My mother passed away last year, and we didn’t have any issues with inheritance, except for a 1099 showing dividends from an employee stock plan. The account is very small, so it would be more expensive to probate it then it’s actually worth. We’d like to simply ignore it, but we know we’ll... Read more »
No but before you decide not to did you look under unclaimed money on the Treasurer's website? Look under both her married and maiden names.
https://www.patreasury.gov/unclaimed-property/
Also if she had a car you want to pass title to, a house you would need to open a simple... Read more »
then ignore said beneficiary requests for an explanation?
The powers of any Trustee are prescribed first by the wording of the Trust document itself, augmented by the powers specified in the PA statutes.
To answer your question correctly, a lawyer would need to examine the wording of Trust document.
Are there any rules governing what a Trustee must do to ensure they know what IS & IS NOT in the beneficiaries best interest and act accordingly?
Entire books have been written on this subject, and this has been the subject of numerous lawsuits across the country. There is no simple one-size-fits-all answer, I am sorry to say. If you have a particular action in mind and would like legal advice regarding that, you should consult with an... Read more »
Four of us inherited, one of the executors gets a life estate and 40% share of assets and the remaining three get a 20% share of the estate. My siblings took their share of the money last May but the executors will not release my check until I sign off on my acceptance of 20% share of the home... Read more »
It sounds like your executors are attempting to settle the estate with a Family Settlement Agreement which is the most common way to settle a small estate. If you are not in agreement with the proposed settlement you, as a beneficiary, have a right to request a formal accounting of the estate.... Read more »
My sister-in-law is executor of mother's will. She has not paid inheritance taxes since mother’s death in 02/2017. She will not even have conversation about will. I have been told that my wife, who is sister and co beneficiary in mother’s will, should get a lawyer to help with this issue.... Read more »
First of all are you sure there is a Will? If your sister-in-law claims there is a Will, and that she is named Executor, and if she has done nothing to date your wife has some options, and she needs to meet with an experienced estate attorney to see what option is best. If you think there is a... Read more »
My dad passed Nov 2020 and the bulk of the estate goes to my dad's 2nd wife. I'm listed to receive the vacation home. I haven't read nor have received a copy of my Dad's will, the lawyer just read only the portion pertaining to me. Step mom is executor and hasn't offered a... Read more »
As far as a copy of the Will, the executor is required to send you a notice that you are a beneficiary of the Will, and describe your bequest. Most executors provide a copy of the Will, but unfortunately that is not required and your executor has chosen not to send a copy. Her attorney is correct... Read more »
One person said to use C & G assessment value instead of fair market value to compute inheritance tax. True?
PA inheritance tax on bequests to child/children is five percent. When that is paid, the property enjoys a "stepped up basis", so that on a subsequent sale of the property, any capital gain is computed as the difference between the stepped up basis and the sale price, both for PA and... Read more »
My understanding of Will is I own 1/3 . Will siblings need my signature to sell house ?
The simple answer is- yes. Your siblings cannot sell/transfer your interest in the real estate if you are a record owner of it. However, if the property is held in a pending probate case, the executor/administrator may have a power to sell the property, subject to notice to all heirs at law and... Read more »
The executrix had the house demolished and is selling the property through a probate lawyer. What do I need to do to start the process, what documentation is involved, is this handled through the court? I made a verbal offer which was accepted but that’s all so far.
You need to make an offer in writing. The estate will accept the offer in writing. It is a good idea to retain an attorney to assist you with the closing on the property. It is a good idea to get title insurance.
He was living with his girlfriend at her house at the time of his passing. He has a fairly large gun collection of about sixty or so firearms including some handguns. My brother is the named executor of the estate that he had to file to open. My father's girlfriend is refusing allowing us in... Read more »
First of all since your brother is named Executor he has the responsibility and the authority to collect and protect all personal property of your father. Since you call your brother the Executor I am assuming there is a Will and the girlfriend is either not named in the Will or was not bequeathed... Read more »
Investment worth around a hundred thousand or so. At the reading of the will the sister who was P.O.A and also executor of his will jumped up and said "I am the beneficiary of that" the lawyer tried to explain that Pap wanted the money split 3 ways but she kept saying, I am the... Read more »
... hello ...
... yes she can ... although your father may have wanted it split, a beneficiary designation overrides the Will ...
... good luck ...
... John ...
My mother-in-law died Feb. 2017. Sister-in-law took will to courthouse Feb. 2018. Will was drawn up in Ohio, and does not meet PA standards, she needs notarized statements to authenticate mother’s signature. After 3 year she has done nothing. Court has no records that inheritance taxes have... Read more »
if your sister-in-law "took the Will to the courthouse" I will assume that your sister-in-law is the named executor. if that is the case neither you nor you wife can do anything other than (i) demand that she hire an estate attorney and finish the estate administration (including payment... Read more »
My father in law died in Oct. He owned a home had a life insurance policy and a union pension. He had no will in PA. We are having trouble getting information about the policy, deed for the home, actually ever thing we try is an issue we only have a death certificate. Need probate I believe but not... Read more »
Where there is no will, the PA statutes explain, in detail, who will be the "heirs at law" who inherit a decedent's property.
Whenever real estate is involved, unless it is held in joint tenancy with right of survivorship, and the co-owner survives, a probate is necessary to... Read more »
My son died before he got the trust & the trustee wants the money to be given to the other surviving grandchild. The father wants 1/2 the trust money as a surviving heir. I ( the mother) want it given to the other & only grandchild
i am afraid i am going to have to give you a typical attorney response--it depends, on the language that created the Trust. Most wills and trusts address this question in the document--that is a question that is usually asked of the grantor (creator of the trust) and is usually addressed, first by... Read more »
I am a joint owner on my mothers checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). I now have no way to pay for her funeral. I was under the assumption that creditors would... Read more »
Please see my answer on your January 6, 2021 posted question which is the same as this question.
What was left for me can I get it back or is it too late to do anything
You will really need to sit down with an experienced estate attorney to review what has happened so far. Since dad died in 2019, you should have been formally notified whether an Estate was going to be opened. If dad had a Will you would receive Notice that an Estate was opened and you were a... Read more »
My father is unresponsive and deteriorating. This was unexpected and he doesn't have a will. My parents are divorced and I am the oldest of his 2 adult children. He owns a trailer in a mobile home park and a former girlfriend is living there. My father was living there originally but got an... Read more »
You will have to hire a lawyer and open an estate. Either all of the siblings must serve as co-administrators or the other siblings can sign a renunciation form so that you can serve as the sole administratrix.
If the lot is rented to your father, even though she pays the rent, once the... Read more »
executor of his estate or how can I become the executor.?
In intestate (no will) cases, an Administrator, or Personal Representative, not an Executor, or Executrix, is appointed,
But each serves the same fiduciary function, to gather up and maximize the value of the estate for the benefit of the legal heirs.
The PA statutes designate the... Read more »
My significant other , added my name to his checking account prior to his death ,on 9/21 2020 .
He added my name to the account 9/15 2020. I closed the account few days after death transferred the money to my account , we both had the same bank. He had No will , no other assets . I... Read more »
In PA, transfers of assets as gifts within 8 years of the date of death are considered to be "in contemplation of death", are by law are included in the taxable estate of a decedent.
The PA "death tax" has no exemptions, and taxes the very first dollar in a... Read more »
The bankruptcy will not be discharged until next year. The trustee is receiving monthly payments and that cannot be paid off early. Is it possible to transfer the title to the name executor of the will WITHOUT the will being registered?
Even if the son on the title IS the executor?
No. Not possible.
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