My brother passed two years ago in January. My bipolar, control freak sister says she is the executior. Nothing has been done, she says she has a lawyer but won't tell me who. No documents have been filed in public records. A company contacted me stating that I am a beneficiary of the estate.... View More 
answered on Dec 21, 2021
Your father's estate, if your sister probated the Will, is a matter of public record in the Register of Wills for the county in which your father lived at the time of his death. if your sister probated the Will a copy will be in the Register of Wills office along with an Petition for Probate... View More
What are the options for getting an executor to do his job? This estate has been open since 2013, we finally settled the real estate in July 2021 which was the most outstanding unresolved asset. Now he simply has some tax issue to clear up and needs to do whatever it takes to close and make the... View More
answered on Dec 18, 2021
A beneficiary can compel a formal accounting by the Executor. Essentially the Executor ca offer an informal accounting and you can all sign a Family Settlement Agreement or can submit a formal accounting and ask for court approval. Either way you can demand an accounting now and file petition with... View More
give it equally to all her grandchildren. But her Will says that her sons should get that money. Do her grandchildren get the money or her sons? Now my brother is taking this to probate. Can he actually get money that was withdrawn from the safe deposit box BEFORE our mother’s death – at her... View More
answered on Nov 12, 2021
... hello ...
... there are a few issues here ... were you Power of Attorney over your mother? ... why did you have to give the money to her grandchildren? ... how much was given? ...
... the money may or may not be able to be pulled back, but it will be taxed on her Inheritance Tax... View More
I’ve been saving for 3 few months but it’s not easy when I pay all the bills, the house is paid off so there is no rent just condo fees. My uncle just sent me a letter giving me 30 days to leave or his team will take action to remove me. I’m not sure what to do or if I have any rights.
answered on Oct 14, 2021
"lost the will" doesn't cut it. See if an estate has been opened. The uncle can't just act regardless. You need to file a claim as a potential heir with the register of wills for whichever county you are in. You'd want to check to see if an estate has been opened. If it was... View More
My child lives elsewhere and my significant other has children
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2021
Hire a competent PA attorney to advise and draft a Deed. A simple Joint Life Estates/Remainder Deed might be appropriate here. Or a very good lawyer could specify Executory Interests, Conditions or even a Reverter, granting and habendum clauses. Remember the executed Deed takes effect now, not... View More
With his children
answered on Oct 12, 2021
Yes, you can make those arrangements by specific provisions in your will. One way is to give what is called a life estate in the property, which gives your boyfriend control of the property until his death, or until he no longer wants it.
There are other ways, using testamentary trusts,... View More
Everything done in secret. I would have inherited half the property since my mother died in 1984. I did not contest because the clerk at register of wills gave me wrong info and I did not have the money. This was also done in 2013. Can I still contest?
answered on Sep 17, 2021
No , the statute of limitations is long gone. For what it's worth, will contests are very difficult and had you filed back then you might not have won.
My divorced brother with 2 minor children lives in PA. My sister and I live in NJ. If we co administer the estate, will we be held responsible for his income tax if there isn't anything to pay with from the estate? He owned nothing and in the past had owed thousands in back taxes. Can... View More
answered on Sep 17, 2021
No, you don't have personal responsibilities for an estate's debts. You should make no agreement to pay any debt. If anyone claims you are responsible get all their information, write down what they said as exactly as possible, the date and time. Then just tell them "thank you, I... View More
Prior to their deaths, my youngest sister (among 5) took over handling all of their finances, at the request of my Mother, and became their power of attorney ("POA"), which I'm not sure was ever made official.
