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The house still has a mortgage on and a 17 year Toyota vehicle with over 200,000 miles on it. They said we would have to pay inheritance tax. We do not have any money to do this and we found out our Mother has not filed for taxes is some years not even sure. The mortgage of the house is more than... View More 
answered on Dec 14, 2017
You should not open an estate, but should forget about the house, the mortgage, the taxes and the Toyota. If you do not open an estate and do not claim inheritance of these things, you face no inheritance tax because you are not inheriting anything. You will have potential liability only if you... View More
answered on Dec 13, 2017
You can try going to the Register of Wills in the county where your father died to see if the will has been probated. If it hasn't, then you need to contact a probate attorney for assistance.
My sister in law (my husbands sister ) always thought her husband was smart so her dad had him be in charge of the money when house was sold. My father in law did not owe the govt or anyone money. House sold July 2017, here it is Dec and he tells his wife that the govt is holding up the money I... View More
answered on Dec 9, 2017
Sounds fishy. It should have gone through the estate so you need to go to the county register of wills for the county where your father in law lived, find out whether they have filed a "distribution", was there a will, etc. Then consult an attorney in that county that handles estate... View More
Just trying to get some advice. My boyfriend lives with his grandfather. His grandfather has no will and was just diagnosed with stage 4 brain cancer. We live in PA so there's no next to Kin laws. He does own a house but with mortgage. His mother and Aunt believe they can come in and take... View More
answered on Dec 1, 2017
I am not sure what you mean when you say that Pennsylvania has no next of kin laws. There is a statute, commonly called the Intestacy Act, which provides what happens in an estate where there is no Will. In the circumstances you have described, if the grandfather has no Will, all of his assets... View More
Can a father take the child away from his mother without the mothers permisssion or court paper stating he can have full custody?
answered on Nov 22, 2017
Depends on what the court order you have says. If you dont have a court order, sure, why couldnt he? You and he are equally entitled to your children. If you are concerned about your children, you need to have an enforceable order in place to protect yourself and your children. Sit down with a... View More
Siblings are being difficult. Lived w/bf for 15 years. Helped raise his son, not adopted. Would marrying bf give him any rights to my inheritance. I do not want siblings to have it.
Mom passed Sept 10, executor filed probate 2 weeks later.
answered on Nov 22, 2017
The per stripes clause in your mom's Will has nothing to do with your question. Since you are living, you get your share. If you want your share to pass to your friend, you need to write a Will, fast. If you marry now and do not have a Will, your share would be divided between him and any... View More
Before our mother passed, she put the deed into mine and my sisters name. My sister hasn’t resided there since our mother passed, she lives elsewhere in the county, she doesn’t get mail at the address, she doesn’t help with upkeep of property nor does she pay any of the taxes. We no longer... View More
answered on Nov 15, 2017
As a co-owner, your sister is responsible for half the taxes and other municipal charges. She is also responsible for half the improvements. However, since you live there, she has the right to receive rent. Possibly, if you were to contact a lawyer and sue her, she would surrender and give you a... View More
My cousins have been living in the house since my mothers' sudden death. She left no will.... I have looked up the property and she is shown as sole owner. I am the only child.
answered on Nov 2, 2017
You should probably first verify if all the real estate taxes are current and if there is a mortgage against the property. If you decide that you want the house, you will need to engage a lawyer and open an estate. You, as Administrator, would execute a deed to you, individually, so that you will... View More
I have lived across from this property for 43 years. Even though we are like family, we are not related biologically. The property originally passed to the two sons and a daughter from their parents, in the 60's and has been split several times with this last piece remaining. The daughter died... View More
answered on Oct 30, 2017
Unfortunately, it is complicated and will be expensive. You need to start by showing a lawyer the deed, all the involved Wills, and certain documents from any estates that were opened.
My wife inherited her deceased mothers house. She is going through probate and the house is still in her mothers name. What are the requirements needed for her to rent the house? Does the house need to be in her name first? Does she need to obtain a license in order to rent. Are there requirements... View More
answered on Oct 25, 2017
Your local borough ordinances are where to start as to whether she needs a certificate of occupancy. Certainly she'd want to obtain insurance, and if she'll be renting it then a slightly different policy is needed. Assuming that she inherits through a will or there are no other people to... View More
I am to get house & nothing else. I want to claim family exemption, to keep some furniture, dishes, pans etc.. The rest is to be divided among 3 siblings. My brother (executor) says this is attacking the will & mom's wishes. Therefore, I receive nothing. Is this possible? PLEASE HELP
answered on Oct 19, 2017
... hello ...
