There are too many unanswered questions at this point. You need to visit with an attorney familiar with probate process as soon as possible. If , as you describe, the brother hand wrote the Will, then it probably does not qualify as a valid Will in PA. You then have to look at the PA Intestacy... View More

Estates are properly probated in the order in which people died and in the place where they died or held real property. If someone died without a Will, the estate is administered in an heirship proceeding. Contact a local probate attorney in the county in which the first of your parents to die... View More

Whether or not your grandfather had a Will has nothing to do with the obligation to open an estate and pay inheritance tax on all assets. Similarly, an estate will have to be opened for your father.

I'm not sure what you mean by "over ride". If you mean can you becomes executor instead, you'd have to either gain her consent or fight over it in court. I don't do estate law but I believe when a person dies intestate and someone applies to be the executor, notice is given... View More

Possibly. It depends on a number of factors, including whether he had continued her as the beneficiary or alternate payee , on the pension. You should sit down with a local attorney knowledgeable in estate law to discuss this further. I am assuming that there was no divorce action filed. If there... View More

I suppose but this is an estate and probate question which ended up in family law. Try posting it again and perhaps the computer will assign it to the correct group of attorneys for a more thoughtful answer.

Yes, you can take her to court.....not really small claims court..but orphans court.

First things first, if you do nothing you are GOING to lose the property, so it does make sense to investigate this before it is too late.

More to the point, you have answer some questions (was there a will, who can act as the personal representative and most importantly, was your... View More

If you are the named beneficiary on the life insurance policy, you are entitled to the benefits.

The non-owner has neither rights nor obligations, just by virtue of being the decedent's spouse. Thus, the non-owner is not responsible for the property, but the non-owner also has no right to continue to occupy it and would have to move out.

However, if an estate is opened and the... View More

Maybe. How was the house titled? What is the difference between the debts owed and the value of the assets? If he owes more than he owned, let the creditors fight over the assets and evict the girlfriend. If there are more assets than debts and you stand to gain financially, you need to decide if... View More

What is your question? What sort of 'problems'? What does the estate plan say SHOULD be happening that isn't? Do you disagree with the estate plan or think the bank's actions don't comply with the estate plan?

Even if you answered the 'missing' questions,... View More

I am sorry to hear of your situation.

If there are NO debts and NO assets, why would you need probate? No, it is not needed because there is nothing to probate. Don't be too quick to assume this though, as it makes sense to do a search for 'abandoned' property either through... View More

An estate will have to be opened. If your dad had a Will, the house passes in accordance with the Will. If there is no Will, the house passes to your mom and any children. If everyone wants your mom to have the house, the children can give up any rights to the house. This is called... View More

If you are not provided for in your husband's Will, if he predeceases you, you have the right to file an election to take against the estate. If he has only a single child, you would be entitled to claim half the estate. The pension would be potentially controlled by any earlier property... View More

You will need to pay all costs of administration, debts and inheritance tax before proceeds can be distributed. If you wish to keep the house, you may be able to re-finance and use the cash to pay those items. You need to get legal advice to help you with this.

You need to engage a lawyer to act on your behalf in order to force her to give you the information you are entitled to and to protect your interest in the assets of the estate.

This is, unfortunately, a complex problem.

If the deed is in the names of both grandparents, title would have passed to the surviving grandparent by right of survivorship. An estate would now have to be opened for the surviving grandparent. If there was a Will, the Will would have to be... View More

It sounds like he is blowing smoke. The person who signed the contract is responsible, as is the decedent's estate. If he had any assets, the funeral director can submit a claim to the person who is the administrator or executor of the estate.

If there is no estate, or there are no... View More

An attorney will need to see the Will that established the testamentary trust and examine the trust provisions. Most likely there are provisions that determine what should happen. What will happen to the property probably depends on the terms of the testamentary trust and the nature of the... View More