Pennsylvania Probate Questions & Answers

Q: When does an inheritance have to be received in Pennsylvania?

1 Answer | Asked in Probate for Pennsylvania on
Answered on Sep 26, 2018
Kathryn Hilbush's answer
You might want to try again with this question, giving just a bit more information. Are you asking how long you have to wait before you receive something you inherited? That would depend on quite a few factors, such as what it is, is it being divided among other heirs, is it in a form that would allow it to be transferred to you, is the estate settled, and so on.

Q: My mother passed while she was on medicaid. All she had were 2 small insurance policies ( 5k per). Do I need to probate

1 Answer | Asked in Estate Planning, Insurance Bad Faith and Probate for Pennsylvania on
Answered on Sep 23, 2018
Elizabeth Tarasi's answer
The insurance policy usually names a benificiary. Generally you do not probate when the only assets are insurance policies.

Q: My gram passed away, she left me some money. I lent that money to my mom, she spent it all, how can I get it back?

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Pennsylvania on
Answered on Aug 21, 2018
Cary B. Hall's answer
You may have to sue your mother in civil court -- although if she has no money in which to satisfy any civil judgment against her, all you'll be left with is the judgment paper itself at the end of the day. Perhaps she'd be willing to enter into some kind of repayment plan?

Best of luck to you.

Q: my late husbands, ex wife is still named beneficiary to his psers pension. do I have any right to any of that?

1 Answer | Asked in Divorce, Civil Litigation and Probate for Pennsylvania on
Answered on Aug 2, 2018
Cary B. Hall's answer
Highly doubtful. If you were to receive any portion of his pension, that would've been accomplished during your divorce proceedings -- and by something known as a Qualified Domestic Relations Order (QDRO, pronounced "quad-dro" by family law practitioners). If that wasn't done then, you most likely can't do anything about it now.

You should be able to get a copy of your divorce decree and any property settlement agreement ratified by the court. Contact the Prothonotary's Office of...

Q: Can I move out of state on unsupervised probation? Pennsylvania

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Answered on Jul 23, 2018
Cary B. Hall's answer
Do talk to your P.O. -- he'll know what your local jurisdiction can do (and not do) about you moving away and/or transferring your probation to New York. I think you'll have little chance to terminate your probation early at this point, however. Maybe serve a year of your probation first, and then have an attorney contact the District Attorney's Office for you to inquire about early termination.

Best of luck to you.

Q: Hi.. I have an estate and special needs trust question as the bengiciery. Estate is in Pittsburgh PA

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Answered on Jul 22, 2018
Elizabeth Tarasi's answer
I would need to read both wills and the trust to answer your question.

Q: mom never probated my grandma's will for 14 years...what happens now? can we do it now and what is the possible penalty?

1 Answer | Asked in Probate for Pennsylvania on
Answered on Jul 19, 2018
Elizabeth Tarasi's answer
You can probate the will. Any tax or penalty will depend on what the value of the assets

Q: My dad died last week his family in new york or puerto rico doesnt want to help in expenses but wat i find wierd is they

1 Answer | Asked in Probate for Pennsylvania on
Answered on Jul 10, 2018
Kathryn Hilbush's answer
It's really not possible o give you much help online. I suggest that you meet with an estate and probate attorney in your area and explain the situation. The attorney should know what steps you should take.

Q: What documents are used to relinquish trusteeship of my deceased mother's trust to my siblings. The trust allows this .

1 Answer | Asked in Probate for Pennsylvania on
Answered on Jun 24, 2018
Mark Scoblionko's answer
You need a lawyer to examine the trust instrument and help you. If there is no court order associated with the trust, in all likelihood, you simply need a letter "to whom it may concern," indicating that immediately resign as trustee in favor of your names siblings. You should have your signature on the letter notarized.

Q: I’m on ARD and I wanted to know if I’m able to purchase a firearm since I just turned 21.

1 Answer | Asked in Probate for Pennsylvania on
Answered on Jun 15, 2018
Cary B. Hall's answer
It depends on what your underlying criminal charges are. You should consult with a criminal defense attorney to further discuss -- feel free to contact me offsite if you like.

