No one other than a spouse is, by law, granted rights in an estate. Therefore, in answer to your question, yes, it can happen. If the dad wrote a Will in which the daughter was excluded, that Will is enforceable.
I want to ensure my 2 sons eventually acquire the cabin and acreage. Although I have a basic Will noting my sons are to receive my 1/2 ownership, can my Brother do the same to ensure his ownership doesn't go into probate to his wife and subsequently leave the original family, or is there... Read more »
If your deed did not convey to the two of you as joint tenants with rights of survivorship, you each own half as tenants in common. That means that each of you can pass your respective interests by Will. However, in Pennsylvania, as in most other states, a spouse is protected by being entitled to...Read more »
There are a few key facts missing here, first being WHO is the Executor? The Executor has an obligation to administer the estate, which includes keeping the beneficiaries informed as to the status of the administration. If the lawyer is the Executor then you certainly have the right to ask him or...Read more »
My dad was an attorney in PA and passed away in 2012. His law practice was still open when he got sick and he passed his open estates on to another attorney. They had a signed contract with a breakdown of how much was coming in from each estate & what percentage each of them would receive.... Read more »
The estate owed me money for cleaning out my mothers home and I was paying all her bills including her credit cards because she had no will and since I lived with my mother my siblings were telling me I had to pay for everything , well I did I found out when I got a lawyer that I was not bounded to... Read more »
Sorry to say, but more information is needed. In general, however, just like under a will, such distributions are usually not "automatic". There is a process to be followed. With a will, the process is called probate. With a trust, the process is called trust administration.
In PA, Marital asset being willed to another family member and account has a Transfer on death to another family member. If the surviving spouse is not left 1/3 of assets can they elect a 1/3 if it’s a TOD? Financial investment guy says it doesn’t matter if the surviving spouse doesn’t get... Read more »
The spousal election is taken against all of decedent's assets as a whole, and not against individual assets. The statute is specific as to what assets are included in the election, and it also excludes a few. The eligible assets are NOT limited to probate assets. For example, jointly held...Read more »
My grandfather left my brother and I legacies so that we can attend/complete college. He also left us some money in his will. He recently died and we are concerned that our parents, who we are not close with, may try to steal that money. Can they legally access this since we are legal adults? Are... Read more »
There is no way to answer your question without seeing the relevant documents. My standard advice is hire a probate attorney to petition the court to appoint you as executor. That will smoke out the will. Or not. Your parents might try to "disappear" the will because that is better for...Read more »
by court decree in 2000. Beneficiary now listed as owner on county website. Bank, sole trustee, wants to sell MI2. Beneficiary not in favor. Orphans’ Court proceedings where Petition to Authorize Sale of MI2:
a) Describes the decree of 2000 as, "Pursuant to Decree of this Court dated... Read more »
Regarding the property you can PA1, it would be very rare, unusual and unexpected for a court to order it back into trust after it has already been distributed. I would say the risk of that is extremely low.
Regarding MI2, this probably is all taking place within the same original case...Read more »
Money was from a malpractice suit that occurred during the marriage. She placed the money in stocks and bonds and she set it up to go to her family upon death. Can a marital asset be willed away from a spouse at death? We used funds from the account for a down payment on a second house and have... Read more »
In the event of death, a spouse may will their assets to anyone, however, the spouse has an elective share of 1/3 of the assets. This means that if your spouse leaves you less than 1/3, you can elect against the will to get the 1/3 of the assets.
I know that I need a small claims affidavit. What does the state of PA require? I seen online an affidavit, via notary stamp only and I could have it filed and stamped by the clerk of courts. Does the notary have to be from PA for form notarization?
I am going to restate this slightly to make sure I am reading this correctly. It appears that Decedent had a biological child that was then legally adopted by separate parent(s). Under PA law it is clear that the Child will inherit from the adoptive parent(s) but will NOT inherit (under intestacy...Read more »
In the event of a Triggering Event Consisting in the death of Grantors, or an intent to gift, lease, extend options for use or purchase or other transfer of beneficial interest in the surface estate to the Premises to anyone other than a Grantor, prior to effecting any such transfer, Grantors, or... Read more »
It depends on a number of factors, such as whether this is a private agreement or it is on the record. If it is not on the record, then it would not be enforceable AGAINST a buyer or a mortgage holder because they had no notice of it, but it still would be enforceable against the Grantor for...Read more »
I live in California, my mom passed in Pennsylvania. My mom passed away in 2010 and her boyfriend at the time was trying to get me and my sister to sign over all of my moms assets to him so that he can take care of my half brother and sister At the time I was very young, me and my sister ended up... Read more »
I am looking for information regarding the removal of a statement in my deed that my grandmother (Grantor) would now like to have removed. The following is what she is wishing to have removed. "Reserving unto the Grantor a life estate in the within described property." This deed was... Read more »
The actual process of removing the life estate is fairly simple (for an experienced real estate attorney, anyway), but it should not be done without legal advise as to income tax, property tax and other implications, such as the effect this might have on Medicaid pre-planning.
The answer depends on what your father's will says and the age of the daughter. He might have left everything to the daughter. He might have left everything to his wife. Or he might have done something else. Hire a probate attorney in the vicinity of the town where your father lived when...Read more »
the wife didnt notify me of his death, omitted me from his obituary. I am his first born daughter. They met while I was living with dad in high school. She moved in, was his college student at the time .
The court decides who gets to serve as executor. The first natural choice is the person named as executor in your dad's will. Unless someone steps up to prove that person is not qualified, that is who will be appointed.
My parents have house in Florida. My dad died. My mom would like to add myself to her deed. Would I have to pay inheritance tax on this property? My mom also has it in her will the house is mine. She also wants to continue her insurance policy that would be grandfathered to me as well as long as my... Read more »
To advise on the Deed used for the Florida property, it would be best to consult a Florida real estate attorney. Does your mother reside in the Florida house or does she live in Pennsylvania with just a second home in Florida? Additional information would be needed to provide an accurate response....Read more »
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