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Pennsylvania Probate Questions & Answers
1 Answer | Asked in Bankruptcy and Probate for Pennsylvania on
Q: Death with complete but non-discharged bankruptcy. Car title is tenants in common Dad/son. Goal: transfer title. How?

The bankruptcy will not be discharged until next year. The trustee is receiving monthly payments and that cannot be paid off early. Is it possible to transfer the title to the name executor of the will WITHOUT the will being registered?

Even if the son on the title IS the executor?

Timothy Denison
Timothy Denison answered on Oct 26, 2020

No. Not possible.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Deceased mothers home deeded to her going for tax auction can they kick us out?

We pay the taxes but fell behind if not paid by the 30th it goes up for tax sale she is dead the deed is still in her name as we have not had the money to probate her estate

Anthony M. Avery
Anthony M. Avery answered on Oct 23, 2020

The Decedent's heirs at law own the property. After the tax sale, possession can be taken from you. The heirs will probably have a small time period to redeem from the tax sale purchaser. Hire a competent PA attorney to advise you who the heirs are, how to put together enough money... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: What is the procedure for filing a Small Estate Affidavit in PA?

Must an executor be named and an Estate Account established if there will be no sale of property, just the reclaim of a small amount of funds?

Michael Cherewka
Michael Cherewka answered on Sep 24, 2020

There is not enough specific information here to give you any specific answers. There is no requirement to open an Estate administration every time someone dies. If there are no assets to collect and no debts to pay it may be possible to avoid an administration. There are times when companies... Read more »

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1 Answer | Asked in Probate for Pennsylvania on
Q: I'm going through probate dad died and with no will he has a house with liens statue of limit ran out do you still pay

He has another one that was revived twice it expires again in 2021 do I have to pay them it ran out last time and they still let them revive it

Michael Cherewka
Michael Cherewka answered on Sep 18, 2020

you have a number of issues going on that make it too complicated to give you a short answer in an email like this. you need to meet with an attorney with experience in probate and real estate to determine what your obligations and options are, especially if you are the estate administrator.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Probate for Pennsylvania on
Q: Disposition of valuable patents following death of inventor no probate filed-how to proceed-discover commercial uses?

Need advice re Highly valuable international energy saving patents authored by recently deceased inventor and assigned to small Pa. company in which I hold shares and from which I am owed $.

No will or probate action I can find. Death in early 2020. Processes now being used by Morton... Read more »

Michael Cherewka
Michael Cherewka answered on Sep 14, 2020

There are a lot of unknown facts in your question/scenario which require review of existing documents ( the Company documents -Bylaws or Operating Agreement / Buy-sell / your loans to Company) (the Assignment of patent rights) and possibly some research regarding registration of the patents and the... Read more »

1 Answer | Asked in Probate for Pennsylvania on
Q: Is there any way to cash a check for under $500 made out to the estate of a person where no probate was required.

No estate account was opened.

Michael Cherewka
Michael Cherewka answered on Aug 24, 2020

There are limited opportunities where the issuer of the check may be willing to issue new check to surviving spouse or surviving child. Banks and brokerages will usually require proof that funeral was paid for.

1 Answer | Asked in Probate for Pennsylvania on
Q: Father's will transfers investments into testamentary trust. Wife is beneficiary of income from trust.

When is she entitled to that income--upon the death of my father(1) or upon the official establishment of the trust(2) And if answer is (1) how should the payment of these expenses be allocated between income and principal? Thank you.

Michael Cherewka
Michael Cherewka answered on Aug 14, 2020

This is a general answer to your questions since to give specific answers one would have to review the Trust document itself. You refer to a Testamentary Trust, so by definition the Trust does not become effective until the death of your father. You then refer to "payment of these... Read more »

1 Answer | Asked in Probate for Pennsylvania on
Q: How should a PayPal account of less than $1000 be handled when nothing else of the deceased's required probate?

Everything else of the deceased was jointly owned except for the PayPal account. The PayPal account is tied to a jointly held bank account. Can the surviving spouse transfer the money into that account? Can PayPal be required to release the money with just a death certificate? Would anything else... Read more »

Michael Cherewka
Michael Cherewka answered on Aug 3, 2020

Have not tried it with PayPal yet but most banks will release accounts of less than $10,000 when provided with copy of death certificate by surviving spouse and proof that the funeral has been paid for

1 Answer | Asked in Probate for Pennsylvania on
Q: Decedents property and bank accounts were jointly owned by the spouse. What happens to decedent's solely owned CC debt.

Additionally, spouse is beneficiary of an annuity in decedent's name. Am I correct that it seems that there is no estate to pay debts?

John B. Whalen, Jr.
John B. Whalen, Jr. answered on Jul 26, 2020

... hello ...

... from the information you provided, the answer would be yes - there are no funds to pay debts ...

... good luck ...

