Get free answers to your Probate legal questions from lawyers in your area.
answered on Feb 8, 2017
Yes, of course a house can be sold while in probate. The personal representative/executor needs to prepare the home for sale and sell it through a listing, private sale or any other method available that will produce the best return.
If you are unsure what to do, the BEST practice is to... View More 
Two people jointly own a property with right of survivorship. One person dies . The deceased son inherits all the deceased assets . Does he now own half of the property?
answered on Feb 7, 2017
Under the hypothetical you gave, the surviving joint tenant would be the sole owner of the property. If that surviving joint tenant was not the son, he would own no part of the property.
Example: If Dad and stepmom owned the property as joint tenants with right of survivorship and Dad... View More
The taxes on the land are only $5 a year. I don't know if it would be better to keep it until they pass or try to sell it now. I am the POA. I figure it can't be worth much if the taxes are so low. It is in New Mexico. They are in their 90s and are in decline.
answered on Feb 6, 2017
Chances are if there is real property in two states, you will need to begin probate in the 'home' state and open an 'ancillary' probate in the other. SOME states allow you to simply use the letters of authority from a 'foreign' state to sell property, but that is not... View More
Since I'm not the mother of his kids I'm not sure how the inheritance law in PA will divide this house between us. We had no children together and this house doesn't need to be sold. His daughter and I are the Estate Adminstrators
answered on Jan 30, 2017
By law, the children get two-thirds and you get one-third. You do not have to pay inheritance tax on your third, as a spouse, but the children will be subjected to a 4.5% inheritance tax.
If the children demand that the house be sold to generate money to pay the tax, you will have no... View More
My father-in-law and his ex-wife had one daughter (my wife). He also had a second daughter (my wife's half-sister). My mother-in-law's name appears on the deed beside his. Her name was never removed, and there is no information in the divorce decree. There is no will we can find. Even so... View More
answered on Jan 29, 2017
You will need to consult with a lawyer to sort this out.
If both names are on the deed, the question is whether they owned the house as "husband and wife," that is, as tenants by the entireties, or as tenants in common. If the former, the house passes to her automatically, by... View More
My gram died, left father & uncle equal share of house & money. Father died w/out a will (interstate succession) before my gram's estate closed. Fathers wife, sister & I are heirs to his estate. Do we jointly own his half of my grams estate with my uncle. Can one of us evict him... View More
answered on Jan 25, 2017
Your question is missing important facts, but I will do my best.
To begin with, your uncle would potentially have the right to stay in the house only if he pays rent. Half the rent may go back to him, but he is still obligated to pay rent.
With respect to his being thrown out,... View More
I have paid all the taxes and insurance since 2004 myself. In 2012 my sisters grandson moved into the house with no written lease, only verbal agreement. He was aloud to live in the home rent free for two years, at the end of the two years rent would be due in the amount of $500.00/month. He has... View More
answered on Dec 19, 2016
Your question is unfortunately unclear. If the house still remains in the estate, you, as Executor, can act alone. If the estate was closed out and the property was actually deeded to you and your siblings, the fact that you were the Executor is irrelevant. If the house was deeded, the next... View More
answered on Dec 6, 2016
Contact an attorney who handles wills/estate issues in Court (as opposed to estate planning).
My Dad had a will but everything is left to Mom. No probate is necessary for any other assets, as almost everything was owned jointly. How do we get a new deed in Mom's name only? York County recorder has no info about this on their website. Thanks!
answered on Nov 29, 2016
This could be handled by recording a new deed in the name of Mom only. In the deed we would explain why the deed is being re-recorded. This would be an inexpensive project.
I am listed on the family will with 4 other members. Two of them being the executors, can they sell the house without consulting me and sending me a check for half my share with no explantions?
answered on Nov 28, 2016
Read the will. Generally they can, but they have to explain their actions, what they sold it for has to be commercially reasonable. Suggest you contact an attorney and get a confidential consultation.
My sister passed away on Aug. 3rd and I notified the rental management office on Aug. 4th. Her rent was paid up to the end of the month. They said that the lease calls for a 90 day notice regardless of death. I received the rent bill on Nov. 7th along with a late fee and $800 charges for... View More
answered on Nov 13, 2016
If the estate is insolvent, your question is likely academic because there are no assets to fight over. You, as Executor, have no personal liability for estate debts in the absence of mismanagement.
With respect to the underlying question itself, the landlord may be correct that your... View More
Hi I live in PA and my husbands grandmother passed away 2.5 years ago. In her will it states that we are to be the first ones able to buy her house which we have lived in for the last 7 years. His mother who is designated in the will as executress of the will has not done anything legally with... View More
answered on Oct 26, 2016
You are correct in your concerns and your husband's mother is not correct.
The Will must be "probated," which means filing it with the Register of Wills. That will open the estate and your mother-in-law, if so designated in the Will, will be appointed Executrix. As... View More
The lien/HELOC is roughly equal to the value of the house. My sister believes she is entitled to 1/3 (split between her, me and the wife) of the house, I thought under PA law it transfers to the wife of the deceased, especially with his wife's name being on the lien? There was no living will... View More
answered on Oct 16, 2016
First step is look at the title to the house. If the house was in his name only, the lienor has a claim against the estate for the amount which may make the issue pointless if, as you say, the lien is almost the value.
Generally, wife gets $30,000 of the estate. If there is money left over... View More
Property and his bank account. He just met his daughter 2 yrs ago. There was no will but there was an oral agreement to how things were to be handled and I have many witnesses who can verify his wishes. Do they legally have a right obtain his property when I am his beneficiary
answered on Oct 11, 2016
Your oral agreement isn't worth much if she's the daughter. Both of you should contact estate attorneys but chances are an estate may have to be opened if you don't agree. Pennsylvania doesn't have "oral wills"--nor does any state. Even a handwritten letter signed by... View More
My mom had a row house in Philadelphia (that my children and I live in) and a very small stock from her job. No money in the bank. My father and brother were both deceased prior to my mom's passing. I am the executor but I have not been in a good place financially to go through this process. I... View More
answered on Sep 30, 2016
At least get a consultation from a lawyer. Get the death certificate. Get the will. Go to the register of wills. Open the estate.
You will need to get the statements from her bank account, other accounts as of the date of her death to fill out the forms.
Initially, you can go by... View More
Is there anything I can do or is it too late
answered on Sep 28, 2016
The executor has to file a paper with the court to close an estate. That paper should spell out the distribution. Go to the recorder of deeds. Find out what is on the docket. You can petition to have her replaced if the estate isn't closed.
The person lived in Montgomery County. Is this a state or county law? I would like to see it for myself, so please provide the exact statute.
answered on Sep 18, 2016
Did they see the person sign it? If they are just going to say that it looks like the persons signature that will can be contested.
If something shall happen to her
answered on Sep 12, 2016
You need to have a lawyer review your deed. If you and she own it as "joint tenants with right of survivorship," the property would pass from one to the other upon the death of one. If you and she own it as "tenants in common," your half would pass by Will and her half would... View More
answered on Sep 8, 2016
The fact that the son lived with the mother all his life has no bearing on the question. A lawyer needs to be consulted to open an estate. If there is a Will, the Will needs to be filed with the Register of Wills (probated). If an Executor is named in the Will, the Executor will execute a deed... View More
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