My moms ex BF was removed from the deed, he willingly signed off. 2 years ago she added me to the deed with her. Now the ex BF is in Hospice and his daughter is inquiring about the house. Does she have any legal right to it since he willingly signed off of the home?

answered on Sep 1, 2023
When an Estate is created under PA law, either by probating a will, or a guardianship, etc., the new personal representative can 'reach back' for up to four years to recover transfers of assets that did not return "fair market value" the one whose property makes up the Estate.... View More
My father recently passed. His lawyer (now deceased) held the original signed will (unsigned copies were with my father and me). I reached out to the lawyer who inherited the files. He confirmed as the successor, pledged to check for the files, and communicate further. Regrettably, he failed to... View More

answered on Aug 24, 2023
It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More
Haven't processed will due to copy issue and dad’s lawyer passing. Short form delay could cost tax savings.

answered on Aug 22, 2023
It appears, from your post, that your are both the sole heir and the named Executor in the Will. As a matter of practice, it is always best that the named Executor/Executrix have the original, or a duplicate original, of the Will, inasmuch as it is the named personal rep who is responsible for... View More
Haven't processed will due to copy issue and dad’s lawyer passing. Short form delay could cost tax savings.

answered on Aug 22, 2023
Just a P.S. Financial accounts, whether at financial institutions, insurance companies, brokerage houses, or the like, can be contractually required to make payments to a named, authorized joint account holder (right of survivorship) or other designee. The requirement of a short form by your... View More
Haven't processed will due to copy issue and dad’s lawyer passing. Short form delay could cost tax savings.

answered on Aug 22, 2023
if all of the accounts are POD or TOD or have named beneficiaries, then there is no need for you to probate Will and get Short Certificate.
if your father forgot to designate a POD or TOD or Beneficiary on one of the accounts you may still be able to avoid probate if the amount in that... View More
My brother is Power of Attorney and has moved his family into the property He was supposed to sell the inheritanted house doesn't have the money to pay He is taking loans out on property

answered on Aug 16, 2023
As an heir facing these complex legal issues, it would be advisable to consult with a real estate attorney. A real estate attorney specializes in property matters and can help protect your interests as an heir. They can provide guidance on the actions of the Power of Attorney, ensure that your... View More
My brother is Power of Attorney and has moved his family into the property He was supposed to sell the inheritanted house doesn't have the money to pay He is taking loans out on property

answered on Aug 17, 2023
If you inherited the house, you should revoke the POA you gave to your brother and list the house you inherited for sale yourself.
A POA only lasts until you revoke it or die. If your brother is not doing what you want, revoke your POA so he no longer has your authority to do anything with... View More
The apartment has a lot of my things and I’m moving at the end of the month

answered on Aug 11, 2023
The authority of an executor to enter an apartment you shared with your mother as a beneficiary depends on the specifics of the situation and the terms of the will. Generally, an executor has a responsibility to manage the estate's assets, which may include securing property and belongings.... View More
The apartment has a lot of my things and I’m moving at the end of the month

answered on Aug 11, 2023
As in every other jurisdiction, an appointed Executorix/Executor is charged with the responsibility for collecting, inventorying, and distributing/selling all assets of the Estate.
Your question leaves out most of the relevant facts here (have you blocked the Exec's access, what does... View More
I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.

answered on Aug 6, 2023
If the parents owned the property as joint tenants with right of survivorship, or as tenants by the entireties, the mother acceded to full ownership of the real property upon the father's death.
If the real estate was owned as tenants in common, and there was no father's Will, the... View More
I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.

answered on Aug 6, 2023
(Continued) If your mother took full title at your father's death (joint tenancy or tenancy by entireties at his death), then at the later death of mother, you as only child took the entire real estate.
Speak to an experienced PA lawyer about your issues, and share the prior Deeds and... View More
The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More

answered on Aug 2, 2023
I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.
So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.
The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More

answered on Aug 2, 2023
As a follow-up, from your question, I assumed that the Will naming you as Executor has been presented to and accepted for the opening of a probate case by the Registrar of Deeds/Probate Court.
However, even absent that fact, there is judicial precedent in PA that real property passes to the... View More
Moving from Maryland to New Holland, PA soon.

answered on Jul 27, 2023
I agree with my colleague that you've started out well in Justia (you can find PA lawyers who have done many in PA, as have I).
Many life insurance companies, hoping to sell you whole or term life or health insurance, or disability insurance, or whatever, provide "form"... View More
A beneficiary was named in a Pennsylvania will. The will went to probate in PA courts, but the beneficary died before the probate and any gifts were distributed. It had been over 1 year and 6 mts since Probate started. The executor is stating that the beneficary will not receive the gifts... View More

answered on Jul 22, 2023
The timing of probate would not be relevant unless there is something in the Will that would make it relevant. If the beneficiary was living at the time of death of the Testator and survived for any survival period required by the Will, the beneficiary would be entitled to the bequest. If the... View More
A beneficiary was named in a Pennsylvania will. The will went to probate in PA courts, but the beneficary died before the probate and any gifts were distributed. It had been over 1 year and 6 mts since Probate started. The executor is stating that the beneficary will not receive the gifts... View More

answered on Jul 22, 2023
The key to the answer to your question is the wording of the Will admitted to probate. If the Will states that the beneficiaries take PER STIRPES, meaning, roughly, "branch", then that beneficiary's Estate, wife and children or heirs will take the inheritance. If the Will does not... View More
He required round the clock nursing care so was in a nursing home. My sister had POA and we had to liquidate his assets to pay medical bills. One investment firm, Putnam, refused to recognize the POA while he lived, and even though our father passed in 2009, they still hold onto this one remaining... View More

answered on Jun 4, 2023
I agree with the prior answer by counsel, with a caveats.
When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of... View More

answered on Jun 1, 2023
The simple answer to your simple question is "No". A quitclaim deed merely transfers whatever interests the grantor has in the realty, not the personalty.
The more difficult question, perhaps, is what all is realty and what is not?
In PA, generally speaking, items so... View More
my brother filed Chapter 13 bankruptcy. The bankruptcy was dismissed in 2020 due to lack of payment and unfiled paperwork. It appears from the bankruptcy paperwork he did file that he did not mention the inheritance (possibly because he didn’t know what the final amount would be). It’s now... View More

answered on May 15, 2023
As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).
For that reason, I recommend that you proceed to... View More
My mortgage is paid and I am without any debt.
I do not want any government interference.

answered on May 6, 2023
Your outcome rests largely with the type of trust you choose. If you retain powers over it, e.g., to terminate it, name a trustee, amend it, etc., whatever you place in the trust will most probably be includable in your Estate. If you divorce yourself from a long-term trust, no retained powers,... View More
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