The surviving aunt has no rights merely because she has lived in the house for a long time.

If they were married and owned the home as tenants by the entireties, she automatically got the property by right of survivorship. That means that she now owns the property outright and can ignore his name on the deed. If she wants to convey the property to you or add you as an owner of the... View More

If there are no parents and she had no children, the estate would be divided between the siblings who survived her.

If the bank account is in her deceased husband's name, then she may need to open up his estate. The bank probably will not give her the funds until she begins probate. In that case, she'll either need to present the will to the Register of Wills (of which you would then be entitled to... View More

Not unless there is a Will and he was named the Executor.

Your father and his brothers need to consult with an attorney experienced in probate law, which is the area of law that deals with, among other things, wills.

It depends on the deed and will.

If the house was owned by your fiancé and his wife who predeceased him as tenants by the entireties, then the house would have become his upon the death of his wife. If the will leaving the house to you is valid, then the children shouldn't be able... View More

If you are not on the deed, you are not responsible. The estate is responsible. However, no distributions can be made from the estate and the house will not be able to be sold until the taxes are paid.

You should consult a lawyer.

Depends on the wording of the bequest. Was it to her brother and ONLY her brother? Then maybe not -- it sounds like the bequest then would 'fail' and as a defective gift, the property would pass to the residuary beneficiary -- and if none is listed then it goes to her heirs at law.... View More

You need to consult with a lawyer to examine the deed. If you and your mother own the home as joint tenants with right of survivorship, her interest would pass to you automatically, but it will cost you 4% inheritance tax on her portion. If you own the home as tenants in common, her interest... View More

In the absence of there being a formal written agreement, the house passes equally to you and your siblings from the estate. Thus, they can force the estate to sell the house or for you to buy the house from the estate. You might be entitled to recover allocable shares of the costs from the... View More

I'm sorry but we can't second guess what your attorneys have told you. I suggest that you sit down in person with your lawyers and have them explain the issue more thoroughly. It's not because it's Philadelphia, but it may be because it's Pennsylvania.

This is an estate planning question which somehow ended up going out to the family law attorneys. I'll venture a guess, and that's all it is mind you, that the grandparent was allowed to set any legal prerequisites to the inheritance and that, absent some allegation of coercion or mental... View More

You should not open an estate, but should forget about the house, the mortgage, the taxes and the Toyota. If you do not open an estate and do not claim inheritance of these things, you face no inheritance tax because you are not inheriting anything. You will have potential liability only if you... View More

You can try going to the Register of Wills in the county where your father died to see if the will has been probated. If it hasn't, then you need to contact a probate attorney for assistance.

Sounds fishy. It should have gone through the estate so you need to go to the county register of wills for the county where your father in law lived, find out whether they have filed a "distribution", was there a will, etc. Then consult an attorney in that county that handles estate... View More

I am not sure what you mean when you say that Pennsylvania has no next of kin laws. There is a statute, commonly called the Intestacy Act, which provides what happens in an estate where there is no Will. In the circumstances you have described, if the grandfather has no Will, all of his assets... View More

Depends on what the court order you have says. If you dont have a court order, sure, why couldnt he? You and he are equally entitled to your children. If you are concerned about your children, you need to have an enforceable order in place to protect yourself and your children. Sit down with a... View More

The per stripes clause in your mom's Will has nothing to do with your question. Since you are living, you get your share. If you want your share to pass to your friend, you need to write a Will, fast. If you marry now and do not have a Will, your share would be divided between him and any... View More

As a co-owner, your sister is responsible for half the taxes and other municipal charges. She is also responsible for half the improvements. However, since you live there, she has the right to receive rent. Possibly, if you were to contact a lawyer and sue her, she would surrender and give you a... View More