will not give me an accounting of the estate or release any funds. It has been 14

Months and all the assets are paper. All taxes have been paid to government and state of penn. i live in Delaware father in penn.

Michael Cherewka
Michael Cherewka
answered on May 5, 2023

If the Trustee ( Execeutor?) is not sharing information with you, you may need to engage your own attorney for Beneficiary Representation to obtain the accounting and release of funds (if that is appropriate). Much may depend on whether your father had a Trust, and this is a Trust Admininstration,... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Are class action lawsuit proceeds subject to inheritance tax?

The decedent died and taxes were paid some time ago, but we are still waiting for the proceeds from the class action. I know it won’t be much at all. Even if it’s a couple dollars, would we have to reopen and amend the inheritance tax that has already been paid?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 19, 2023

Every asset to which the decedent/Estate is entitled, or outright owns, must be valued and included in the Estate for purposes of taxation and distribution.

An expected benefit from a class action suit, if the decedent was but one of a large class, will probably be disappointing. In my...
View More

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Pennsylvania on
Q: Where can I obtain a petition document for partition action in court of chancery in Sussex county delaware.A

My mom died intestate with a mortgaged home the lender sold portfolio of mortgages and in paperwork it showed owners death certificate but didn't show any documents of the 3 heirs so now the new mortgage co. Is trustee and said they need our birth cert. And signed quit claim deeds from the 3... View More

David Kennedy Bifulco
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Does a deed to a house override a will?

If a house is transfer from my father to my father and sibling as joint tenants with rights of survivorship, does a will giving the house to myself and my other siblings become void? Even if done at the same time or after the deed? Does she automatically get the house no matter what the will says... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 22, 2023

A Will, once admitted to probate, and surviving any challenges to validity, distributes assets, and pays debts, existing as of the date of death.

If, prior to death, the testator transfers property to others, then that transfer, assuming it is not invalid, diminishes what is owned at death....
View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: I deposited personal funds into an estate checking account. Can I repay myself from the estate for those funds?

I'm the estate administrator

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023

The answer depends on the reason you deposited those funds. If the reason was just to open the account or maintain a minimum balance to avoid fees, then yes. If it was for some other reason, then the answer is you should ask your probate attorney.

1 Answer | Asked in Elder Law and Probate for Pennsylvania on
Q: § 2206. Right of election in Pennsylvania

wife dies December 6. Leaves only asset condo to her daughter. husband dies February 5 without filing spousal election. Can his daughter make election?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 8, 2023

Depends of what the Will says. Most Executors do have that power.

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother recently passed away. I took care of her. I received a letter from an attorney that my mom's uncle died.

She is listed as 1 of the 5 to receive money. Its her 2 brothers and 2 of her sisters kids because their mom died. Would i get what my mother was being left? I am the only child she had. The woman said she would check because of a form that has to be filled out. My mom's sister is deceased and... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 6, 2023

Whether your mother is a distributee of the uncle's will depends upon how the uncle's will reads. It's common for Wills to include alternate provisions for named heirs who predecease the testator, and your great-uncle's will may well redirect the bequest to your mother when she... View More

View More Answers

1 Answer | Asked in Probate for Pennsylvania on
Q: Obtaining guardianship of a minors estate?

I reside in the state of PA. My minor son (he is 4) is a beneficiary on his deceased fathers life insurance policy. The insurance company is requesting that I get court documentation to show that I have been appointed as the guardian of my minors estate. I cannot for the life of me find the form... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Feb 6, 2023

A guardianship of a minor's estate is required if the amount of the minor's assets exceeds $25,000.00. A guardianship of a minor's would be established by petitioning through the Orphans Court Division of the Court in your county.

It is important to note, however that while...
View More

1 Answer | Asked in Real Estate Law, Business Law, Probate and Estate Planning for Pennsylvania on
Q: Estate property sole without executor consent for SIGNIFICANTLY Below market value

Father passed away in 2017. I was named the sole executor and beneficiary in his will. The will explicitly outlined this property as belonging to him and being left to me in the case of his death. Suddenly a silent business partner that walked away four years ago exerts that he is half owner of the... View More

David Kennedy Bifulco
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2022

Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Hello I'm trying to collect funds from my mom estate but I need some kind of estate document and I'm not sure what I nee

I don't know the document I need

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 26, 2022

You haven't provided all the necessary information, e.g., where is the probate proceeding in your mom's case, and are you the named and acting Executor under the will, and has the will been accepted/admitted into probate?

