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... View 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... View More

Not sure that a Family Settlement Agreement is appropriate here. There is no probate estate. However there will most likely be PA Inheritance Tax due on the account balance. Once the 2 beneficiaries receive the balance of the account and pay or set aside the PA Inheritance Tax they are free to... View 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... View 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.... View More

The heirs aren't personally responsible, but the property is.

Typically after the passing of a borrower with a reverse mortgage, there are 3 options:

- Heirs purchase the property and/or refinance the loan to pay off the mortgage

- The estate sells the property if... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023

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 or not you would receive your mother's share will depend on the wording of your uncle's Will and may also depend on whether your mother survived your uncle and then died, or whether she predeceased your uncle. Since you have been contacted by uncle's estate attorney you have... View More

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... View 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... View 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... View More

Transferring property from a husband to husband and wife jointly (tenant by entireties in Pennsylvania) is easy so long as there is not an outstanding Mortgage loan. Just need a new Deed from your father (Grantor) to your father and mother as husband and wife (Grantees). Since the transfer is... View More

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... View More

David Kennedy Bifulco Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

Not sure why your daughter was rushing you to sign a Will or Trust prior to her wedding. And it is unclear if it is your attorney or her attorney that advised to wait until after the wedding to sign your documents (and has not scheduled the signing yet). I would step back, take a deep breath and... View 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... View More

Peter Christopher Lomtevas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

In Pennsylvania, there are very many judicial tricks one can pull to deprive a loved one of money, property and family. Using certain words that trigger judicial reaction based on a policy or an assumption about the public will work wonders. The simple act of filing petitions and not serving the... View More

Uh, NO.

A SSN assists in verifying your identity, like your bank account info is important to distribute trust income periodically, but it (neither) has nothing to do with a grantor's choosing to make a trust either revocable or not.

Probate his will.