We have a house that was transferred from my grandparents. The deed reads as:
(Dad's name), a married individual, (my name) a single individual, (brother's name), a single individual, as joint tenants with right of survivorship and not tenants in common. (herein called "Grantees")... Read more »
Yes also you need to consult an attorney for this. While the property is in both name there are estate taxes that need to be taken care of and if you are married your wife has an interest. You really need to retain an attorney to get you through this transaction.
If the trust is revocable, you can do a letter to the trustee revoking the trust. If you are the trustee, it would be a letter to yourself, as trustee. The fact that you were the settlor is irrelevant.
You would then change the bank accounts and have to have deeds prepared for the...Read more »
If the real estate is in just her name, you will have to open an estate, presumably with the help of a lawyer. If there are debts, they will have to be paid before the estate could convey the real estate to you. Additionally, there will be an inheritance tax of 4.5% on the value of the land, and...Read more »
... You won't need 2 attorneys ... The main focus should be an attorney well versed in the laws of the state where your mother resides (Pennsylvania) ... That attorney will know how to handle items owned by your mother outside of Pennsylvania ...
Is it OK that my will mentions this trust but I decided not to do it. There was no way to take it out. According to them it automatically does it and they told me to check with my state to see if it matters that it says there is one and I don't have one.
eldest son. I would like to add a clause that if my neither my spouse nor my eldest son are unable or unwilling that the responsibility would go to my youngest son. Can I just add an addendum myself to the document or do I have to have all new documents drawn up? I live in Pennsylvania. Thank you.
We purchased the property from our grandparents prior to their passing long before either of us were married. Previously, my brother was advised that in the event of divorce his wife would not be able to acquire ownership as it was property he held prior to marriage, and she has contributed... Read more »
You would need a lawyer to review your deed and advise you.
As a general principle, if your deed says that you own the property as joint tenants with right of survivorship, if one dies, the property passes automatically to the other deed holder. On the other hand, if the deed says...Read more »
Our fathers will has a residue clause, if anyone predeceases me, his share be given to his then living issue, per stirpes, & in default of any such issue to be divided equally between survivors named above, (my sister & me) Does this include executor responsibilities, since my father has passed?
Apparently you father's will didn't name an alternate executor. In that case, a new one will have to be appointed. You and your sister and agree as to which of you may take that role or ask that one be appointed by the court. You can serve as co-executors as well. I highly recommend that you...Read more »
My 18 year old daughter is the court appointment administratrix of her grandfathers estate. He died intestate. She is the only living relative besides step-children who we were told are not entitled to his estate.
Our lawyer is telling us we need to get homeowners insurance on the home... Read more »
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.
Orphan's court and file for probate. She had a 401K, we haven't been able to see the will. He's already moving assets and removing her from accounts, she died 2 months ago. Do we (her children) have any rights to see the will to find out what is in it?
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....Read more »
Father died, mom was in nursing home. Turned in discharge for home-base care.Under the advice of an attorney, mom transferred her interest in property to me. 3 wks latter I received petition by SNF attorney to have mom adjudicated incapacitated. Went to hearing and explained to master we were in... Read more »
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...Read more »
Both of my parents are deceased but we still get some awards from asbestos litigation. These funds are all the estate they had. The attorney wants to get his share from the litigation and then charge an additional 9% to manage each estate. The lawyer is in Baltimore.
New deed to be brother and his wife joint grantor to their 2 children (my nieces). If I just drop off do I have to worry about gift issues? Should I sell my interest for $1 and if so should contract be with all parties?
She resided in PA. She had no beneficiaries listed on the insurance policies. Should I probate, not probate and collect the monies as her sole heir, or just sign the monies over to the Pennsylvania for estate recovery? The insurance company stated that if I did not probate her estate that they... Read more »
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