Get free answers to your Probate legal questions from lawyers in your area.
My brother and half sister are fighting to be administrator and ask me to sign a renunciation letter
answered on Feb 10, 2020
you should check the websites or call local law firms in your area to see what their policies are. many firms that practice in this area offer the initial consultation for no charge
Does Title 20 section 3101c? apply in that I can request an inventory? Mother died in August. She (sister) also submitted errant info as part of inheritance tax filing.
answered on Feb 10, 2020
Your sister might have filed an Inventory with the Register of Wills at the same time she filed the Inheritance Tax Return. Most estates are not completed until 9 months to a year after the date of death. Most estates are also completed with an Informal Accounting and some type of Release. If... View More 
answered on Jan 29, 2020
A lawyer would have to review the Will. Generally, if the bequest is specifically limited to the house, since the house would no longer be part of the estate, the bequest becomes meaningless. If, however, the bequest is meant to include the proceeds of sale (which would be unusual), the recipient... View More
taxes and property taxes in deceased parent's name?When child gets short certificate, fo they have to report real estate if it's value is $6000?
Can a child continue to live there?
answered on Jan 28, 2020
Doing this alone will not denote ownership of the real estate.
i was with friends and went into a building that we all thought was abandoned but wasn’t and we all got in trouble with the law and went to court and “all” got trialed the same but me and 3 other of my friends got 5 years of probation but the most culpable friend only got 1 year because it... View More
answered on Jan 24, 2020
There is literally no way to answer this question. There may be differences in culpability. There may be differences in prior history. There may be differences in family life. There are literally a dozen reasons a judge could sentence one person differently than another. Ask your attorney,... View More
The finance company has been repeatedly sent a copy of the will, a death certificate and a short certificate and refuses to give any information to the executor, named in the will, or the person who inherited the property.
answered on Jan 17, 2020
Difficult to give a complete answer without seeing all the documents, etc., but in general, once the Will has been probated and the Executor is issued a Short Certificate, a financial institution that has a loan with decedent and a mortgage or other lien on decedent's property is obligated to... View More
How do I file to enforce quadro order if ex died
answered on Dec 16, 2019
Are you sure you're a surviving beneficiary and not just the alternate payee? If you're the alternate payee, it's quite possible that your payments are supposed to extend only while your ex was living. If you really were kept on as a surviving beneficiary, then you would be entitled... View More
My father is predeceased by his parents and has no spouse. His home was signed over to the state of PA in order to pay for medical care, but his belongings remain in the home. After his death, other family members including his sister, brother and step mother have gained access to the home and... View More
answered on Dec 14, 2019
Unless the state of PA would claim the personal articles, they would potentially pass to you and your sister. In order to get the remaining articles or the ones that were that were improperly taken, however, you would have to open an estate, and the estate would then have to sue. It would... View More
answered on Oct 24, 2019
... hello ...
... most estates in Pennsylvania take approximately two years to settle ...
... however - without knowing the facts of this estate - this answer could change ...
... there really isn’t an easy answer for this ...
... John ...
If the parents of the 18 year old are against the relationship is there anything they would be able to do
answered on Oct 22, 2019
At 18 the person is no longer a minor. They could make life uncomfortable for the 18 year old and doubtless will. Is it worth it for either of you?
Or, does a court review expenditures, as a matter of process, after a POA has been appointed? I can only guess it was a general POA. The principal (a PA resident) has, since, passed and, while I understand the POA was terminated with the principal's death, I fear the estate (small) is less... View More
answered on Oct 1, 2019
this is a very broad question so at best can give a general answer. If this was a POA pursuant to a written General POA signed by the principal (as opposed to a court appointed guardian or agent) then there is not much oversight unless the principal or someone on behalf of the principal reports... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2019
What is your question?
In PA, Marital asset being willed to another family member and account has a Transfer on death to another family member. If the surviving spouse is not left 1/3 of assets can they elect a 1/3 if it’s a TOD? Financial investment guy says it doesn’t matter if the surviving spouse doesn’t get... View More
answered on Sep 16, 2019
The spousal election is taken against all of decedent's assets as a whole, and not against individual assets. The statute is specific as to what assets are included in the election, and it also excludes a few. The eligible assets are NOT limited to probate assets. For example, jointly held... View More
Too long to get into. Never been charged with any crime until now. Lazy public defender has told me to shutup and accept plea deal. I'd like to hear the opinion of someone who knows criminal law; i have read and understood the PA Title 18 Codes and there's a few (I see) as fightable... View More
Money was from a malpractice suit that occurred during the marriage. She placed the money in stocks and bonds and she set it up to go to her family upon death. Can a marital asset be willed away from a spouse at death? We used funds from the account for a down payment on a second house and have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2019
In the event of death, a spouse may will their assets to anyone, however, the spouse has an elective share of 1/3 of the assets. This means that if your spouse leaves you less than 1/3, you can elect against the will to get the 1/3 of the assets.
In the event of a Triggering Event Consisting in the death of Grantors, or an intent to gift, lease, extend options for use or purchase or other transfer of beneficial interest in the surface estate to the Premises to anyone other than a Grantor, prior to effecting any such transfer, Grantors, or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2019
It depends on a number of factors, such as whether this is a private agreement or it is on the record. If it is not on the record, then it would not be enforceable AGAINST a buyer or a mortgage holder because they had no notice of it, but it still would be enforceable against the Grantor for... View More
I am looking for information regarding the removal of a statement in my deed that my grandmother (Grantor) would now like to have removed. The following is what she is wishing to have removed. "Reserving unto the Grantor a life estate in the within described property." This deed was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2019
The actual process of removing the life estate is fairly simple (for an experienced real estate attorney, anyway), but it should not be done without legal advise as to income tax, property tax and other implications, such as the effect this might have on Medicaid pre-planning.
I am the youngest of us 3, and I am named the Executrix in my moms will. I can't meet with an Estate Attorney until August 13 and found out my brother moved his girlfriend into my moms house with him. (She has her own key) He thinks he is owed everything and has lived there scott free for 7... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2019
This is a fairly common scenario and the answer is always the same. First, you need to hire a probate attorney to assist you with getting the house retitled in the names of the three heirs. Discuss this with your attorney, but as executor, you may have the duty to eject your brother and his... View More
My guardian passed away in 2010. I never knew or saw a will, and I was yet a young child. Now, I was cleaning out my home and I found the will. I was supposed to get half the house, half the car, half the funds, everything. I received nothing. I'm now 23 and found out my biological... View More
answered on Jun 29, 2019
... Hello ...
... Visit the Register of Wills in Philadelphia and ask to see the file ... It will give you a plethora of information - and you can start from there ...
... Once you have that information, I would suggest you consult with an experience probate and estates attorney to... View More
We have a house that was transferred from my grandparents. The deed reads as:
(Dad's name), a married individual, (my name) a single individual, (brother's name), a single individual, as joint tenants with right of survivorship and not tenants in common. (herein called... View More
answered on May 23, 2019
JTWROS means whoever survives owns--it isn't something that an estate gets. So you are the owner. 2014/7 deals with a situation where the property isn't titles the way this was.
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.
