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 »
My mother has no beneficiaries on her financial accounts. The Will states that she bequeaths $10,000 to each of her grandchildren. There are 4 (four) grandchildren; the remainder divided equally among her 3 (three) children. Therefore, very difficult to specify beneficiaries. The Will states that I... Read more »
it is difficult to answer a specific question like this without knowing all the facts, but in general if there are no beneficiaries on the accounts they will go into the estate and the will controls the distribution. you have a number of ideas including trusts for minors which suggest your family... Read more »
The house is co-owned by his girlfriend of 20 years and she was named the owner in the will and on the deed. I did not inherit the realestate. I am his son and the executor of his estate. I keep getting conflicting information on what is supposed to happen and I'm getting very confused.... Read more »
First of all, if you have not already done so, you need to consult a lawyer to represent the estate.
Inheritance taxes are obligations of the inheritor, not of the estate. Most often, however, a testator writes a Will that shifts that tax burden to the estate. Thus, the first question is... Read more »
We would be the only trustees on the trust.
there are a number of open questions here. Is there a mortgage on the home? Is the Living Trust in your name only or is it a joint living trust? also, a caution. the PA Department of Revenue is reading Living Trusts very closely and taking a very narrow view of what qualifies as Living Trust... Read more »
My stepsister forged my mothers death certificate by saying she is my deceased mothers child, but in fact she is not related to my mother at all. The funeral director knowingly lied also, as he had conducted my step sisters mothers funeral a few years before my mother died. I was out of state... Read more »
All of the acts you describe are wrongful, and the law does supply remedies for such wrongful acts, but you are going to find it very difficult to pursue your remedies on your own. Start by scheduling an appointment with a probate litigation attorney in the vicinity of where you mother had lived.
Anything with me regarding my moms arrangements or her personal belongings. What can I do to force her to give me my half of my moms belongings and deal with her final arrangements?
Very difficult to give you a complete answer with so little information. In general, if your sister fails to be in contact with you you can file a Petition with the Register of Wills (you are probably Lebanon County) to be appointed Administrator of your mom's Estate. Since your sister is... Read more »
My aunt passed and as her POA I wanted to take care of her bills and get a grave marker but found out that my “duties” ended at death and I could no longer access her account. She has $1700 between her bank account and the money that will be returned from the nursing home. Her husband and... Read more »
You are going to have to meet with an attorney experienced on estate administration to help you figure out this one. the summary above raises a lot of questions. If there are grandchildren alive they are first in line to become the Administrator of the Estate. If the funeral bill needs to be... Read more »
Is the answer the same if mortgagee is a private company or individual? Is the interest that will be paid by the Trust tax deductible against its rental income from the property?
It is not possible to answer this question without reviewing the mortgage instrument. Take it to a real estate attorney for review along with a copy of the trust instrument.
(i) Her permanent address was in PA for the last three years. (ii) Assets were bank account, stocks, and bonds. No real estate. (iii) Revocable trust domiciled in Virginia.
This question has too many unknowns at this point to answer in this short space. The three biggest questions are: (i) in what state was mom domiciled (her intended permanent residence) at the time of her death (just because she died in PA does not necessarily mean she was a resident here); and... Read more »
A lawyer would have to review the Will. Generally, if the bequest is specifically limited to the house, since the house would no longer be part of the estate, the bequest becomes meaningless. If, however, the bequest is meant to include the proceeds of sale (which would be unusual), the recipient... Read more »
He has cash in escrow, debtors to pay and a property to sell or settle with beneficiaries.
I am not sure what your question is. If you are dissatisfied, you can make an appointment with another lawyer for a second opinion.
he never changed the beneficiary. Am I still the beneficiary?
This is actually not a simple question. You should take this information together with a copy of your divorce decree to an experienced probate attorney in your area. The life insurance company might very well pay the policy proceeds to you, but depending on how the divorce decree is worded,... Read more »
About 6 years ago, my dad went into an assisted living facility and, AT THAT TIME, a lawyer put most of his assets in an Irrevocable Income-Only Medicaid asset protection trust. At the time, costs were reasonable ($3500/month) and he had a good Long Term Care policy. My dad went through with this... Read more »
Except in California (where the lookback period is only 2.5 years), the Medicaid lookback period is 5 years. That means Medicaid pre-planning must be done at least 5 years in advance of the need for long-term care. When it comes to Medicaid pre-planning, an accurate crystal ball is extremely... Read more »
A decedent has no assets, and has not had any for 7 years. He has no will, but he does have a term life insurance policy which names specific beneficiaries rather than his estate. He was a Pennsylvania resident. Does anything legal have to be done concerning his death? Do we need a lawyer?
The primary purpose of probate is to retitle assets. If there are no assets that need to be retitled, then no probate is required. If you get calls from creditors of the decedent, be sure to tell them that the decedent had no assets.
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