Honestly, the safest bet is to wait until you've completed ARD and had your record expunged -- but depending on the underlying criminal offense, you may not need to. Again, talk to a criminal defense attorney with a good working knowledge of the Pennsylvania firearm laws. Best of luck to you.

Q: Is the family exemption on rev-1511 funds that the claimant should receive or is something else i do not understand.

1 Answer | Asked in Probate for Pennsylvania on
Answered on May 28, 2018
John Whalen's answer
... hello ...

I believe you are referencing Rev-1500, the Pennsylvania Inheritance Tax Return ... they are funds that are paid from the Estate to the applicable person ...

... Good luck ...

John

John B, Whalen, Jr., J.D., LL.M. is an AV Peer Review Rated Preeminent Attorney and Counselor at Law and is Avvo Rated 10.0 Superb Mr. Whalen has spoken for the Pennsylvania Bar Institute and the Delaware County Estate Planning Council, and has had his legal articles...

Q: A friend's mother died in Sept. 2017 with a will, leaving the house to her son who had resided with her.

1 Answer | Asked in Probate and Estate Planning for Pennsylvania on
Answered on May 18, 2018
Kathryn Hilbush's answer
The family should consult with an experienced trusts and estates attorney to be sure this is done correctly. You can best help them by steering them that way.

Q: Mom and Dad divorce granted but never reached splitting of assets. Terminal ill Dad dies. What happens now?

1 Answer | Asked in Family Law, Divorce and Probate for Pennsylvania on
Answered on May 12, 2018
Kathryn Hilbush's answer
It depends on whether the divorce decree reserved equitable distribution (property division) or not. If it did, then that part of the divorce is probably still unresolved. If it did not, then everyone could have a problem. I suggest that you meet with an attorney preferably with both family and estate law experiniece. Bring along copies of as many of the divorce documents as you can get your hands on, including the divorce decree.

Q: PA. my mom passed, no will,She owned a home (no mortgage). Survivors -my sister and me. We want to sell, can we

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Answered on Apr 18, 2018
Mark Scoblionko's answer
You must consult a lawyer and open an estate in order to be able to sell the house and distribute the proceeds.

Q: I’m co-administrator of an Estate with my sister. She basically has gone out of her way to derail the whole process at

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Answered on Apr 13, 2018
Mark Scoblionko's answer
You should either listen to your lawyer or engage a new lawyer for a second opinion.

Q: Why is a special warranty deed used when adding a spouse in pa

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Answered on Apr 5, 2018
Mark Scoblionko's answer
A special warranty deed is better than a quit-claim deed.

The one dollar consideration is ordinarily referenced, but not paid. However, it certainly can be paid.

The deed does have to be notarized, but an actual affidavit is not needed.

Q: What happens to an estate if there is no will in Pennsylvania

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Answered on Apr 4, 2018
Mark Scoblionko's answer
Where there is no Will, the Pennsylvania intestate law applies. The wife would get a fractional share and the "children" would share the balance.

Q: parents remarried, house in both names in PA, wife passed month before husband, which kids have ownership to house

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Answered on Apr 3, 2018
Mark Scoblionko's answer
If the property was jointly owned by the two parents, the property passes to husband on death of wife and then to the husband's children. If the property was owned as tenants in common, when the wife dies, the husband would get a statutory share (1/3) of her half and the remainder would go to her children. Any share passing to the husband, plus what he already owned, would pass to his children on death.

You should consult with a lawyer for an interpretation of the deed.

Q: Is a19yr old responsible for her deceased fathers medical bills. He died with no llfe/medical insuran

1 Answer | Asked in Family Law and Probate for Pennsylvania on
Answered on Apr 1, 2018
Dawn Padanyi's answer
The deceased estate is responsible for the debt. Debt does not transfer to family members, unless the debt was in some way joint or the family member co-signed on the debt. If the family member is being contacted by debt collectors, she can contact the Attorney General's Office for assistance.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.