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Pennsylvania Probate Questions & Answers
1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: I have a vop out of northampton county from 2011

In 2011 i was put on probation for a misdermeanor in pa i never reported so i violated in 2014 i went to jail in florida did 30 days and paid everything off here in fl o called pa to take care of the bench warrant at the prob office they told me to pay all the costs and then pay the fee to remove... Read more »

Cary B. Hall
Cary B. Hall answered on May 21, 2020

Almost all courts and judges will require your personal appearance to remove an arrest warrant for a prior failure to appear. If you've done all that you say, and the Northampton Probation department has no objection to rescinding the bench warrant, then your chances are probably decent of... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: My mother died Without a will and a joint account with my brother. He refuses to probate the estate. What are my options

My brother says since he shared a joint account with my mother when she passed he is not legally obligated to split the estate and inheritance. And all her money belongs to him. She had no Will from what I understand which means her estate should have gone through the probate process.

I... Read more »

John B. Whalen, Jr.
John B. Whalen, Jr. answered on May 2, 2020

... hello ...

... your question depends on a few other questions that we’ll need the answer to in order to give you the best answer ...

... please feel free to email me ...

John

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2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: Grantor exercised Power of Appointment giving daughter house. Can trustee-brother sell house and place back in trust?

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?

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

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.

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: What are my right's after my mom's death do I have since I lived with her to settle the estate and have to move out

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

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Is there a time limit on probating a will?

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 »

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

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 »

1 Answer | Asked in Divorce, Bankruptcy and Probate for Pennsylvania on
Q: Looking for flat fee attorney to provide referral fee for sales from sellers in property sales from divorce, prob, bkrty
Timothy Denison
Timothy Denison answered on Mar 26, 2020

Check with your local bar association or legal aid society.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother died with no will. My stepsister and my aunt forged my mother's death certificate and took all of her money

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 »

Nina Whitehurst
Nina Whitehurst answered on Mar 15, 2020

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.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mom just passed away. It's only me & my oldest sister left but she refuses to be in contact with me to discuss

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?

Michael Cherewka
Michael Cherewka answered on Mar 12, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If money from deceased’s account goes to the state, how long does it take before a family member can request it?

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 »

Michael Cherewka
Michael Cherewka answered on Feb 28, 2020

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 »

1 Answer | Asked in Probate for Pennsylvania on
Q: I have both a right to survivorship deed and right to survivorship will. Estate is less than 2000.00. Do I need attorney

To file probate or can I use ez probate to file on my own?

Michael Cherewka
Michael Cherewka answered on Feb 25, 2020

There are too many unknowns here to give you a complete answer, but there are some guidelines for you. If you are the survivor on the Deed, you will need to prepare and file a new Deed to show that you are now the sole owner. I am not sure what you mean by a survivorship Will, but if you mean... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: Mother died August 2019. Sister is executrix. There is a will and she and I are the only heirs. To be split 50/50.

I have never received an inventory or accounting and inheritance tax filed. Many items removed by sister without informing me. Would Title 20 chapter 33 subpart a apply to get information.

John B. Whalen, Jr.
John B. Whalen, Jr. answered on Feb 13, 2020

... hello ...

... yes (among other items) ...

... she has an absolute duty to explain and disclose everything to you ...

... I would consult an experienced probate and estates attorney if she has not done so ...

... John ...

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1 Answer | Asked in Probate for Pennsylvania on
Q: I had erred in my question. I was really wondering if Title 20, chapter 33 subpart a 3301 -3305 was applicable.

Contacted the attorney for the estate and he does not respond.

John B. Whalen, Jr.
John B. Whalen, Jr. answered on Feb 12, 2020

... hello ...

... I am very familiar with that statute but I don’t have the beginning of your question ...

... I would be more than happy to assist you ...

John

2 Answers | Asked in Probate for Pennsylvania on
Q: Is it necessary to file a probate in Pa if there is no estate?

My mother-in-law passed away Dec 28, 2019 with a will naming my wife executrix. She had no estate. She did have over $16,000 of debt. Final expenses were prepaid except grave marker which we will have to purchase. She had less than $700 in the bank. There is no life insurance, property or car.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

Nobody is ever required to file a probate. Interested parties usually choose to because they need to retitle assets or, if the interested party is a creditor, the interested party wants to get its debt paid. If there are no assets to retitle in your name and you are not a creditor of the estate,... Read more »

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1 Answer | Asked in Probate for Pennsylvania on
Q: is there a charge to find what it will cost to represent me for a no will estate in phila.pa

My brother and half sister are fighting to be administrator and ask me to sign a renunciation letter

Michael Cherewka
Michael Cherewka answered on Feb 10, 2020

you should check the websites or call local law firms in your area to see what their policies are. many firms that practice in this area offer the initial consultation for no charge

1 Answer | Asked in Probate for Pennsylvania on
Q: Mother died in Pa. With a will. My sister is Executrix. I have asked for accounting and inventory. Nothing received.

Does Title 20 section 3101c? apply in that I can request an inventory? Mother died in August. She (sister) also submitted errant info as part of inheritance tax filing.

Michael Cherewka
Michael Cherewka answered on Feb 10, 2020

Your sister might have filed an Inventory with the Register of Wills at the same time she filed the Inheritance Tax Return. Most estates are not completed until 9 months to a year after the date of death. Most estates are also completed with an Informal Accounting and some type of Release. If... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on
Q: My fathers house is in his will, he has had a stroke and may have to sell his house. What does that mean for the will?
Mark Scoblionko
Mark Scoblionko answered on Jan 29, 2020

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 »

2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Can a child reside in a deceased parent's home, leaving the deceased parents name on the deed and continue to pay school

taxes and property taxes in deceased parent's name?When child gets short certificate, fo they have to report real estate if it's value is $6000?

Can a child continue to live there?

Vincent Gallo
Vincent Gallo answered on Jan 28, 2020

Doing this alone will not denote ownership of the real estate.

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1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: i’m 16 and i got 5 years of probation for trespassing and i’m in pennsylvania, but i don’t think that’s a fair sentence

i was with friends and went into a building that we all thought was abandoned but wasn’t and we all got in trouble with the law and went to court and “all” got trialed the same but me and 3 other of my friends got 5 years of probation but the most culpable friend only got 1 year because it... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 24, 2020

There is literally no way to answer this question. There may be differences in culpability. There may be differences in prior history. There may be differences in family life. There are literally a dozen reasons a judge could sentence one person differently than another. Ask your attorney,... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: If you inherit property through a person's will, can the finance company holding the note refuse to give you information

The finance company has been repeatedly sent a copy of the will, a death certificate and a short certificate and refuses to give any information to the executor, named in the will, or the person who inherited the property.

Michael Cherewka
Michael Cherewka answered on Jan 17, 2020

Difficult to give a complete answer without seeing all the documents, etc., but in general, once the Will has been probated and the Executor is issued a Short Certificate, a financial institution that has a loan with decedent and a mortgage or other lien on decedent's property is obligated to... Read more »

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Ex died, have marriage agreement and quadro signed before he died for 50 percent of retirement. I am alternate survivor

How do I file to enforce quadro order if ex died

Kathryn Hilbush
Kathryn Hilbush answered on Dec 16, 2019

Are you sure you're a surviving beneficiary and not just the alternate payee? If you're the alternate payee, it's quite possible that your payments are supposed to extend only while your ex was living. If you really were kept on as a surviving beneficiary, then you would be entitled... Read more »

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