Get free answers to your Probate legal questions from lawyers in your area.
My father recently passed. His lawyer (now deceased) held the original signed will (unsigned copies were with my father and me). I reached out to the lawyer who inherited the files. He confirmed as the successor, pledged to check for the files, and communicate further. Regrettably, he failed to... View More
![Michael Cherewka Michael Cherewka](http://justatic.com/profile-images/1360378-1600103092-sl.jpg)
answered on Aug 24, 2023
It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More
Haven't processed will due to copy issue and dad’s lawyer passing. Short form delay could cost tax savings.
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Aug 22, 2023
It appears, from your post, that your are both the sole heir and the named Executor in the Will. As a matter of practice, it is always best that the named Executor/Executrix have the original, or a duplicate original, of the Will, inasmuch as it is the named personal rep who is responsible for... View More
The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Aug 2, 2023
I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.
So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.
A beneficiary was named in a Pennsylvania will. The will went to probate in PA courts, but the beneficary died before the probate and any gifts were distributed. It had been over 1 year and 6 mts since Probate started. The executor is stating that the beneficary will not receive the gifts... View More
![Mark Scoblionko Mark Scoblionko](http://justatic.com/profile-images/1400284-1447149306-sl.jpg)
answered on Jul 22, 2023
The timing of probate would not be relevant unless there is something in the Will that would make it relevant. If the beneficiary was living at the time of death of the Testator and survived for any survival period required by the Will, the beneficiary would be entitled to the bequest. If the... View More
I start advertising it immediately or do I need to have the Judge approve the violitity of the will and start the probate.
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Jul 4, 2023
The Registrar of Wills in the county where the decedent passed will initially determine whether the Will is admissible for probate. Once accepted, yes, the named Executor/Ececutrix should arrange for the immediate publication of that fact, with the contact info of the named personal... View More
I am the executrix of my father's estate in PA but I live in VA. I was just informed by the title company handling the closing on his house that proceeds cannot be deposted into my personal account, only to an estate account. I am trying to find out if I have to open the estate account in PA... View More
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jun 28, 2023
If you are probating your Father's Estate, then you will have an Estate Bank Account. If no account, then you are not doing your job. But the title co. does not control how you administer the Estate. You may wish to use an attorney or another title co. to execute the sale. At least... View More
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. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
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](http://justatic.com/profile-images/1400284-1447149306-sl.jpg)
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.
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. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
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](http://justatic.com/profile-images/1360378-1600103092-sl.jpg)
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
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. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
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](http://justatic.com/profile-images/1558433-1685636710-sl.png)
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
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. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
I'm the estate administrator
![Nina Whitehurst Nina Whitehurst](http://justatic.com/profile-images/1518593-1682021260-sl.jpeg)
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.
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. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Feb 8, 2023
Depends of what the Will says. Most Executors do have that power.
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. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
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](http://justatic.com/profile-images/1495076-1551714778-sl.jpg)
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
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](http://justatic.com/profile-images/1558433-1685636710-sl.png)
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
I don't know the document I need
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
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](http://justatic.com/profile-images/1495076-1551714778-sl.jpg)
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
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