... no - not at all (and whoever is telling you this is - your brother - should not be doing so) ... further - you can claim the Family Exemption in cash ($3,500.00) and also retain some of the personal property as part of your 1/4 residual share ...
... if you need... View More
I have statement and counter checks from the bank. We are talking almost 40 grand and I just need to know if it's civil or criminal and how I can start the process. My grandfather is now deceased and I'm one of the beneficiaries of his estate and the estate lawyer could not advise and... View More
answered on Oct 17, 2017
Sounds like it could be both depending on the exact circumstances. Cases in which someone withdraws money with authorization (such as from a joint checking account) are difficult to prove, so law enforcement may not be interested. You could file a police report and see if they investigate. You... View More
Name in 2014. Dad died in 2015. While at the nursing home my niece and her husband moved in with her. (I live in Georgia). Six months after dad dies stepmother sells home to niece for $1.00. Stepmother has been telling me all this time that the house will go to me and that I am executor of the... View More
answered on Sep 19, 2017
I gave advice to someone with an identical problem but a stepmother. Same advice here with mom.
niece in 2014. Dad died in 2015. While at the nursing home my niece and her husband moved in with her. (I live in Georgia). Six months after dad dies stepmother sells home to niece for $1.00. Stepmother has been telling me all this time that the house will go to me and that I am executor of the... View More
answered on Sep 19, 2017
Doesn't sound like the house went through probate. You need to get the will from whatever lawyer drafted it. If no estate opened you need to get one opened after you speak with an attorney in the county where your dad died who handles estates. First look at the title--was you stepmom listed... View More
My father abused both my mother and myself. He destroyed my life by leaving me for dead at 18 and took my room for a den. He remarried a gold digging viper that's been married 4 times prior. I'm his only child. He's worth millions and has an a large estate. He said he created a trust... View More
answered on Sep 17, 2017
Anyone with a few hundred dollars to petition a court CAN contest a will, but I bet the question you wanted to ask is 'will it make sense for me to contest the will'.
The answer to that is 'probably not'. Unless you can show your father was not of sound mind, or that he... View More
the will clearly state the home is mine
answered on Sep 12, 2017
You need to get a lawyer to set up the estate and or protect your claims.
My mother passed away with no will, and before she signed the house into my name. I have four siblings, three of them are willing to sign off. My other sibling is mentally disabled and is in a home and has been since the age of 5. What steps are going to take place in order to have the house in my... View More
answered on Aug 31, 2017
You need to talk to an attorney who handles estates. Basically, an estate will be set up, and once everyone gets the picture that they have to take care of any taxes, local school board assessments etc they sometimes decide they don't want a share of the house. Or it gets sold and proceeds... View More
My boyfriend and I bought house together and he passed away and left house to me and in order to put in my name need letter of testamentary how do I get one.
answered on Aug 29, 2017
Hello ...
You have to go to the Register of Wills and Probate his Will or (if you are not named in his Will or he doesn't have a Will) you have to have Letters issued to whoever that may be ...
If you provide more information on your situation, I will offer more advice ...... View More
I have since located a life insurance policy through her employer with no beneficiary attached. Can Recoup the policy since I payed for the funeral and I am the executor and beneficiary of her will?
answered on Aug 29, 2017
The newly discovered life insurance proceeds will probably have to be paid into your aunt's probate estate. However, you should check with an attorney in your state about whether or not a small estate affidavit may be used. You will likely have to show (or at least swear under oath) as to... View More
My sister died and in the Will named me executor and left me with everything she owned. she was married but did not leaveher husband of only 12 years nothing. the house was my parents house so she had it before they were married. does he have any rights to anything?
answered on Aug 23, 2017
Your question isn't clear as to jurisdiction. If the jurisdiction is Pennsylvania, then yes, when a person is still legally married at the time of death, then his/her spouse has the right to claim an elective share. Pennsylvania does not allow spouses to disinherit a spouse. Consult with a... View More
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