A Will, once admitted to probate, and surviving any challenges to validity, distributes assets, and pays debts, existing as of the date of death.

If, prior to death, the testator transfers property to others, then that transfer, assuming it is not invalid, diminishes what is owned at death.... Read more »

a Special Needs Trust can be created either in a Will, in which case it is not funded until the death of the Grantor, or can be created during the lifetime of the Grantor, in which case it is usually funded (at least partially) when created, and additional funds can be added during the lifetime of... Read more »

While a family settlement agreement always seems like a good idea in probate/post-death matters, with the facts provided, I doubt that one is even necessary. The two named CD beneficiaries are free to share/dispose of their distributions however they like. No court approval seems necessary, on... Read more »

The beneficiaries are those who benefit from current or future distributions from the Trust.

The Trustee is the one charged by the Trust documents with managing the assets, seeing to all administrative obligations (tax returns, etc.), and making distributions, all in accordance with the... Read more »

Directly, no, unless one or more of the heirs has signed a guarantee with the provider(s) of health care for the deceased.

An argument may be made by the creditor, however, for heir-liability, in the absence of a guaranty, if any of the heirs claimed the decedent as a dependent during life.... Read more »

The answer depends on the reason you deposited those funds. If the reason was just to open the account or maintain a minimum balance to avoid fees, then yes. If it was for some other reason, then the answer is you should ask your probate attorney.

Whether your mother is a distributee of the uncle's will depends upon how the uncle's will reads. It's common for Wills to include alternate provisions for named heirs who predecease the testator, and your great-uncle's will may well redirect the bequest to your mother when she... Read more »

There is not enough information in your question to give you a definite answer, but if the total estate is not large enough to pay 100% of the specific bequests to you and your siblings and the charities, then yes you can receive less than 100% of the specific bequest. However, typically all of... Read more »

Easy to transfer title ownership.

Your father can sign a deed from himself to both his wife and him, and probably as joint tenants, with right of survivorship so that when one dies, the other owns the entire property automatically. He then records the deed. There will be a fee for that by... Read more »

Your friend has every right to change his identification of "next of kin" with the bank any time he wants and your signature is not required.

PA has a "fraudulent transfer" statute, to defeat the give-away of assets by a debtor or soon-to-be debtor intending to make himself "judgment proof". The reach-back period to recapture transfers of property for insufficient consideration is four years.

You don't... Read more »

David Kennedy Bifulco Esq.
answered on Dec 2, 2022

Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have... Read more »

Since your mother had a 401k plan, she should have designated you as beneficiary (or one of several beneficiaries) to receive the account. If she did not designate at least one beneficiary, then your mother died Intestate (without a will) and Fidelity is describing a Small Estates Petition in... Read more »

You haven't provided all the necessary information, e.g., where is the probate proceeding in your mom's case, and are you the named and acting Executor under the will, and has the will been accepted/admitted into probate?

If you are the named Executor, you can procure Letters... Read more »

There is a concept in marital law about "separate property of each spouse, meaning property acquired by each prior to the marriage, or by will or gift after the marriage.

A will transfers no property until the death of the testator, and until then, can always be changed so long as the... Read more »

The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may... Read more »

If that "new deed" to both of you has been executed and recorded, then the property is no longer part of the probate estate.

If the two of you are unable to come to some agreement about what to do with the property, either one of you can file a partition action in court, that... Read more »

Not sure how to read your question, but if you mean by "never updated his will" that your dad DID have a will and his girlfriend received everything under the will, then you will definitely want to meet with a PA estate attorney. if the will is probated and the girlfriend does not file... Read more »

You indicate that you inherited the house. How you inherited it will determine if the process is simple or a bit more complicated. If your father's Deed was joint deed with you and your sister (Joint with Right of Survivorship) it may be as simple as filing a PA Inheritance Tax Return to pay... Read more »

If by "listed" you mean that you have signed a Signature Card with the bank, then you currently have the power to write checks/make withdrawals.

However, if you are listed as a "joint, with right of survivorship", and you pass before the other on the account, your... Read more »