John

1 Answer | Asked in Probate and Estate Planning for Pennsylvania on
Q: What does it means to no longer live in a home pertainining to a Will

My Mother left a Will pertaining that my if my sibling no longer live at resident the house has to be sold.The sibling wasn't living there when the Will was written hasn't live there for over 2 yrs. never changed there mailing address so all the mail goes there,another sibling and... Read more »

Michael Cherewka
Michael Cherewka answered on Jul 25, 2020

This is a case where cannot give you an answer without reading the exact words of the Will. But in general conditions in a Will such as this are enforceable. So if the Will names a particular sibling, and states that the house is to be sold if that sibling is not living there, and that sibling is... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Is there oversight if someone dies and no one files a will?

My father, whom I was estranged from, died in April 2020. I am curious about his will and would like to know its content. I have no idea who the executor is or if there is one. He died in a nursing home. County says no will has been registered at this time. 1) Does someone have to file a... Read more »

Michael Cherewka
Michael Cherewka answered on Jul 2, 2020

Your post shows Oregon as the origin so I will start off by saying probate is state specific, depending on where the decedent resided at the time of death. That being said, in Pennsylvania there is no requirement to probate a Will unless the decedent had sufficient assets to open an estate, and... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My grandmother just recently passed but she left a handwritten will in which I was a witness to

In the will it states how she wanted her assets divided among the family which include money she had left in the bank. But however her daughter who has her named on the account refuses to carry out my grandmother wishes is this legal

Cary B. Hall
Cary B. Hall answered on Jun 18, 2020

Potentially, if your grandmother and her daughter were joint owners of the bank account (which is also called "joint owners with the right of survivorship" - check the paperwork that was signed when the account was opened, or when daughter's name was added to the account). In such a... Read more »

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: I have a vop out of northampton county from 2011

In 2011 i was put on probation for a misdermeanor in pa i never reported so i violated in 2014 i went to jail in florida did 30 days and paid everything off here in fl o called pa to take care of the bench warrant at the prob office they told me to pay all the costs and then pay the fee to remove... Read more »

Cary B. Hall
Cary B. Hall answered on May 21, 2020

Almost all courts and judges will require your personal appearance to remove an arrest warrant for a prior failure to appear. If you've done all that you say, and the Northampton Probation department has no objection to rescinding the bench warrant, then your chances are probably decent of... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: My mother died Without a will and a joint account with my brother. He refuses to probate the estate. What are my options

My brother says since he shared a joint account with my mother when she passed he is not legally obligated to split the estate and inheritance. And all her money belongs to him. She had no Will from what I understand which means her estate should have gone through the probate process.

I... Read more »

John B. Whalen, Jr.
John B. Whalen, Jr. answered on May 2, 2020

... hello ...

... your question depends on a few other questions that we’ll need the answer to in order to give you the best answer ...

... please feel free to email me ...

John

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2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: Grantor exercised Power of Appointment giving daughter house. Can trustee-brother sell house and place back in trust?

Grantor still alive, Pennsylvania. All other assets divided evenly. Trustee-brother wants to sell, put back in trust so that he can take HALF of proceeds of house upon grantors death instead of daughter getting 100%. Commingling?

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

It is not possible to answer your question without reviewing all of the relevant documents and verifying that the grantor had capacity at the time and had not Ben subjected to undue influence, but if all of that is true then no, brother cannot change grantor’s desired disposition.

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: What are my right's after my mom's death do I have since I lived with her to settle the estate and have to move out

I lost my job because of taking care of her my siblings left me to make all the decisions for her care now they want their inhierentence it's only been a month

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

If there was a Will, the Will controls. If there is no Will, you and your siblings have equal authority and equal responsibilities. You also get equal inheritances. However, you have the right to claim a “family exemption” right off the top because you lived with her. As I recall, that is... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Is there a time limit on probating a will?

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

Since I just answered your last question and you are now asking if there is a time limit on probating a Will, I will try to read between the lines and fill in the missing pieces.

It sounds like, when grandfather died, you never probated the Will and thus never got a deed from the estate,...
Read more »

1 Answer | Asked in Divorce, Bankruptcy and Probate for Pennsylvania on
Q: Looking for flat fee attorney to provide referral fee for sales from sellers in property sales from divorce, prob, bkrty
Timothy Denison
Timothy Denison answered on Mar 26, 2020

Check with your local bar association or legal aid society.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother died with no will. My stepsister and my aunt forged my mother's death certificate and took all of her money

My stepsister forged my mothers death certificate by saying she is my deceased mothers child, but in fact she is not related to my mother at all. The funeral director knowingly lied also, as he had conducted my step sisters mothers funeral a few years before my mother died. I was out of state... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 15, 2020

All of the acts you describe are wrongful, and the law does supply remedies for such wrongful acts, but you are going to find it very difficult to pursue your remedies on your own. Start by scheduling an appointment with a probate litigation attorney in the vicinity of where you mother had lived.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mom just passed away. It's only me & my oldest sister left but she refuses to be in contact with me to discuss

Anything with me regarding my moms arrangements or her personal belongings. What can I do to force her to give me my half of my moms belongings and deal with her final arrangements?

Michael Cherewka
Michael Cherewka answered on Mar 12, 2020

Very difficult to give you a complete answer with so little information. In general, if your sister fails to be in contact with you you can file a Petition with the Register of Wills (you are probably Lebanon County) to be appointed Administrator of your mom's Estate. Since your sister is... Read more »

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