Pennsylvania Probate Questions & Answers
Q: Pa. Father dies during divorce decree (final order 2008) cause has been established more than two years separated
Elizabeth Tarasi's answer
..."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"....
..."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"....
Q: What are the procedures for a West Va. estate to transfer the interest in Pennsylvania real estate to WV beneficiary?
1 Answer
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Estate Planning, Real Estate Law and Probate
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Pennsylvania
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Answered on Nov 7, 2018
Answered on Nov 7, 2018
Q: Is it typical for an attorney to charge for managing an estate as well as doing litigation for asbestos claims ?
2 Answers
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Estate Planning, Environmental and Probate
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Pennsylvania
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Answered on Oct 31, 2018
Answered on Oct 31, 2018
Q: When does an inheritance have to be received in Pennsylvania?
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.
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
Elizabeth Tarasi's answer
The insurance policy usually names a benificiary. Generally you do not probate when the only assets are insurance policies.
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
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in
Civil Litigation, Estate Planning and Probate
for
Pennsylvania
on
Answered on Aug 21, 2018
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.
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
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in
Divorce, Civil Litigation and Probate
for
Pennsylvania
on
Answered on Aug 2, 2018
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...
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
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.
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
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Estate Planning, Real Estate Law and Probate
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Pennsylvania
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Answered on Jul 22, 2018
Answered on Jul 22, 2018
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's answer
You can probate the will. Any tax or penalty will depend on what the value of the assets
You can probate the will. Any tax or penalty will depend on what the value of the assets
Q: One of my sisters was named as the executor of my mother’s will.
Elizabeth Tarasi's answer
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 actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...
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 actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...
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
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.
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 .
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.
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.
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.
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.
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...
... 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.
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.
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?
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.
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
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.
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
Mark Scoblionko's answer
You should either listen to your lawyer or engage a new lawyer for a second opinion.
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
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.
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.
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