answered on Sep 28, 2022
The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may... Read more »
Here are the details. Sister and I inherited house from father (no mortgage or liens), no will, we started probate, we payed the inheritance tax, we got a new deed created with both our names on it, and we agreed that we both were going to continue living in the house for the next year or 2, but we... Read more »
answered on Sep 22, 2022
If that "new deed" to both of you has been executed and recorded, then the property is no longer part of the probate estate.
If the two of you are unable to come to some agreement about what to do with the property, either one of you can file a partition action in court, that... Read more »
My Dad never updated his will but he left everything to his girlfriend and she said she is going to distribute everything between her and the 3 children evenly. Wondering about taxes and if I should get an attorney to make sure it’s done fairly. 350k+ in assets and investments mostly... Read more »
answered on Aug 14, 2022
Not sure how to read your question, but if you mean by "never updated his will" that your dad DID have a will and his girlfriend received everything under the will, then you will definitely want to meet with a PA estate attorney. if the will is probated and the girlfriend does not file... Read more »
We Plan on living in the house for at least the next 2 years. The recorder of deeds aid that we need to get a new deed created and that any title company can do it. About how much does this whole process cost? I know there is an $83 recording fee. And what is required or needed to create a new... Read more »
answered on Aug 11, 2022
You indicate that you inherited the house. How you inherited it will determine if the process is simple or a bit more complicated. If your father's Deed was joint deed with you and your sister (Joint with Right of Survivorship) it may be as simple as filing a PA Inheritance Tax Return to pay... Read more »
answered on Aug 5, 2022
If by "listed" you mean that you have signed a Signature Card with the bank, then you currently have the power to write checks/make withdrawals.
However, if you are listed as a "joint, with right of survivorship", and you pass before the other on the account, your... Read more »
Father-In-Law passed away in December, there is only his wife (my mother-in law) and my wife (his daughter) surviving him. My Wife is the executor. There's no mention to where it goes in will. Only thing the will says is that the house is left to his wife (my mother in law) and that his... Read more »
answered on Aug 4, 2022
Under PA law, the appointed executor's duty is to implement the expressed intent of the testator, as expressed in the probated Will.
If an asset of the testator is not disposed or bequeathed by that Will, it is for the Court, not the Executor, to determine the testator's... Read more »
My stepmother had a life estate for my father’s house , with my sister, stepsister and myself being the remaindermen. Whereas that arrangement is specified on his will, I’m not sure if it is reflected on the deed. I called the county clerk but she said she could not give me the info. How can I... Read more »
answered on Jul 26, 2022
Hire a PA attorney to search the Title and tell you the status. Real Property can be conveyed by a Probated Will, in addition to Deeds, Court Orders, Heirship, Tax Sales and Adverse Possession.
My stepmother recently passed away. My father had granted her a life estate for his house, with the remainder interest to be divided between my sister, myself, and my stepmother's daughter. What is the process that we now need to go through to sell the house and divide the proceeds. The lawyer... Read more »
answered on Jul 25, 2022
You and your co-heirs need to know what the County record/Registrar of Deeds shows where the real estate is situated. If that record shows the grant from your father to step-mother, remainder to you and heirs, it is probably sufficient to file/record a Certificate of Death of your step-mom.... Read more »
answered on Jul 23, 2022
A Pennsylvania attorney could advise best, but your question remains open for three weeks. It's difficult for attorneys here to offer their services to you to fulfill your request. This forum isn't set up like an attorney referral service. The format here is basically Q & A. One... Read more »
The "wife" died and house was in both names. Would common law marriage be able to apply in this circumstance when there is no will that everything would go to the "husband". My research on internet looks like yes it can as long as they were together before 2005. The lawyer... Read more »
answered on Jun 17, 2022
Pennsylvania law says: "No common-law marriage contracted after January 1, 2005, shall be valid." If the couple were together since before 2005, there MAY be a common law marriage. However, validity of a common law marriage requires more than just living together for a certain period of... Read more »
answered on Jun 14, 2022
