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.
Due to the nature of my moms sudden... Read more »
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 »
any resources to find an affordable estate lawyer in Pittsburgh, PA
You will need to hire an attorney. I’m in the Pittsburgh area and am happy to help you. Beth Tarasi emt@tarasilaw.com 412-391-7135
Your question cannot be answered without having a lawyer look at the relevant paperwork. However, I will give you a conditional answer, based on several scenarios:
If the bank account was a joint account, and if your father died before your grandmother, his interest in the account would... Read more »
His girlfriend was excuator and my daughter received nothing not even any personal belongings. Can this happen?
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.
Does the PA lawyer need to see the whole trust? Can I just do a quit claim?
The PA lawyer should see the entire trust so that you can be properly advised. In all likelihood, you can just do a quit-claim deed to the trust. However, you need to speak to a lawyer first.
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 »
I am the beneficiary of my fathers estate but not the executor. Can I have the laywer give me an account of what he has put out and taken in through the estate and what so far he has done?
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 »
File a complaint with the State Bar of Pennsylvania.
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 »
You really should discuss this with your lawyer, who knows this case and your situation better than anyone in this forum.
It is stated in the trust that the property passes to a named beneficiary. Does title immediately pass upon death, similar to how it would in a will?
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 »
My grandfather left my brother and I legacies so that we can attend/complete college. He also left us some money in his will. He recently died and we are concerned that our parents, who we are not close with, may try to steal that money. Can they legally access this since we are legal adults? Are... Read more »
There is no way to answer your question without seeing the relevant documents. My standard advice is hire a probate attorney to petition the court to appoint you as executor. That will smoke out the will. Or not. Your parents might try to "disappear" the will because that is better for them. In... Read more »
by court decree in 2000. Beneficiary now listed as owner on county website. Bank, sole trustee, wants to sell MI2. Beneficiary not in favor. Orphans’ Court proceedings where Petition to Authorize Sale of MI2:
a) Describes the decree of 2000 as, "Pursuant to Decree of this Court dated …... Read more »
Regarding the property you can PA1, it would be very rare, unusual and unexpected for a court to order it back into trust after it has already been distributed. I would say the risk of that is extremely low.
Regarding MI2, this probably is all taking place within the same original case... Read more »
Money was from a malpractice suit that occurred during the marriage. She placed the money in stocks and bonds and she set it up to go to her family upon death. Can a marital asset be willed away from a spouse at death? We used funds from the account for a down payment on a second house and have... Read more »
In the event of death, a spouse may will their assets to anyone, however, the spouse has an elective share of 1/3 of the assets. This means that if your spouse leaves you less than 1/3, you can elect against the will to get the 1/3 of the assets.
I know that I need a small claims affidavit. What does the state of PA require? I seen online an affidavit, via notary stamp only and I could have it filed and stamped by the clerk of courts. Does the notary have to be from PA for form notarization?
You need a copy of the death certificate. You need something from a court showing that you reperesent the estate of your family member.
No spouse, one other biological child.
I am going to restate this slightly to make sure I am reading this correctly. It appears that Decedent had a biological child that was then legally adopted by separate parent(s). Under PA law it is clear that the Child will inherit from the adoptive parent(s) but will NOT inherit (under intestacy... Read more »
In the event of a Triggering Event Consisting in the death of Grantors, or an intent to gift, lease, extend options for use or purchase or other transfer of beneficial interest in the surface estate to the Premises to anyone other than a Grantor, prior to effecting any such transfer, Grantors, or... Read more »
It depends on a number of factors, such as whether this is a private agreement or it is on the record. If it is not on the record, then it would not be enforceable AGAINST a buyer or a mortgage holder because they had no notice of it, but it still would be enforceable against the Grantor for... Read more »
I live in California, my mom passed in Pennsylvania. My mom passed away in 2010 and her boyfriend at the time was trying to get me and my sister to sign over all of my moms assets to him so that he can take care of my half brother and sister At the time I was very young, me and my sister ended up... Read more »
... hello ...
... go to the Register of Wills where the Estate was probated ...
... it will probably be archived but they will be able to help you ...
... you may have waited to long to do anything, but good luck ...
John
I am looking for information regarding the removal of a statement in my deed that my grandmother (Grantor) would now like to have removed. The following is what she is wishing to have removed. "Reserving unto the Grantor a life estate in the within described property." This deed was done in... Read more »
The actual process of removing the life estate is fairly simple (for an experienced real estate attorney, anyway), but it should not be done without legal advise as to income tax, property tax and other implications, such as the effect this might have on Medicaid pre-planning.
I dont have the will. The wife omitted me from his obituary.
The answer depends on what your father's will says and the age of the daughter. He might have left everything to the daughter. He might have left everything to his wife. Or he might have done something else. Hire a probate attorney in the vicinity of the town where your father lived when he... 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.
