The answer to that question depends on additional information that you would need to provide. However, I can say the Medical Assistance laws provide protections for a spouse that would include the marital residence if the healthy spouse is residing in it. You mentioned that you are separated, so...Read more »
Only 1 heir (me), no mortgage, no debt either side. mom is 82., dad passed in the fall - sister passed 25 yr ago (not married). I live 1 hr+ away. She just got a settlement from asbestos suit, so do not have to use home for equity to help with monthly bills and taxes for the time being - not... Read more »
They have been separated for 10 years and he was in a accident a while ago and deemed incompetent. She lived a rough last year, and just passed away. His family is now trying to take the estate. What can I do?
You need to consult with a lawyer to examine the deed. If you and your mother own the home as joint tenants with right of survivorship, her interest would pass to you automatically, but it will cost you 4% inheritance tax on her portion. If you own the home as tenants in common, her interest...Read more »
Just trying to get some advice. My boyfriend lives with his grandfather. His grandfather has no will and was just diagnosed with stage 4 brain cancer. We live in PA so there's no next to Kin laws. He does own a house but with mortgage. His mother and Aunt believe they can come in and take... Read more »
I am not sure what you mean when you say that Pennsylvania has no next of kin laws. There is a statute, commonly called the Intestacy Act, which provides what happens in an estate where there is no Will. In the circumstances you have described, if the grandfather has no Will, all of his assets...Read more »
I live in Pennsylvania, northampton county... I'm currently in a long term relationship (11 1/2 years). It has been extremely mentally abusive. I want out and am trying very hard to get out. However, he has always had the upperhand, and still does, to point that I look and at times act insane... Read more »
Have lived/ cared for nearly 5 years. Her Will states that my brother and I inherit the house 50/50. Upon her death, he wants to sell it and split the money. Will I have any legal grounds to continue to live there as 1/2 of home owner or can he force me to sell right away?
The Will would have to be examined by a lawyer. If your mother truly left the house to the two of you, your brother could bring an action for partition to force a sale. Under any circumstances, you would be obligated to pay fair rental during the time you remain in the house. If your description...Read more »
Mom has assumed that she would do as asked and divide all money equally. It seems that this is not her intention. Mom has no will and has dementia. FYI, my mother's own money is used to pay her bills and expenses that come with her hospice care. My sister does put in more time because she... Read more »
My Father-in-Law is 90 yrs. old and has dementia. Back in 2014 he received a "Notice of the Recall of your Driving Privilege" He has not sent his license in and thinks he can still drive. What is the financial penalty or is there a financial penalty for not sending his drivers license in.
I may have proof of misuse of agents money & credit card. I have some e-reciepts that could prove it. Plus, I was in the previous will and I KNOW my mother was coerced into cutting me out of the new will. She was being taken advantage of by the principal. Mom had alzhiemers and was very... Read more »
You need to file a contest with the register of wills. You also should contact an attorney who handles estate litigation. Generally, Pennsylvania Courts feel bound by the will if the person had a time of clarity when they made it. Don't focus on things like the executor giving you your...Read more »
The person with dementia lives in a carehome. Her son who lives in the house that she owns was not paying the property tax for 3years, the tax bureau was ready to auction the house due to unpaid taxes. When the legal guardian found out about it, she immediately called the tax bureau and paid the... Read more »
It will depend upon whether you simply have signing power or if the account is a joint account. If it is a joint account, the money will become yours. If it is not a joint account, an estate will clearly have to be opened, and you will need a lawyer. If you check with the bank, they will tell you...Read more »
My mother named in her will my brother to be executor, durable power of attorney for her finances and healthcare/advanced directives. My brother announced in the second week of July he was moving out of state to build a new house and retire. My mother then tried to change her will and have me to... Read more »
I am not sure what your question is. The fact that your brother is moving out-of-state does not prevent him from continuing to serve as Executor of the estate. If, however, your brother chooses not to continue to serve as Executor, a lawyer can prepare a simple form for him to renounce, i.e., to...Read more »
Gramma gets railroad retirement benefits, my husband gets social security, and I have no income, though I do bring food stamps into the household as part of the two thirds of the food we contribute. She maintains the house, ie a new roof, her car repairs, etc. The utility bills are in her name,... Read more »
It is not really clear what your question is--your "rights" as to what? Generally, without some type of contract, you would have no rights to anything. If your grandmother were to die without a Will, and if she has no living children, however, you, along with any other grandchildren,...Read more »
will be admitted to a nursing home. They are both collecting S.S benefits and he has a workers comp settlement in a bank in both of their names. We need to know if she is entitled to half of that money from the workers comp and also part of his SS benefits to live on.
Talk to an elder law or estate planning lawyer about your situation.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible...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.