Following my Mother's most recent death, my sister ~ the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2021
It sounds like a probate was opened by your sister. Probate is a kind of court case and the records are public. You can go to the courthouse nearest where your mother died and ask to look at the file. You will probably find answers in the file. If you do not understand what you are seeing, you... View More
I know the 3 surviving children of my Mother's split her estate. Does that include the 2 deceased son's as well? Do their children get a piece of my Mother's estate without a will?
answered on Aug 2, 2021
Under Pennsylvania law when there is no will, assuming that your mother was not married at the time of her death, the estate would be divided into equal shares - one share for each living child and one share for each deceased child who has living children or descendants. Each living child would... View More
My mother passed away last year, and we didn’t have any issues with inheritance, except for a 1099 showing dividends from an employee stock plan. The account is very small, so it would be more expensive to probate it then it’s actually worth. We’d like to simply ignore it, but we know we’ll... View More
answered on Jul 8, 2021
No but before you decide not to did you look under unclaimed money on the Treasurer's website? Look under both her married and maiden names.
https://www.patreasury.gov/unclaimed-property/
Also if she had a car you want to pass title to, a house you would need to open a simple... View More
then ignore said beneficiary requests for an explanation?
answered on May 22, 2021
The powers of any Trustee are prescribed first by the wording of the Trust document itself, augmented by the powers specified in the PA statutes.
To answer your question correctly, a lawyer would need to examine the wording of Trust document.
Are there any rules governing what a Trustee must do to ensure they know what IS & IS NOT in the beneficiaries best interest and act accordingly?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2021
Entire books have been written on this subject, and this has been the subject of numerous lawsuits across the country. There is no simple one-size-fits-all answer, I am sorry to say. If you have a particular action in mind and would like legal advice regarding that, you should consult with an... View More
Four of us inherited, one of the executors gets a life estate and 40% share of assets and the remaining three get a 20% share of the estate. My siblings took their share of the money last May but the executors will not release my check until I sign off on my acceptance of 20% share of the home... View More
answered on May 3, 2021
It sounds like your executors are attempting to settle the estate with a Family Settlement Agreement which is the most common way to settle a small estate. If you are not in agreement with the proposed settlement you, as a beneficiary, have a right to request a formal accounting of the estate.... View More
My sister-in-law is executor of mother's will. She has not paid inheritance taxes since mother’s death in 02/2017. She will not even have conversation about will. I have been told that my wife, who is sister and co beneficiary in mother’s will, should get a lawyer to help with this issue.... View More
answered on Apr 26, 2021
First of all are you sure there is a Will? If your sister-in-law claims there is a Will, and that she is named Executor, and if she has done nothing to date your wife has some options, and she needs to meet with an experienced estate attorney to see what option is best. If you think there is a... View More
My dad passed Nov 2020 and the bulk of the estate goes to my dad's 2nd wife. I'm listed to receive the vacation home. I haven't read nor have received a copy of my Dad's will, the lawyer just read only the portion pertaining to me. Step mom is executor and hasn't offered a... View More
answered on Apr 12, 2021
As far as a copy of the Will, the executor is required to send you a notice that you are a beneficiary of the Will, and describe your bequest. Most executors provide a copy of the Will, but unfortunately that is not required and your executor has chosen not to send a copy. Her attorney is correct... View More
One person said to use C & G assessment value instead of fair market value to compute inheritance tax. True?
answered on Apr 8, 2021
PA inheritance tax on bequests to child/children is five percent. When that is paid, the property enjoys a "stepped up basis", so that on a subsequent sale of the property, any capital gain is computed as the difference between the stepped up basis and the sale price, both for PA and... View More
My understanding of Will is I own 1/3 . Will siblings need my signature to sell house ?
answered on Apr 2, 2021
The simple answer is- yes. Your siblings cannot sell/transfer your interest in the real estate if you are a record owner of it. However, if the property is held in a pending probate case, the executor/administrator may have a power to sell the property, subject to notice to all heirs at law and... View More
The executrix had the house demolished and is selling the property through a probate lawyer. What do I need to do to start the process, what documentation is involved, is this handled through the court? I made a verbal offer which was accepted but that’s all so far.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2021
You need to make an offer in writing. The estate will accept the offer in writing. It is a good idea to retain an attorney to assist you with the closing on the property. It is a good idea to get title insurance.
He was living with his girlfriend at her house at the time of his passing. He has a fairly large gun collection of about sixty or so firearms including some handguns. My brother is the named executor of the estate that he had to file to open. My father's girlfriend is refusing allowing us in... View More
answered on Mar 24, 2021
First of all since your brother is named Executor he has the responsibility and the authority to collect and protect all personal property of your father. Since you call your brother the Executor I am assuming there is a Will and the girlfriend is either not named in the Will or was not bequeathed... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
