This question has too many unknowns at this point to answer in this short space. The three biggest questions are: (i) in what state was mom domiciled (her intended permanent residence) at the time of her death (just because she died in PA does not necessarily mean she was a resident here); and...Read more »
A lawyer would have to review the Will. Generally, if the bequest is specifically limited to the house, since the house would no longer be part of the estate, the bequest becomes meaningless. If, however, the bequest is meant to include the proceeds of sale (which would be unusual), the recipient...Read more »
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 »
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