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Pennsylvania Probate Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Why is a special warranty deed used when adding a spouse in pa

I’m married and asked my husband to add me on the the deed, he choose a special warranty deed not a quitclaim deed, and also stated that a 1$) dollar amount is transferred from me to him? Is that right, I say a affidavit is needed and he says it’s not necessary in pa for a married couple, is... View More

Mark Scoblionko
Mark Scoblionko
answered on Apr 5, 2018

A special warranty deed is better than a quit-claim deed.

The one dollar consideration is ordinarily referenced, but not paid. However, it certainly can be paid.

The deed does have to be notarized, but an actual affidavit is not needed.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: What happens to an estate if there is no will in Pennsylvania

My grandfather passed away. His 3rd wife says there’s no will. She thinks she’s entitled to the whole estate. I think it should be split between her and my dad and 2 uncles. My grandfather had 3 sons. 1, my dad, with his first wife. 2 with his second. No children with his third wife. How should... View More

Mark Scoblionko
Mark Scoblionko
answered on Apr 4, 2018

Where there is no Will, the Pennsylvania intestate law applies. The wife would get a fractional share and the "children" would share the balance.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: parents remarried, house in both names in PA, wife passed month before husband, which kids have ownership to house

each parent had two children. did the house go to husband once the wife died? if so, does that mean only his children have ownership to the house. no will from either

Mark Scoblionko
Mark Scoblionko
answered on Apr 3, 2018

If the property was jointly owned by the two parents, the property passes to husband on death of wife and then to the husband's children. If the property was owned as tenants in common, when the wife dies, the husband would get a statutory share (1/3) of her half and the remainder would go to... View More

1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: Is a19yr old responsible for her deceased fathers medical bills. He died with no llfe/medical insuran

She has a parttime job goes to college and lives with her mother. Basically there is no estate she has his car which is 9yrs old and needs repairs. What forms does she need to protect herself and be able to continue with school. She is a DELCO resident he was a BUCKS County resident.

Dawn Padanyi
Dawn Padanyi
answered on Apr 1, 2018

The deceased estate is responsible for the debt. Debt does not transfer to family members, unless the debt was in some way joint or the family member co-signed on the debt. If the family member is being contacted by debt collectors, she can contact the Attorney General's Office for assistance.

1 Answer | Asked in Probate and Estate Planning for Pennsylvania on
Q: How do I get a copy of my grandmother's will apparently I was left something in the will but no one ever told me
Michael Drew Raisman
Michael Drew Raisman
answered on Mar 28, 2018

If the will was probated, then you can get a copy at the local Register of Wills. You can also reach out to the executor who has an obligation to notify all heirs that an estate has been opened.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on
Q: We live in PA. We filed a Will and my fiancé left me the house. Do I need to b on the house title to be really Legal??

House was owned by deceased wife and my fiancé. She had four kids...can they fight me for the house even tho he has left it legally to me?

Michael Drew Raisman
Michael Drew Raisman
answered on Mar 28, 2018

It depends on the deed and will.

If the house was owned by your fiancé and his wife who predeceased him as tenants by the entireties, then the house would have become his upon the death of his wife. If the will leaving the house to you is valid, then the children shouldn't be able...
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1 Answer | Asked in Banking, Divorce and Probate for Pennsylvania on
Q: My mother remarried and found an old bank account of deceased husbands. Why can she not access the money?

It's been 10 years since he passed , she has had her last name changed, she says she needs to divorce her current husband and have her name changed back. Is this true? She is trying to take the money for herself and I need to know if I'm entitled to a share of it as I am his biological... View More

Michael Drew Raisman
Michael Drew Raisman
answered on Mar 28, 2018

If the bank account is in her deceased husband's name, then she may need to open up his estate. The bank probably will not give her the funds until she begins probate. In that case, she'll either need to present the will to the Register of Wills (of which you would then be entitled to... View More

1 Answer | Asked in Family Law and Probate for Pennsylvania on
Q: My mother received a check from her home owners insurance in my fathers name. He passed away a few years ago.

She was told she could not cash the check even though her name appears on the mortgage. what can she do?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 22, 2018

If she had an attorney assisting her with your father's estate, she should ask for assistance in handling this matter. If an estate was opened for your father, then the check can be deposited in the estate account and disbursed. If not, she might try contacting the insurance company to learn... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Pennsylvania on
Q: Mom passed away with no will. Has been separated for 10 years. He is incompetent and his family is trying to take estate

They have been separated for 10 years and he was in a accident a while ago and deemed incompetent. She lived a rough last year, and just passed away. His family is now trying to take the estate. What can I do?

