Get free answers to your Probate legal questions from lawyers in your area.
I lent my mom the money about two years ago, When I asked her for it back she said that she spent the remaining $25,000 last week, $25,000 is all I was asking her give back to me. The original total my gram left me was $37,000. She is now refusing to pay me back. How can I get back the money my... View More 
answered on Aug 21, 2018
You may have to sue your mother in civil court -- although if she has no money in which to satisfy any civil judgment against her, all you'll be left with is the judgment paper itself at the end of the day. Perhaps she'd be willing to enter into some kind of repayment plan?
Best of luck to you.
their daughter took my copy of their, now closed divorce agreement, and refuses to give it back.
answered on Aug 2, 2018
Highly doubtful. If you were to receive any portion of his pension, that would've been accomplished during your divorce proceedings -- and by something known as a Qualified Domestic Relations Order (QDRO, pronounced "quad-dro" by family law practitioners). If that wasn't done... View More
My father was a liver transplant patient and he was also my grandma's care taker whom he lived with. I believe it was 2008 my grandma became very ill and we thought we may loose her so in an effort to save my dad from any issues with his disability/SSI he hired an attorney to draft a special... View More
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answered on Jul 22, 2018
I would need to read both wills and the trust to answer your question.
I’m on unsupervised probation in the state of Pennsylvania for 1-23 months and my fines will be paid by the end of the week. The conditions allow me to “travel” out of state freely. It also says to notify my probation officer if my address changes. I plan on talking to him tomorrow about... View More
answered on Jul 23, 2018
Do talk to your P.O. -- he'll know what your local jurisdiction can do (and not do) about you moving away and/or transferring your probation to New York. I think you'll have little chance to terminate your probation early at this point, however. Maybe serve a year of your probation... View More
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answered on Jul 19, 2018
You can probate the will. Any tax or penalty will depend on what the value of the assets
That sister opened a wrongful death suit against the nursing home my mother died in. From attorney answers online I was told that the settlement is supposed to be split up between all my mothers children. No one is in contact with the sister who opened the case and her children have said that she... View More
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answered on Jul 18, 2018
According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death... View More
Want copies of death certificate 2 of them but someone said he inharrited something from his parents that die but they not telling me for wat they need it i should know i am his only daughter they lived in salinas puerto rico
answered on Jul 10, 2018
It's really not possible o give you much help online. I suggest that you meet with an estate and probate attorney in your area and explain the situation. The attorney should know what steps you should take.
answered on Jun 24, 2018
You need a lawyer to examine the trust instrument and help you. If there is no court order associated with the trust, in all likelihood, you simply need a letter "to whom it may concern," indicating that immediately resign as trustee in favor of your names siblings. You should have your... View More
The only charges were possession of paraphernalia and possession of marijuana. It wasn’t a DUI or anything
answered on Jun 15, 2018
It depends on what your underlying criminal charges are. You should consult with a criminal defense attorney to further discuss -- feel free to contact me offsite if you like.
Honestly, the safest bet is to wait until you've completed ARD and had your record expunged -- but depending... View More
answered on May 28, 2018
... hello ...
I believe you are referencing Rev-1500, the Pennsylvania Inheritance Tax Return ... they are funds that are paid from the Estate to the applicable person ...
... Good luck ...
John
John B, Whalen, Jr., J.D., LL.M. is an AV Peer Review Rated Preeminent... View More
She also left her car to a granddaughter. The woman's daughter is the executor and has health problems. The son has been paying the mortgage and the utilities in the house. It has been 8 months and the will has not yet been probated. Is the house considered part of the Estate,and should the... View More
answered on May 18, 2018
The family should consult with an experienced trusts and estates attorney to be sure this is done correctly. You can best help them by steering them that way.
My dad served my mother divorce papers in 2015. She never signed but the 2 year separation period was up. Judge granted divorce on those grounds. My dad found out he was terminally ill. Assets were never split. He recently passed. Do we take my mom to court so the assets can be split up like they... View More
answered on May 12, 2018
It depends on whether the divorce decree reserved equitable distribution (property division) or not. If it did, then that part of the divorce is probably still unresolved. If it did not, then everyone could have a problem. I suggest that you meet with an attorney preferably with both family and... View More
I live in pa, my sister in ny
answered on Apr 18, 2018
You must consult a lawyer and open an estate in order to be able to sell the house and distribute the proceeds.
every turn. I thought we were near an end, but now she is refusing to take ownership of an account with Pods. The estate is paying to store her belongings. She stopped reimbursing the estate and refuses to send payment information to Pods. This is the only thing left. the account isn’t in her... View More
answered on Apr 13, 2018
You should either listen to your lawyer or engage a new lawyer for a second opinion.
I’m married and asked my husband to add me on the the deed, he choose a special warranty deed not a quitclaim deed, and also stated that a 1$) dollar amount is transferred from me to him? Is that right, I say a affidavit is needed and he says it’s not necessary in pa for a married couple, is... View More
answered on Apr 5, 2018
A special warranty deed is better than a quit-claim deed.
The one dollar consideration is ordinarily referenced, but not paid. However, it certainly can be paid.
The deed does have to be notarized, but an actual affidavit is not needed.
My grandfather passed away. His 3rd wife says there’s no will. She thinks she’s entitled to the whole estate. I think it should be split between her and my dad and 2 uncles. My grandfather had 3 sons. 1, my dad, with his first wife. 2 with his second. No children with his third wife. How should... View More
answered on Apr 4, 2018
Where there is no Will, the Pennsylvania intestate law applies. The wife would get a fractional share and the "children" would share the balance.
each parent had two children. did the house go to husband once the wife died? if so, does that mean only his children have ownership to the house. no will from either
answered on Apr 3, 2018
If the property was jointly owned by the two parents, the property passes to husband on death of wife and then to the husband's children. If the property was owned as tenants in common, when the wife dies, the husband would get a statutory share (1/3) of her half and the remainder would go to... View More
She has a parttime job goes to college and lives with her mother. Basically there is no estate she has his car which is 9yrs old and needs repairs. What forms does she need to protect herself and be able to continue with school. She is a DELCO resident he was a BUCKS County resident.
answered on Apr 1, 2018
The deceased estate is responsible for the debt. Debt does not transfer to family members, unless the debt was in some way joint or the family member co-signed on the debt. If the family member is being contacted by debt collectors, she can contact the Attorney General's Office for assistance.
She was told she could not cash the check even though her name appears on the mortgage. what can she do?
answered on Mar 22, 2018
If she had an attorney assisting her with your father's estate, she should ask for assistance in handling this matter. If an estate was opened for your father, then the check can be deposited in the estate account and disbursed. If not, she might try contacting the insurance company to learn... View More
They have been separated for 10 years and he was in a accident a while ago and deemed incompetent. She lived a rough last year, and just passed away. His family is now trying to take the estate. What can I do?
answered on Mar 10, 2018
Unfortunately, you need to hire a lawyer. If no divorce action was filed, he is entitled to claim what is called a forced intestate share. He is likely entitled to one-third of the estate.
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