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Pennsylvania Probate Questions & Answers

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on

Q: Questions about ownership of a house

We have a house that was transferred from my grandparents. The deed reads as:

(Dad's name), a married individual, (my name) a single individual, (brother's name), a single individual, as joint tenants with right of survivorship and not tenants in common. (herein called "Grantees")... Read more »

Peter N. Munsing answered on May 23, 2019

JTWROS means whoever survives owns--it isn't something that an estate gets. So you are the owner. 2014/7 deals with a situation where the property isn't titles the way this was.

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on

Q: I am looking at being revoked of my probation for smokong marijuana. What exactly does that mean

And what options do i have to not lose years of my life over this? I have completed everything that probation has asked of me. I have nothing but paying my fines and showing up left as a criteria. I stopped smoking successfully before this time has been harder for me and has taken longer than last... Read more »

Peter N. Munsing answered on Apr 19, 2019

I'm not hearing why they think you did. Assuming you didn't tell them you did, it may be from a bad urine screen? You have a right to know why. Suggest you contact an attorney. They shouldn't be bouncing you for just that.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on

Q: Pa. Father dies during divorce decree (final order 2008) cause has been established more than two years separated

Legal division of assists. Father gets homestead he dies 30 days before order is distributed. Mother is benefactor of his will, she is informed in 2010 hearing that she cannot inherit or take elective share due to final divorce decree. Mother dies in 2015 father died 2008. C3 children get fathers... Read more »

Elizabeth Tarasi answered on Jan 23, 2019

..."Executor comes along in 2016 for mother’s estate claiming owner ship of fathers house lower court gives it to them." The house would go to mothers ..."real or residual remaining"....

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on

Q: What are the procedures for a West Va. estate to transfer the interest in Pennsylvania real estate to WV beneficiary?

Decedent has a 1/3 undivided interest in 22.86 acres located in Mercer County.

Elizabeth Tarasi answered on Nov 7, 2018

The estate has to transfer the deed to the beneficiary

2 Answers | Asked in Estate Planning, Environmental and Probate for Pennsylvania on

Q: Is it typical for an attorney to charge for managing an estate as well as doing litigation for asbestos claims ?

Both of my parents are deceased but we still get some awards from asbestos litigation. These funds are all the estate they had. The attorney wants to get his share from the litigation and then charge an additional 9% to manage each estate. The lawyer is in Baltimore.

Elizabeth Tarasi answered on Oct 31, 2018

yes that is the practice

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1 Answer | Asked in Probate for Pennsylvania on

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

What is the longest time...

Kathryn Hilbush answered on Sep 26, 2018

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... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania 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

She resided in PA. She had no beneficiaries listed on the insurance policies. Should I probate, not probate and collect the monies as her sole heir, or just sign the monies over to the Pennsylvania for estate recovery? The insurance company stated that if I did not probate her estate that they... Read more »

Elizabeth Tarasi answered on Sep 23, 2018

The insurance policy usually names a benificiary. Generally you do not probate when the only assets are insurance policies.

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Pennsylvania on

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?

I lent my mom the money about two years ago, When I asked her for it back she said that she spent the remaining $25,000 last week, $25,000 is all I was asking her give back to me. The original total my gram left me was $37,000. She is now refusing to pay me back. How can I get back the money my... Read more »

Cary B. Hall answered on Aug 21, 2018

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...
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1 Answer | Asked in Divorce, Civil Litigation and Probate for Pennsylvania on

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

their daughter took my copy of their, now closed divorce agreement, and refuses to give it back.

Cary B. Hall answered on Aug 2, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on

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

I’m on unsupervised probation in the state of Pennsylvania for 1-23 months and my fines will be paid by the end of the week. The conditions allow me to “travel” out of state freely. It also says to notify my probation officer if my address changes. I plan on talking to him tomorrow about... Read more »

Cary B. Hall answered on Jul 23, 2018

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... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on

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

My father was a liver transplant patient and he was also my grandma's care taker whom he lived with. I believe it was 2008 my grandma became very ill and we thought we may loose her so in an effort to save my dad from any issues with his disability/SSI he hired an attorney to draft a special needs... Read more »

Elizabeth Tarasi answered on Jul 22, 2018

I would need to read both wills and the trust to answer your question.

1 Answer | Asked in Probate for Pennsylvania on

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?

Elizabeth Tarasi answered on Jul 19, 2018

You can probate the will. Any tax or penalty will depend on what the value of the assets

2 Answers | Asked in Wrongful Death and Probate for Pennsylvania on

Q: One of my sisters was named as the executor of my mother’s will.

That sister opened a wrongful death suit against the nursing home my mother died in. From attorney answers online I was told that the settlement is supposed to be split up between all my mothers children. No one is in contact with the sister who opened the case and her children have said that she... Read more »

Elizabeth Tarasi answered on Jul 18, 2018

According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death... Read more »

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1 Answer | Asked in Probate for Pennsylvania on

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

Want copies of death certificate 2 of them but someone said he inharrited something from his parents that die but they not telling me for wat they need it i should know i am his only daughter they lived in salinas puerto rico

Kathryn Hilbush answered on Jul 10, 2018

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.

1 Answer | Asked in Probate for Pennsylvania on

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

Mark Scoblionko answered on Jun 24, 2018

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... Read more »

1 Answer | Asked in Probate for Pennsylvania on

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

The only charges were possession of paraphernalia and possession of marijuana. It wasn’t a DUI or anything

Cary B. Hall answered on Jun 15, 2018

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...
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1 Answer | Asked in Probate for Pennsylvania on

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

John B. Whalen, Jr. answered on May 28, 2018

... 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...
Read more »

1 Answer | Asked in Probate and Estate Planning for Pennsylvania on

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

She also left her car to a granddaughter. The woman's daughter is the executor and has health problems. The son has been paying the mortgage and the utilities in the house. It has been 8 months and the will has not yet been probated. Is the house considered part of the Estate,and should the... Read more »

Kathryn Hilbush answered on May 18, 2018

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.

1 Answer | Asked in Family Law, Divorce and Probate for Pennsylvania on

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

My dad served my mother divorce papers in 2015. She never signed but the 2 year separation period was up. Judge granted divorce on those grounds. My dad found out he was terminally ill. Assets were never split. He recently passed. Do we take my mom to court so the assets can be split up like they... Read more »

Kathryn Hilbush answered on May 12, 2018

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... Read more »

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on

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

I live in pa, my sister in ny

Mark Scoblionko answered on Apr 18, 2018

You must consult a lawyer and open an estate in order to be able to sell the house and distribute the proceeds.

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