First of all sorry to hear of your diagnosis. Second, you should not make any hasty decisions right now. There are many considerations involved in the transfer of your assets or designations of beneficiaries, and you should gather your information and meet with an experienced estate planning... Read more »
Funeral expenses will be paid by family members. He had less than $250 in the bank, and once Social Security re-claims the pro-rated portion of his monthly benefit paid at the beginning of the month, there will be insufficient funds. There is no life insurance, property, vehicle, etc. Can the... Read more »
answered on Jun 2, 2022
As a practical matter, if the credit card issuers are notified by letter that your father is deceased, there are no assets available to pay their bills and the family is not raising an estate administration, the likely result will be they will write off the balance. To the extent there is any... Read more »
Both my sister and I are over 18 oh, and my father passed away. We both have been living in the house helping take care of him. He told us that both my sister and I would be getting 50% of the house. We have not been able to locate a Will anywhere, and I know we are supposed to pay inheritance tax... Read more »
answered on May 24, 2022
There are too many unanswered questions right now to give you a specific answer in this type of forum, but you are fortunate that there are no mortgages or liens on the house. You should meet with an experienced estates attorney to assist you in opening an estate administration (since there is no... Read more »
I am the only child of their only child and they have no siblings left alive. My father who was their only child died 20 years ago. They had no will.
answered on May 19, 2022
Your question is not specific enough to answer. What are “death benefits?” Is this life insurance, real estate, etc.?
As a general proposition, a portion of estate assets would ordinarily go from one grandparent to the other and a portion would have gone to your dad, unless your... Read more »
The great aunt has a will and the executor is her niece. Does she need to include this in her will? should we do a deed transfer now so we avoid the most taxes? what is the best route to avoid the 15% inheritance tax?
answered on May 19, 2022
If your great aunt wishes to continue owning the home and car until she dies then she would need to revise her Will to include both of these assets as specific bequests to you.
Your great aunt can gift the house and car to you now if she is comfortable with transferring title to you. As... Read more »
Does this make the estate bankrupt and is the wife then liable to pay outstanding bills?
answered on May 3, 2022
Although all joint accounts pass to the surviving wife by law, and avoid probate, and therefore are not included in the probate estate which would be available for husband's creditors, the question as to whether the surviving wife could be liable to pay deceased husband's creditors... Read more »
My parents helped my sibling(1) buy a house and also provided money to make improvements - new roof, bathroom(s) remodeled, etc. Now both my parents are incapacitated. My other sibling(2) has power of attorney over both of them, and used the power to re-title the property in sibling(1) name only,... Read more »
answered on Apr 27, 2022
In PA, the designated "attorney-in-fact" must always act to promote the best interests, especially financial, of the grantor(s) under the Power of Attorney.
Upon the scant facts you provide, there seems to be no financial benefit to your parents by forfeiting their long-held... Read more »
In the event of death will the state try to get the property to pay for his services ?
answered on Apr 19, 2022
The VA home purchase benefit entitles the vet buyer to finance 100% of the purchase amount of the property, and consequently, for several years after the purchase, there is little or no equity in the property.
When federal funds (administered by the State) are expended for end of life... Read more »
I live in Louisiana and want to know that she’s not stealing from the Estate. She just contacted me after no contact for 2 months and wants me to help clean out the family house. Am I obligated to comply? Can I charge the Estate a fee to fly up there, car rental, hotel fee since she wants help? I... Read more »
answered on Apr 14, 2022
… hello …
… I have never heard of an executor commission being 10 percent - in Pennsylvania, it has to be “reasonable” …
… you don’t have to help her clean out the house, and being reimbursed would be up to her …
… although your father just passed a month... Read more »
What else needs to be done before I can get the left over money in the account?
Edited: to say their was no will. But yes it was posted in the paper and 1 other place by my lawyer. About 2 months ago
answered on Apr 10, 2022
Assuming you opened a probate case and got the will admitted, PA law requires you to post notice of the estate opening in a newspaper in the county "of general circulation". Creditors of the estate have one year from the date of first publication within which to make a claim against the... Read more »
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