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.
My father, whom I was estranged from, died in April 2020. I am curious about his will and would like to know its content. I have no idea who the executor is or if there is one. He died in a nursing home. County says no will has been registered at this time. 1) Does someone have to file a... Read more »
Your post shows Oregon as the origin so I will start off by saying probate is state specific, depending on where the decedent resided at the time of death. That being said, in Pennsylvania there is no requirement to probate a Will unless the decedent had sufficient assets to open an estate, and... Read more »
Hi, Here’s my question.
My father has own land in Puerto Rico for about 30+ years Maybe even reaching 40 yrs.
Me my brother and my sister are all adults, we were supposed to keep the land and the house in Puerto Rico after his death.
But he has been married now for quite a... Read more »
This is not the kind of question that you can get a general answer to. Many questions such as does dad live in Pennsylvania or in Puerto Rico. And where were they married? and does dad have a will? you (and dad) will need to meet with an experienced estate planning attorney to make sure dad has... Read more »
In the will it states how she wanted her assets divided among the family which include money she had left in the bank. But however her daughter who has her named on the account refuses to carry out my grandmother wishes is this legal
Potentially, if your grandmother and her daughter were joint owners of the bank account (which is also called "joint owners with the right of survivorship" - check the paperwork that was signed when the account was opened, or when daughter's name was added to the account). In such a... Read more »
My wife and I are both disabled and a disabled 22 year old son whom we need a power of attorney for. Please help poor and have very limited funds where can we get help?
We live in western PA
your local legal aid /legal services should be able to help. Also, your county disabled assistance office may also help.
I am 19 years old. I'm currently living with my 60 year old mother who has stage 4 cancer. I have a 45 year old brother but he is a drug addict and has not come around since the cancer. I'm pretty much my mothers live in maid. I have been trying to organize my mother's affairs for... Read more »
They can't LEGALLY take your things, but whoever is appointed executor of your mother's estate will have the right and obligation to marshall (gather up and safeguard) her real and personal property. If you are appointed executor, then you are safe. If someone else is appointed... Read more »
in the state of Pennsylvania my step dad should be intitled to her estate they have been together for 25 years
state law common law before'05
state law states section code 1103
were just trying to see how to go about it without going to court . and the children giving... Read more »
... Hello ...
... You are correct in all of your statements ... However, I would consult an experience Probate and Estates attorney to review your options ...
... proving Common Law Marriage is very fact specific and establishing it is difficult - especially without going to court... Read more »
my sister and I agree he should . but my brother and younger sister do not. they prefer money over family
so if it comes to it should he get his own attorney?
our attoney my sister and I have didn't tell us about common law marriage. I did the digging and found it now Im... Read more »
All would have to agree or you and your sister would have to make gifts from your shares.
they walked down the aisle but the lience ran out. does common law stand for them. we have an attorney but he failed to tell us about common law marriage in Pennsylvania. we want him to be include my mom loved him dearly.
is there any information aside from section1103 im missing
thank you
In all probability, the most efficient way to do that would be to distribute the estate to the children and for the children to then gift to your mother’s partner whatever portion of the estate the children wish him to have. There will be a 4.5% inheritance tax on whatever passes to the... Read more »
Grantor still alive, Pennsylvania. All other assets divided evenly. Trustee-brother wants to sell, put back in trust so that he can take HALF of proceeds of house upon grantors death instead of daughter getting 100%. Commingling?
It is not possible to answer your question without reviewing all of the relevant documents and verifying that the grantor had capacity at the time and had not Ben subjected to undue influence, but if all of that is true then no, brother cannot change grantor’s desired disposition.
like so many legal questions "it depends". The questions are what type of trust is it (revocable or irrevocable), is the beneficiary a lifetime beneficiary, and is the beneficiary a vested beneficiary or a contingent beneficiary. You will have to start with the family lawyer and if he... Read more »
I lost my job because of taking care of her my siblings left me to make all the decisions for her care now they want their inhierentence it's only been a month
If there was a Will, the Will controls. If there is no Will, you and your siblings have equal authority and equal responsibilities. You also get equal inheritances. However, you have the right to claim a “family exemption” right off the top because you lived with her. As I recall, that is... Read more »
My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »
Since I just answered your last question and you are now asking if there is a time limit on probating a Will, I will try to read between the lines and fill in the missing pieces.
It sounds like, when grandfather died, you never probated the Will and thus never got a deed from the estate,... Read more »
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