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 than... Read more »
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... Read more »
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... Read more »
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... Read 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 defenses. I was... Read more »
In which county are you being charged?
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... Read more »
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... Read more »
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... Read 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 done in... Read more »
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... Read more »
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... Read 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 father... Read more »
... 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... Read 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 "Grantees")... Read more »
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.
And what options do i have to not lose years of my life over this? I have completed everything that probation has asked of me. I have nothing but paying my fines and showing up left as a criteria. I stopped smoking successfully before this time has been harder for me and has taken longer than last... Read more »
I'm not hearing why they think you did. Assuming you didn't tell them you did, it may be from a bad urine screen? You have a right to know why. Suggest you contact an attorney. They shouldn't be bouncing you for just that.
Legal division of assists. Father gets homestead he dies 30 days before order is distributed. Mother is benefactor of his will, she is informed in 2010 hearing that she cannot inherit or take elective share due to final divorce decree. Mother dies in 2015 father died 2008. C3 children get fathers... Read more »
..."Executor comes along in 2016 for mother’s estate claiming owner ship of fathers house lower court gives it to them." The house would go to mothers ..."real or residual remaining"....
Decedent has a 1/3 undivided interest in 22.86 acres located in Mercer County.
The estate has to transfer the deed to the beneficiary
Both of my parents are deceased but we still get some awards from asbestos litigation. These funds are all the estate they had. The attorney wants to get his share from the litigation and then charge an additional 9% to manage each estate. The lawyer is in Baltimore.
yes that is the practice
What is the longest time...
You might want to try again with this question, giving just a bit more information. Are you asking how long you have to wait before you receive something you inherited? That would depend on quite a few factors, such as what it is, is it being divided among other heirs, is it in a form that would... Read more »
She resided in PA. She had no beneficiaries listed on the insurance policies. Should I probate, not probate and collect the monies as her sole heir, or just sign the monies over to the Pennsylvania for estate recovery? The insurance company stated that if I did not probate her estate that they... Read more »
The insurance policy usually names a benificiary. Generally you do not probate when the only assets are insurance policies.
I lent my mom the money about two years ago, When I asked her for it back she said that she spent the remaining $25,000 last week, $25,000 is all I was asking her give back to me. The original total my gram left me was $37,000. She is now refusing to pay me back. How can I get back the money my... Read more »
You may have to sue your mother in civil court -- although if she has no money in which to satisfy any civil judgment against her, all you'll be left with is the judgment paper itself at the end of the day. Perhaps she'd be willing to enter into some kind of repayment plan?
Best of luck to... Read more »
their daughter took my copy of their, now closed divorce agreement, and refuses to give it back.
Highly doubtful. If you were to receive any portion of his pension, that would've been accomplished during your divorce proceedings -- and by something known as a Qualified Domestic Relations Order (QDRO, pronounced "quad-dro" by family law practitioners). If that wasn't done then, you most... Read more »
I’m on unsupervised probation in the state of Pennsylvania for 1-23 months and my fines will be paid by the end of the week. The conditions allow me to “travel” out of state freely. It also says to notify my probation officer if my address changes. I plan on talking to him tomorrow about... Read more »
Do talk to your P.O. -- he'll know what your local jurisdiction can do (and not do) about you moving away and/or transferring your probation to New York. I think you'll have little chance to terminate your probation early at this point, however. Maybe serve a year of your probation first, and... Read more »
My father was a liver transplant patient and he was also my grandma's care taker whom he lived with. I believe it was 2008 my grandma became very ill and we thought we may loose her so in an effort to save my dad from any issues with his disability/SSI he hired an attorney to draft a special needs... Read more »
I would need to read both wills and the trust to answer your question.
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