This is actually not a simple question. You should take this information together with a copy of your divorce decree to an experienced probate attorney in your area. The life insurance company might very well pay the policy proceeds to you, but depending on how the divorce decree is worded,...Read more »
About 6 years ago, my dad went into an assisted living facility and, AT THAT TIME, a lawyer put most of his assets in an Irrevocable Income-Only Medicaid asset protection trust. At the time, costs were reasonable ($3500/month) and he had a good Long Term Care policy. My dad went through with this... Read more »
Except in California (where the lookback period is only 2.5 years), the Medicaid lookback period is 5 years. That means Medicaid pre-planning must be done at least 5 years in advance of the need for long-term care. When it comes to Medicaid pre-planning, an accurate crystal ball is extremely...Read more »
A decedent has no assets, and has not had any for 7 years. He has no will, but he does have a term life insurance policy which names specific beneficiaries rather than his estate. He was a Pennsylvania resident. Does anything legal have to be done concerning his death? Do we need a lawyer?
The primary purpose of probate is to retitle assets. If there are no assets that need to be retitled, then no probate is required. If you get calls from creditors of the decedent, be sure to tell them that the decedent had no assets.
Are you sure you're a surviving beneficiary and not just the alternate payee? If you're the alternate payee, it's quite possible that your payments are supposed to extend only while your ex was living. If you really were kept on as a surviving beneficiary, then you would be entitled to receive a...Read more »
The office of aging claims that she can be legally responsible for them (mother and father). She DOES want to be helpful and a good daughter but does she need to be there 24/7? She has had to leave her job and is a ‘prisoner’ to their home. This is all until they are placed in a nursing home.
My father is predeceased by his parents and has no spouse. His home was signed over to the state of PA in order to pay for medical care, but his belongings remain in the home. After his death, other family members including his sister, brother and step mother have gained access to the home and... Read more »
Unless the state of PA would claim the personal articles, they would potentially pass to you and your sister. In order to get the remaining articles or the ones that were that were improperly taken, however, you would have to open an estate, and the estate would then have to sue. It would...Read more »
House is in Pa. No will can be found. House Owned jointly by deceased and two surviving children. Third child died many years ago, never on the deed. Do the deceased daughter's children inherit anything?
My mother passed away shortly after changing her will to place my step-father as beneficiary/executer and placing myself (only natural child) and included my step-sister as contingent beneficiaries upon his death. He had a will made up saying the same.
You can get a copy of your mother's will from the court where her estate is being probated. A will cannot be changed by anybody but the testator. After the testator dies, it cannot be changed by anyone at all.
However, if your stepfather inherited your mother's entire estate outright,...Read more »
No one other than a spouse is, by law, granted rights in an estate. Therefore, in answer to your question, yes, it can happen. If the dad wrote a Will in which the daughter was excluded, that Will is enforceable.
I want to ensure my 2 sons eventually acquire the cabin and acreage. Although I have a basic Will noting my sons are to receive my 1/2 ownership, can my Brother do the same to ensure his ownership doesn't go into probate to his wife and subsequently leave the original family, or is there something... Read more »
If your deed did not convey to the two of you as joint tenants with rights of survivorship, you each own half as tenants in common. That means that each of you can pass your respective interests by Will. However, in Pennsylvania, as in most other states, a spouse is protected by being entitled to...Read more »
There are a few key facts missing here, first being WHO is the Executor? The Executor has an obligation to administer the estate, which includes keeping the beneficiaries informed as to the status of the administration. If the lawyer is the Executor then you certainly have the right to ask him or...Read more »
My dad was an attorney in PA and passed away in 2012. His law practice was still open when he got sick and he passed his open estates on to another attorney. They had a signed contract with a breakdown of how much was coming in from each estate & what percentage each of them would receive. It... Read more »
The estate owed me money for cleaning out my mothers home and I was paying all her bills including her credit cards because she had no will and since I lived with my mother my siblings were telling me I had to pay for everything , well I did I found out when I got a lawyer that I was not bounded to... Read more »
Sorry to say, but more information is needed. In general, however, just like under a will, such distributions are usually not "automatic". There is a process to be followed. With a will, the process is called probate. With a trust, the process is called trust administration.
In PA, Marital asset being willed to another family member and account has a Transfer on death to another family member. If the surviving spouse is not left 1/3 of assets can they elect a 1/3 if it’s a TOD? Financial investment guy says it doesn’t matter if the surviving spouse doesn’t get... Read more »
The spousal election is taken against all of decedent's assets as a whole, and not against individual assets. The statute is specific as to what assets are included in the election, and it also excludes a few. The eligible assets are NOT limited to probate assets. For example, jointly held...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.