When an Estate is created under PA law, either by probating a will, or a guardianship, etc., the new personal representative can 'reach back' for up to four years to recover transfers of assets that did not return "fair market value" the one whose property makes up the Estate.... View More

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

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

Just a P.S. Financial accounts, whether at financial institutions, insurance companies, brokerage houses, or the like, can be contractually required to make payments to a named, authorized joint account holder (right of survivorship) or other designee. The requirement of a short form by your... View More

if all of the accounts are POD or TOD or have named beneficiaries, then there is no need for you to probate Will and get Short Certificate.

if your father forgot to designate a POD or TOD or Beneficiary on one of the accounts you may still be able to avoid probate if the amount in that... View More

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answered on Aug 16, 2023

As an heir facing these complex legal issues, it would be advisable to consult with a real estate attorney. A real estate attorney specializes in property matters and can help protect your interests as an heir. They can provide guidance on the actions of the Power of Attorney, ensure that your... View More

If you inherited the house, you should revoke the POA you gave to your brother and list the house you inherited for sale yourself.

A POA only lasts until you revoke it or die. If your brother is not doing what you want, revoke your POA so he no longer has your authority to do anything with... View More

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answered on Aug 11, 2023

The authority of an executor to enter an apartment you shared with your mother as a beneficiary depends on the specifics of the situation and the terms of the will. Generally, an executor has a responsibility to manage the estate's assets, which may include securing property and belongings.... View More

As in every other jurisdiction, an appointed Executorix/Executor is charged with the responsibility for collecting, inventorying, and distributing/selling all assets of the Estate.

Your question leaves out most of the relevant facts here (have you blocked the Exec's access, what does... View More

If the parents owned the property as joint tenants with right of survivorship, or as tenants by the entireties, the mother acceded to full ownership of the real property upon the father's death.

If the real estate was owned as tenants in common, and there was no father's Will, the... View More

(Continued) If your mother took full title at your father's death (joint tenancy or tenancy by entireties at his death), then at the later death of mother, you as only child took the entire real estate.

Speak to an experienced PA lawyer about your issues, and share the prior Deeds and... View More

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.

As a follow-up, from your question, I assumed that the Will naming you as Executor has been presented to and accepted for the opening of a probate case by the Registrar of Deeds/Probate Court.

However, even absent that fact, there is judicial precedent in PA that real property passes to the... View More

I agree with my colleague that you've started out well in Justia (you can find PA lawyers who have done many in PA, as have I).

Many life insurance companies, hoping to sell you whole or term life or health insurance, or disability insurance, or whatever, provide "form"... View More

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

The key to the answer to your question is the wording of the Will admitted to probate. If the Will states that the beneficiaries take PER STIRPES, meaning, roughly, "branch", then that beneficiary's Estate, wife and children or heirs will take the inheritance. If the Will does not... View More

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

The simple answer to your simple question is "No". A quitclaim deed merely transfers whatever interests the grantor has in the realty, not the personalty.

The more difficult question, perhaps, is what all is realty and what is not?

In PA, generally speaking, items so... View More

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

Your outcome rests largely with the type of trust you choose. If you retain powers over it, e.g., to terminate it, name a trustee, amend it, etc., whatever you place in the trust will most probably be includable in your Estate. If you divorce yourself from a long-term trust, no retained powers,... View More