Mark Scoblionko's answer You need to review this with a lawyer. However, if you write a Will and leave your interest in the LLC to her and, at the same time, insert a provision in your Operating Agreement to express that that is your intent, you should be able to accomplish this.
Remember that there will be an inheritance tax on the value of the LLC that passes to her, and you must provide for that.
You can also review with a lawyer if it makes sense to have the LLC jointly owned between you and her....
Peter Munsing's answer If there is a will it should be probated. Ask for the name of his attorney; tell him if he won't tell you you hate to do it but you'll have to hire one. If the 401k has someone else as beneficiary he can't change that. Assuming you are all adult, then her will governs. He can't play keep away. Another way is to force it --if you have an older will see about probating that then he'll have to provide the newer will. But you all really need to see an attorney who handles estates in the county...
Cary B. Hall's answer I'll be honest . . . your situation is way too complicated to get a competent answer here. You really need to sit down with an attorney who practices regularly in the Orphans' Court, and discuss your situation in detail with him/her. At that point, you can pose your question. And you should do this immediately as there are surely deadlines and time limits in the current court litigation.
Cary B. Hall's answer When litigation is filed -- including mortgage foreclosure cases -- the named Defendant must be served with the suit papers in a particular way, and there is a time limit for this to occur. If service is not made within this initial time period, the Complaint must be "reinstated" or "reissued," and then the time limit starts over for the Plaintiff to try to serve the suit papers again.
Cary B. Hall's answer You may have to sue your mother in civil court -- although if she has no money in which to satisfy any civil judgment against her, all you'll be left with is the judgment paper itself at the end of the day. Perhaps she'd be willing to enter into some kind of repayment plan?
Michael Cherewka's answer It is unclear from your summary whether your mother had a Will or not. These are very fact intensive and time sensitive issues. In general, based on your description above, if your mother was alive when your uncle died, and your mother was a beneficiary of his estate at the time of his death, then your mother died after your uncle, but before his estate was distributed, your mother's estate would receive the distributions from your uncle's estate.
Michael Cherewka's answer Under the circumstances you describe, since your mother survived your uncle, she was entitled to her share of your uncle's Estate when he died, and once she died any distributions from your uncle's estate would typically be made to your mother's estate. There are some limited exceptions to this general rule. You may want to consult an attorney to see if any apply in this case.
Mark Scoblionko's answer I don't know what your question is. The fact that the daughter holds a Power of Attorney is irrelevant. That would not give the daughter the right to remove those things without her mother's consent.
Michael Cherewka's answer It is unclear from this summary if this is a Will and a separate agreement which is a combination of a sale and gift, or if this is all set forth in a Will. In general there is nothing wrong with a partial sale/partial gift, but as you have described it there are a lot of questions regarding if there are other provisions to equalize the estate if your brother exercises the right, who pays the inheritance taxes on the value of the property, etc. since your Mother expressed an intent for the...
Elizabeth Tarasi's answer According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...
Mark Scoblionko's answer Although that is probably correct, to give a definitive answer a lawyer would have to review the Will. However, even if it is correct, if your mother is doing okay, it probably makes sense to re-write the Will.
Kathryn Hilbush's answer Unfortunately your question went out to consumer and family law attorneys. Your theory sounds logical but the best way to fully understand what has happened and what needs to be done is to consult with an experienced probate and estate law attorney. I would assume that estates will have to be opened for your cousin and his mother. Did the mother leave a will? If so, you'll certainly one to provide a copy to the attorney when you meet.
Once your mom died, the Power of Attorney is no longer valid. If she had a Will, you need to have a lawyer probate the Will to open an estate. Whoever is designated as Executor/Executrix would be appointed as such. The house would then be distributed as provided in the Will.
Note that there will be inheritance tax and administrative and legal fees associated with handling of the estate. You could be forced to sell the house to address...
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