If you are the named Executor, you can procure Letters...
View More

2 Answers | Asked in Real Estate Law, Elder Law and Probate for Pennsylvania on
Q: Am I legally required probate husband's will if he left entire estate to me ?

I am selling commercial property with both our names on deeds. We were in the process of doing this together before his passing but never started any listing etc. I just want to sell as is, no contingency, cash only. Must I probate the will or can I just proceed as we were planning?

Stephen M. Asbel
Stephen M. Asbel
answered on Oct 25, 2022

If both you and your husband's name are on the deeds for these properties, then your ownership probably was "tenancy by the entireties" - a form of ownership for married couples under which when one spouse dies, the suriving spouse becomes the sole owner by survivorship. The... View More

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: What happens if 2 siblings who inherit a parent's home, cannot agree on what happens to the house during probate?

Here are the details. Sister and I inherited house from father (no mortgage or liens), no will, we started probate, we payed the inheritance tax, we got a new deed created with both our names on it, and we agreed that we both were going to continue living in the house for the next year or 2, but we... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 22, 2022

If that "new deed" to both of you has been executed and recorded, then the property is no longer part of the probate estate.

If the two of you are unable to come to some agreement about what to do with the property, either one of you can file a partition action in court, that...
View More

1 Answer | Asked in Probate for Pennsylvania on
Q: Question regarding priority of claims and a home equity loan that was in both dad and mom's name when dad passed.

My dad died intestate. Bank accounts were jointly owned with my mom (his spouse). Only one account was in his name solely, a holding in a mutual fund, approx 50,000. He also had a credit card in his name solely, approx 10,000. After funeral expenses, etc there is enough left to pay the unsecured... View More

Michael Cherewka
Michael Cherewka
answered on Aug 11, 2022

Two different questions here. PA Inheritance Tax return you usually report assets in decedent's name alone at 100% of value, and then there is a Joint Asset schedule where (in case of husband and wife) you would report 1/2 of total of joint assets.

The credit card would be deducted as...
View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If my sister and I inherited our father's house, how should I go about having a new deed created?

We Plan on living in the house for at least the next 2 years. The recorder of deeds aid that we need to get a new deed created and that any title company can do it. About how much does this whole process cost? I know there is an $83 recording fee. And what is required or needed to create a new... View More

Michael Cherewka
Michael Cherewka
answered on Aug 11, 2022

You indicate that you inherited the house. How you inherited it will determine if the process is simple or a bit more complicated. If your father's Deed was joint deed with you and your sister (Joint with Right of Survivorship) it may be as simple as filing a PA Inheritance Tax Return to pay... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Who recieves money left in a checking account?

Father-In-Law passed away in December, there is only his wife (my mother-in law) and my wife (his daughter) surviving him. My Wife is the executor. There's no mention to where it goes in will. Only thing the will says is that the house is left to his wife (my mother in law) and that his... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 4, 2022

Under PA law, the appointed executor's duty is to implement the expressed intent of the testator, as expressed in the probated Will.

If an asset of the testator is not disposed or bequeathed by that Will, it is for the Court, not the Executor, to determine the testator's...
View More

View More Answers

1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: I want to keep my mom's home, she passed away in April, and there's a balance on her mortgage, how?

It has a 26 thousand dollars balance, can I keep it or do I have to sell it?

Stephen M. Asbel
Stephen M. Asbel
answered on Jun 7, 2022

To fully answer your question would require additional information because whether or not you can keep the house will depend upon a number of factors. Are there other assets which can be used to pay off the mortgage? Are there other debts beside the mortgage which must be paid? Are there other... View More

2 Answers | Asked in Estate Planning, Collections and Probate for Pennsylvania on
Q: My father recently passed, resided in PA and had no assets and or no estate He did have over $30,000 of sole-owed debt.

Funeral expenses will be paid by family members. He had less than $250 in the bank, and once Social Security re-claims the pro-rated portion of his monthly benefit paid at the beginning of the month, there will be insufficient funds. There is no life insurance, property, vehicle, etc. Can the... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Jun 2, 2022

As a practical matter, if the credit card issuers are notified by letter that your father is deceased, there are no assets available to pay their bills and the family is not raising an estate administration, the likely result will be they will write off the balance. To the extent there is any... View More

View More Answers

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.