Mark Scoblionko
Mark Scoblionko
answered on Mar 10, 2018

Unfortunately, you need to hire a lawyer. If no divorce action was filed, he is entitled to claim what is called a forced intestate share. He is likely entitled to one-third of the estate.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: My aunt and her sister lived in the same house for over 50 years together, the one aunt has one daughter .

the daughter lived in another state and was estranged from her mother, my aunt died the house was in my aunts name, now shes trying to kick my other aunt out and sell the house my aunt is 76, don't she have some rights for living there so long

Mark Scoblionko
Mark Scoblionko
answered on Mar 9, 2018

The surviving aunt has no rights merely because she has lived in the house for a long time.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: How can my 86 year old Mother have my deceased step-father's name removed from our house deed?

My Mother and I share a house and she wants to be sure our house goes to me, should anything happen to her. But my deceased step-father's name is still on the deed. She wants to have a new deed made with his name removed and my name added.

Mark Scoblionko
Mark Scoblionko
answered on Mar 5, 2018

If they were married and owned the home as tenants by the entireties, she automatically got the property by right of survivorship. That means that she now owns the property outright and can ignore his name on the deed. If she wants to convey the property to you or add you as an owner of the... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My sister died in PA without will or PoD. There are two surviving siblings and two deceased sibling.

The deceased sibling have surving children. How is estate divided?

Mark Scoblionko
Mark Scoblionko
answered on Mar 4, 2018

If there are no parents and she had no children, the estate would be divided between the siblings who survived her.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: My dad passed away. Does my brother in law have any rights or say to what my sister & I do w/ my dads estate ?
Mark Scoblionko
Mark Scoblionko
answered on Feb 20, 2018

Not unless there is a Will and he was named the Executor.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: please i really need help my grandmother passed away and my aunts ripped up her will

and before she passed away she left everything to my father and uncle and my aunts took her will out her safe and ripped it up and now they wont let my father in the house and we really need a lawyer

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 18, 2018

Your father and his brothers need to consult with an attorney experienced in probate law, which is the area of law that deals with, among other things, wills.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: My father passed away and city is after me for property tax on property he owned. Am I responsible?
Mark Scoblionko
Mark Scoblionko
answered on Feb 15, 2018

If you are not on the deed, you are not responsible. The estate is responsible. However, no distributions can be made from the estate and the house will not be able to be sold until the taxes are paid.

You should consult a lawyer.

3 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: sister in her will gives all to brother only. He dies before her. He has 3 children. Does it go to children?
Kenneth V Zichi
Kenneth V Zichi
answered on Feb 12, 2018

Depends on the wording of the bequest. Was it to her brother and ONLY her brother? Then maybe not -- it sounds like the bequest then would 'fail' and as a defective gift, the property would pass to the residuary beneficiary -- and if none is listed then it goes to her heirs at law.... View More

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2 Answers | Asked in Elder Law, Real Estate Law, Estate Planning and Probate for Pennsylvania on
Q: My mother is 89 years old and I am her caregiver. I work but bought a home so that I could meet her aging needs.

Both of our names are on the deed to my house because at the time, it was the best thing to do.

If she passes away, what happens with our home? What can I do to avoid any legal red tape?

Mark Scoblionko
Mark Scoblionko
answered on Feb 10, 2018

You need to consult with a lawyer to examine the deed. If you and your mother own the home as joint tenants with right of survivorship, her interest would pass to you automatically, but it will cost you 4% inheritance tax on her portion. If you own the home as tenants in common, her interest... View More

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on
Q: My parents have passed away, my dad wanted me and my husband to have the house, no mortgage , no will.

My siblings were all in agreement about us having the house. We pay all taxes and bills, can my siblings force us out.

Mark Scoblionko
Mark Scoblionko
answered on Feb 10, 2018

In the absence of there being a formal written agreement, the house passes equally to you and your siblings from the estate. Thus, they can force the estate to sell the house or for you to buy the house from the estate. You might be entitled to recover allocable shares of the costs from the... View More

3 Answers | Asked in Wrongful Death, Estate Planning and Probate for Pennsylvania on
Q: How is it possible for a father who was never in child's life allowed half of a wrongful death settlement

How do we stop the father who wasn't in child's life for 20 years from receiving half of the settlement, the lawyers say because it's Philadelphia that both parents receive money, but father isn't even on birth certificate. How can we fight this,is it possible to fight it and... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 30, 2018

I'm sorry but we can't second guess what your attorneys have told you. I suggest that you sit down in person with your lawyers and have them explain the issue more thoroughly. It's not because it's Philadelphia, but it may be because it's Pennsylvania.

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Inheritance with Requirements: Must get married

A grandparent died and stipulated in her will that a particular heir is required to marry if he is to receive his inheritance. Is this something that the executor of the state can waive? Or must it be challenged in court?

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 29, 2017

This is an estate planning question which somehow ended up going out to the family law attorneys. I'll venture a guess, and that's all it is mind you, that the grandparent was allowed to set any legal prerequisites to the inheritance and that, absent some allegation of coercion or mental... View More

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