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... Read 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... Read 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... Read 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,... Read more »

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,... Read more »

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... Read more »

The Personal Rep has the authority to wrap up the LLC as you describe it. There is a Dissolution process in PA for ending an LLC, which includes collecting all revenues and accounts receivable, paying all costs and debts of the business, getting tax clearances from the Department of Revenue, and... Read more »

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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... Read more »

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.... Read more »

a Special Needs Trust can be created either in a Will, in which case it is not funded until the death of the Grantor, or can be created during the lifetime of the Grantor, in which case it is usually funded (at least partially) when created, and additional funds can be added during the lifetime of... Read more »

While a family settlement agreement always seems like a good idea in probate/post-death matters, with the facts provided, I doubt that one is even necessary. The two named CD beneficiaries are free to share/dispose of their distributions however they like. No court approval seems necessary, on... Read more »

Not sure that a Family Settlement Agreement is appropriate here. There is no probate estate. However there will most likely be PA Inheritance Tax due on the account balance. Once the 2 beneficiaries receive the balance of the account and pay or set aside the PA Inheritance Tax they are free to... Read more »

The beneficiaries are those who benefit from current or future distributions from the Trust.

The Trustee is the one charged by the Trust documents with managing the assets, seeing to all administrative obligations (tax returns, etc.), and making distributions, all in accordance with the... Read more »

The heirs aren't personally responsible, but the property is.

Typically after the passing of a borrower with a reverse mortgage, there are 3 options:

- Heirs purchase the property and/or refinance the loan to pay off the mortgage

- The estate sells the property if... Read more »

Directly, no, unless one or more of the heirs has signed a guarantee with the provider(s) of health care for the deceased.

An argument may be made by the creditor, however, for heir-liability, in the absence of a guaranty, if any of the heirs claimed the decedent as a dependent during life.... Read more »

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.

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... Read more »

whether or not you would receive your mother's share will depend on the wording of your uncle's Will and may also depend on whether your mother survived your uncle and then died, or whether she predeceased your uncle. Since you have been contacted by uncle's estate attorney you have... Read more »

There is not enough information in your question to give you a definite answer, but if the total estate is not large enough to pay 100% of the specific bequests to you and your siblings and the charities, then yes you can receive less than 100% of the specific bequest. However, typically all of... Read more »

Transferring property from a husband to husband and wife jointly (tenant by entireties in Pennsylvania) is easy so long as there is not an outstanding Mortgage loan. Just need a new Deed from your father (Grantor) to your father and mother as husband and wife (Grantees). Since the transfer is... Read more »