My understanding of Will is I own 1/3 . Will siblings need my signature to sell house ?
The simple answer is- yes. Your siblings cannot sell/transfer your interest in the real estate if you are a record owner of it. However, if the property is held in a pending probate case, the executor/administrator may have a power to sell the property, subject to notice to all heirs at law and... Read more »
He was living with his girlfriend at her house at the time of his passing. He has a fairly large gun collection of about sixty or so firearms including some handguns. My brother is the named executor of the estate that he had to file to open. My father's girlfriend is refusing allowing us in... Read more »
First of all since your brother is named Executor he has the responsibility and the authority to collect and protect all personal property of your father. Since you call your brother the Executor I am assuming there is a Will and the girlfriend is either not named in the Will or was not bequeathed... Read more »
Investment worth around a hundred thousand or so. At the reading of the will the sister who was P.O.A and also executor of his will jumped up and said "I am the beneficiary of that" the lawyer tried to explain that Pap wanted the money split 3 ways but she kept saying, I am the... Read more »
... hello ...
... yes she can ... although your father may have wanted it split, a beneficiary designation overrides the Will ...
... good luck ...
... John ...
In Pennsylvania the estate attorney's fee is negotiated with the executor of the estate. There are court cases with guidelines as to calculation of the fees. I have never heard the fees being calculated as a percentage of the inheritance taxes paid by the estate.
My mother-in-law died Feb. 2017. Sister-in-law took will to courthouse Feb. 2018. Will was drawn up in Ohio, and does not meet PA standards, she needs notarized statements to authenticate mother’s signature. After 3 year she has done nothing. Court has no records that inheritance taxes have... Read more »
if your sister-in-law "took the Will to the courthouse" I will assume that your sister-in-law is the named executor. if that is the case neither you nor you wife can do anything other than (i) demand that she hire an estate attorney and finish the estate administration (including payment... Read more »
My father in law died in Oct. He owned a home had a life insurance policy and a union pension. He had no will in PA. We are having trouble getting information about the policy, deed for the home, actually ever thing we try is an issue we only have a death certificate. Need probate I believe but not... Read more »
Where there is no will, the PA statutes explain, in detail, who will be the "heirs at law" who inherit a decedent's property.
Whenever real estate is involved, unless it is held in joint tenancy with right of survivorship, and the co-owner survives, a probate is necessary to... Read more »
I am a joint owner on my mothers checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). I now have no way to pay for her funeral. I was under the assumption that creditors would... Read more »
Please see my answer on your January 6, 2021 posted question which is the same as this question.
What was left for me can I get it back or is it too late to do anything
You will really need to sit down with an experienced estate attorney to review what has happened so far. Since dad died in 2019, you should have been formally notified whether an Estate was going to be opened. If dad had a Will you would receive Notice that an Estate was opened and you were a... Read more »
I am joint owner of the bank account and will be the estate executor and now have no money to pay for funeral.
Edit: The Joint checking account and credit card are both with the credit union. I am not a cosigner on credit card. My mother passed away last week and upon notification of her... Read more »
... hello ...
... could you kindly elaborate on your concern? ... I am not quite sure what you are asking ...
... John
My father is unresponsive and deteriorating. This was unexpected and he doesn't have a will. My parents are divorced and I am the oldest of his 2 adult children. He owns a trailer in a mobile home park and a former girlfriend is living there. My father was living there originally but got an... Read more »
You will have to hire a lawyer and open an estate. Either all of the siblings must serve as co-administrators or the other siblings can sign a renunciation form so that you can serve as the sole administratrix.
If the lot is rented to your father, even though she pays the rent, once the... Read more »
executor of his estate or how can I become the executor.?
In intestate (no will) cases, an Administrator, or Personal Representative, not an Executor, or Executrix, is appointed,
But each serves the same fiduciary function, to gather up and maximize the value of the estate for the benefit of the legal heirs.
The PA statutes designate the... Read more »
If he transfer deed now. Will he need to redo his will, which states his estate is shared among his seven children?
if your dad wants to give his house to your sister he may do so by deed now. He should however meet with an estate planning attorney since the gift of the house may change his mind about sharing the rest of his estate equally among the 7 children (since your sister would then get the house + 1/7... Read more »
you will have to look at the Deed. "Joint tenancy" can be either Joint tenants with the right of survivorship (in which case the survivor of the two joint tenants owns 100% of the property) or tenants in common (in which case your aunt can state in her Will who inherits her 1/2 of the property)
The house is in his mothers name. He never transferred it to his. The house is a Lost cause and will cost more than it is worth. I don’t want the property.
You will need to meet with an estate attorney to review the Deed and your dad's Estate (if there is one). There are several steps you can take to protect yourself, including not opening an estate and having the executor refuse to accept the property, but you will want to review your options... Read more »
The estate was just a bank account consisting of around $76,000, of which I have already paid funeral and state taxes. Additionally, all beneficiaries have received their share.
You do not have to file a 1041 / PA-41 if the Estate did not have any income. Some individuals file a -0- income 1041 and PA-41 and check the "Initial Return" and "Final Return" boxes on the returns to create a record that the Estate did not have any income and will not be... Read more »
My husband (soon ex) and I built a house together 3 years ago. Due to criminal charges and domestic he was evicted from the home and I live here with our children. We are both on the deed as well as his father (who helped us) but I am not on the home loan, just my husband and his father. I just got... Read more »
If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.
How do I proceed to obtain the money in the bank account? It's under $2000.
Unfortunately, if your name is not on the account, you will have to open an estate, and, even more unfortunately, it will likely cost you more than $2,000.00, even under the “small estate” procedures.
My Mother left a Will pertaining that my if my sibling no longer live at resident the house has to be sold.The sibling wasn't living there when the Will was written hasn't live there for over 2 yrs. never changed there mailing address so all the mail goes there,another sibling and... Read more »
This is a case where cannot give you an answer without reading the exact words of the Will. But in general conditions in a Will such as this are enforceable. So if the Will names a particular sibling, and states that the house is to be sold if that sibling is not living there, and that sibling is... Read more »
We have separate wills. I have provided for my son and my husband has provided for his son. If I pass first, would my husbands son receive everything and my son nothing?
You state that you have separate Wills, but it is not clear if you are leaving everything to your husband if you die first (in which case his Will would control all assets when he dies (and vice versa if he dies first) or if you are leaving your husband out of your Will and trying to leave all... Read more »
My husband and I have separate wills. In my will,I provide for my son if my husband does not survive me. In my husband’s will, he provides for his son if I do not survive him. If I should pass first, does everything go to his son after my husband passes and my son does not receive anything?
Your statement of facts answers your question. You wrote, "In my husband’s will, he provides for his son if I do not survive him." Other than that, there is no way for any attorney in this forum to answer your question without actually reviewing your husband's will.
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