This issue, and your questions, should be addressed to your probate attorney.

In PA, every personal representative, whether executor named in a probated will or and administrator, both appointed, and entrusted, by the court, is required to file an Inventory of all estate assets. That... View More

with life insurance policies if there are no named beneficiaries the policy proceeds will be payable to your father's Estate. If your father had a Will, then the Executor named in the Will can probate the Will, open an Estate and then collect the proceeds from the insurance company. If your... View More

It is fairly simple to renounce your right to administer an estate in Pennsylvania. You fill out form Orphans Court Form RW-06 (you can download it) including filling in who is agreeing to administer the estate in your place. You have to sign the form in the presence of a notary. You give the... View More

Yes, you can disclaim your inheritance. There are time limits. Usually, a disclaimer is done for tax reasons.

You should have no need to attend any court hearings in PA if you are only a named beneficiary in the decedent's Last Will. However, if you are named as the Executor, an... View More

File the form, showing the box contents, and put this issue to rest.

If you fail to do the report, there is always a question, an open possibility that someone may allege that something of great value was inside.

People can do strange things during the pendency of an Estate.

It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More

It appears, from your post, that your are both the sole heir and the named Executor in the Will. As a matter of practice, it is always best that the named Executor/Executrix have the original, or a duplicate original, of the Will, inasmuch as it is the named personal rep who is responsible for... View More

I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.

So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.

The timing of probate would not be relevant unless there is something in the Will that would make it relevant. If the beneficiary was living at the time of death of the Testator and survived for any survival period required by the Will, the beneficiary would be entitled to the bequest. If the... View More

The Registrar of Wills in the county where the decedent passed will initially determine whether the Will is admissible for probate. Once accepted, yes, the named Executor/Ececutrix should arrange for the immediate publication of that fact, with the contact info of the named personal... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2023

If you are probating your Father's Estate, then you will have an Estate Bank Account. If no account, then you are not doing your job. But the title co. does not control how you administer the Estate. You may wish to use an attorney or another title co. to execute the sale. At least... View More

I agree with the prior answer by counsel, with a caveats.

When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of... View More

Someone, probably you, if you are your aunt’s sole heir, would have to be appointed as a “successor executor” of her estate. The correct title is actually “Administrator dbncta,” but it is just a successor. In that capacity the successor would file a claim for unclaimed property.

As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).

For that reason, I recommend that you proceed to... View More

If the Trustee ( Execeutor?) is not sharing information with you, you may need to engage your own attorney for Beneficiary Representation to obtain the accounting and release of funds (if that is appropriate). Much may depend on whether your father had a Trust, and this is a Trust Admininstration,... View More

Every asset to which the decedent/Estate is entitled, or outright owns, must be valued and included in the Estate for purposes of taxation and distribution.

An expected benefit from a class action suit, if the decedent was but one of a large class, will probably be disappointing. In my... View More

David Kennedy Bifulco Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... View More

A Will, once admitted to probate, and surviving any challenges to validity, distributes assets, and pays debts, existing as of the date of death.

If, prior to death, the testator transfers property to others, then that transfer, assuming it is not invalid, diminishes what is owned at death.... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023

The answer depends on the reason you deposited those funds. If the reason was just to open the account or maintain a minimum balance to avoid fees, then yes. If it was for some other reason, then the answer is you should ask your probate attorney.

Depends of what the Will says. Most Executors do have that power.