Since I have no family and on a limited income; I want to make my best friend my beneficiary & once everything is liquidated; she will delegate certain amounts to charities & people that I want to leave a little something to. Also, can I have a backup beneficiary since we're always... Read more »
You are on the right path, and the things you are wanting to do are do-able. An experienced estate planning attorney can help you see this through. Most likely you are going to want to create a revocable trust with a will just in case. I would also recommend a general durable power of attorney... Read more »
then ignore said beneficiary requests for an explanation?
The powers of any Trustee are prescribed first by the wording of the Trust document itself, augmented by the powers specified in the PA statutes.
To answer your question correctly, a lawyer would need to examine the wording of Trust document.
Are there any rules governing what a Trustee must do to ensure they know what IS & IS NOT in the beneficiaries best interest and act accordingly?
Entire books have been written on this subject, and this has been the subject of numerous lawsuits across the country. There is no simple one-size-fits-all answer, I am sorry to say. If you have a particular action in mind and would like legal advice regarding that, you should consult with an... Read more »
How can I sell the house I was forced to leave in Dallas, Texas and /or get my x, who is still living in the house, to sign a rental contract so I am not forced to pay the mortgage for the house? He claims there is already a tenant / landlord contract signed. I don't remember signing one.... Read more »
Although you need to speak with a Texas lawyer, as a general proposition, if you are the sole person on the deed, you have the right to sell it. However, if there is, in fact, a written lease, any sale would have to honor the terms of that lease. Therefore, as a practical matter, you better find... Read more »
Left everything to her daughter in will. Do I have anything to fight for if the house was still in both step mom and my fathers name on deed?
If the deed was held in your father and step-mom's names as joint tenants, with right of survivorship, or tenancy by entirety, then when he died, yes, "everything", including full legal title to the property, went to her.
If the deed says they held title as tenants in common,... Read more »
From the point of view of your Will, you can leave your Estate to anyone you choose, and in this case you would just no longer reference your primary beneficiary as "my wife".
From a Pennsylvania Inheritance Tax point of view, this is a major change since the tax rate for bequests... Read more »
My sister-in-law is executor of mother's will. She has not paid inheritance taxes since mother’s death in 02/2017. She will not even have conversation about will. I have been told that my wife, who is sister and co beneficiary in mother’s will, should get a lawyer to help with this issue.... Read more »
First of all are you sure there is a Will? If your sister-in-law claims there is a Will, and that she is named Executor, and if she has done nothing to date your wife has some options, and she needs to meet with an experienced estate attorney to see what option is best. If you think there is a... Read more »
The estate is located in Florida
A bond is an undertaking by a surety to indemnify the estate for losses caused by the bonded person (personal representative) stealing from the estate. Sadly, that does sometimes happen. If you totally trust the personal representative then you would normally agree to waive the bond. If you don’t... Read more »
My dad passed Nov 2020 and the bulk of the estate goes to my dad's 2nd wife. I'm listed to receive the vacation home. I haven't read nor have received a copy of my Dad's will, the lawyer just read only the portion pertaining to me. Step mom is executor and hasn't offered a... Read more »
As far as a copy of the Will, the executor is required to send you a notice that you are a beneficiary of the Will, and describe your bequest. Most executors provide a copy of the Will, but unfortunately that is not required and your executor has chosen not to send a copy. Her attorney is correct... Read more »
My understanding of Will is I own 1/3 . Will siblings need my signature to sell house ?
The simple answer is- yes. Your siblings cannot sell/transfer your interest in the real estate if you are a record owner of it. However, if the property is held in a pending probate case, the executor/administrator may have a power to sell the property, subject to notice to all heirs at law and... Read more »
He was living with his girlfriend at her house at the time of his passing. He has a fairly large gun collection of about sixty or so firearms including some handguns. My brother is the named executor of the estate that he had to file to open. My father's girlfriend is refusing allowing us in... Read more »
First of all since your brother is named Executor he has the responsibility and the authority to collect and protect all personal property of your father. Since you call your brother the Executor I am assuming there is a Will and the girlfriend is either not named in the Will or was not bequeathed... Read more »
Investment worth around a hundred thousand or so. At the reading of the will the sister who was P.O.A and also executor of his will jumped up and said "I am the beneficiary of that" the lawyer tried to explain that Pap wanted the money split 3 ways but she kept saying, I am the... Read more »
... hello ...
... yes she can ... although your father may have wanted it split, a beneficiary designation overrides the Will ...
... good luck ...
... John ...
In Pennsylvania the estate attorney's fee is negotiated with the executor of the estate. There are court cases with guidelines as to calculation of the fees. I have never heard the fees being calculated as a percentage of the inheritance taxes paid by the estate.
My mother-in-law died Feb. 2017. Sister-in-law took will to courthouse Feb. 2018. Will was drawn up in Ohio, and does not meet PA standards, she needs notarized statements to authenticate mother’s signature. After 3 year she has done nothing. Court has no records that inheritance taxes have... Read more »
if your sister-in-law "took the Will to the courthouse" I will assume that your sister-in-law is the named executor. if that is the case neither you nor you wife can do anything other than (i) demand that she hire an estate attorney and finish the estate administration (including payment... Read more »
My father in law died in Oct. He owned a home had a life insurance policy and a union pension. He had no will in PA. We are having trouble getting information about the policy, deed for the home, actually ever thing we try is an issue we only have a death certificate. Need probate I believe but not... Read more »
Where there is no will, the PA statutes explain, in detail, who will be the "heirs at law" who inherit a decedent's property.
Whenever real estate is involved, unless it is held in joint tenancy with right of survivorship, and the co-owner survives, a probate is necessary to... Read more »
I am a joint owner on my mothers checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). I now have no way to pay for her funeral. I was under the assumption that creditors would... Read more »
Please see my answer on your January 6, 2021 posted question which is the same as this question.
What was left for me can I get it back or is it too late to do anything
You will really need to sit down with an experienced estate attorney to review what has happened so far. Since dad died in 2019, you should have been formally notified whether an Estate was going to be opened. If dad had a Will you would receive Notice that an Estate was opened and you were a... Read more »
I am joint owner of the bank account and will be the estate executor and now have no money to pay for funeral.
Edit: The Joint checking account and credit card are both with the credit union. I am not a cosigner on credit card. My mother passed away last week and upon notification of her... Read more »
... hello ...
... could you kindly elaborate on your concern? ... I am not quite sure what you are asking ...
... John
My father is unresponsive and deteriorating. This was unexpected and he doesn't have a will. My parents are divorced and I am the oldest of his 2 adult children. He owns a trailer in a mobile home park and a former girlfriend is living there. My father was living there originally but got an... Read more »
You will have to hire a lawyer and open an estate. Either all of the siblings must serve as co-administrators or the other siblings can sign a renunciation form so that you can serve as the sole administratrix.
If the lot is rented to your father, even though she pays the rent, once the... Read more »
executor of his estate or how can I become the executor.?
In intestate (no will) cases, an Administrator, or Personal Representative, not an Executor, or Executrix, is appointed,
But each serves the same fiduciary function, to gather up and maximize the value of the estate for the benefit of the legal heirs.
The PA statutes designate the... Read more »
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