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The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok
answered on Oct 11, 2024
Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More 
There’s a deed owned by 2 brothers in Reading, and one is deceased. The heir wants to put his name in place of his fathers.
answered on Sep 24, 2024
If the current two-brother deed is held as joint tenants with right of survivorship, the filing of a Certificate of Death of one brother with Registrar of Deeds should give surviving brother a clean (and insurable) right to the whole of the property. At that point, the sole owner (surviving... View More
Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More
answered on Sep 7, 2024
To do the things you want (you do not state the amount involved), you can initiate a probate (to pay estate bills, and PA tax on distributions to you is five percent) if there was a Will, or an Administration if there was no Will.
I've represented financial institutions for decades,... View More
Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More
answered on Sep 9, 2024
although you state that your name is on the account, you can be on account as Power of Attorney or authorized signer (Which both expired when your mother passed away), in which case you may have to open an Estate administration to get control of the funds and open an Estate account (depends on how... View More
I asked for estate planning lawyer and legal records and all I got was a painting dropped off in a war zone. What are my options? She owned assets, including house and car; they kept everything a secret and I'm disabled wit SSDI and constantly threatened by their friends.
answered on Sep 2, 2024
If there was a Will, it probably should be submitted to the probate court (you don't mention a Will, or whether the property was in your mom's name alone, or some other way).
If probated, the personal representative named in it would probably be appointed by the Court.... View More
Original praecipe for summons was attached, Dated Nov 7, 2023. So far no complaint has been filed. Should I file a praecipe and rule to file? I feel this is harassment from my deceased father's estranged wife. My father passed away 3 years ago, and the will has gone through probate, and... View More
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answered on Jun 21, 2024
Based on the information provided, here's my analysis and advice:
1. Timeline:
- Original praecipe for summons: November 7, 2023
- Reissue of writ of summons: June 10, 2024 (served on June 20, 2024)
- No complaint filed yet
2. Legal situation:
-... View More
They are requesting I get a court order for guardianship of a minors estate. Can I do this myself or do I need to contact a lawyer? What should my next steps be?
answered on May 22, 2024
My experience with insurance companies is that 1) they usually hope to delay payments out as long as possible, though they demand immediate payment of premiums, and 2) the quickest way to get payment if for a beneficiary to give them what they want (they have armies of lawyers on the payroll.... View More
His girlfriend was named beneficiary. Went to lawyer who wanted $5k. She wouldn't pay. My 3 sisters n myself and his church are to evenly divide 50% of his estate but we do not have access to anything. We have never had a good relationship with her. As benefactors, should we be updated on... View More
answered on May 5, 2024
Heirs' rights?
Yes, you actually do have many. The best starting point is duties of an Executrix in PA, which are many, but the overriding drive is that every personal representative of a probate estate is to maximize the value of the Estate for the benefit of creditors and the heirs,... View More
I have to sell my father‘s house due to the amount of debt he accumulated over the years. She hasn’t been keeping up with the mortgage payment, which is now three months behind. Can I sell my father‘s house while behind on payments? Do I need to give my father’s girlfriend, an eviction... View More
answered on Mar 2, 2024
Who is on the deed to the residence? Look at the most recent deed of record, the chain of title. Life estates? You can have a title search done for both ownership and all liens, and you should do that, as the personal rep of the Estate. If the Estate has a lawyer, that probate lawyer will know... View More
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answered on Feb 23, 2024
In the absence of a designated beneficiary form for a 401(k) plan, the distribution of the funds will typically follow the plan's default provisions and legal regulations. Generally, the spouse of the deceased individual is considered the primary beneficiary by default in many cases,... View More
answered on Feb 6, 2024
Pursuant to New Jersey statutory law, S.A, 3B:3-2B, a holographic Will, e.g., one handwritten by the decedent, even unsigned (the handwriting of the decedent of the context of the Will may be good enough), can be admitted to probate in NJ, regardless of the location of its drafting. But there are... View More
My mother passed away in October. I've been working with an attorney to settle her estate: me and the other heir's signed renunciation papers. I live in another state, and the others are unable to settle the estate.
answered on Jan 27, 2024
Admitting a Will and having a named personal representative (Executor/Executrix) appointed is a pretty simple matter, in most cases, although a personal appearance by the personal representative at the Probate Clerk's office is usually required, to be sworn in.
That can happen where... View More
Something just doesn't feel right with my in laws estate. The mother passed June of 2022 the father in September. They were seperated, so seperate estates. The mother in laws was just sent to the state for taxes, the lawyer said the stocks portion of it were tedious. My wife just had to... View More
answered on Dec 15, 2023
Whatever is "normal" is governed, and overridden, by a probated Last Will, with its description of powers of the personal representative/Executor.
The appointed pers rep is charged to ensure that any actions of the Estate work to maximize the distribution to the beneficiaries.... View More
In early October, my mom passed away suddenly and unexpectedly. She didn't have a will. She lived in Pennsylvania, and I'm in Texas, so I have to do all this from afar.
The probate attorney told me I would need death certificates for her. A few weeks ago, he told me he would need... View More
answered on Nov 26, 2023
Determination of legal heirs where there is no Will is provided in the PA statutes.
Your PA probate attorney has this answer at his fingertips.
While it does seem that the brother's children would anxious to prove their entitlement to shares of his estate, it is best to give... View More
My mother passed away recently, and she didn't have a will. I contacted an attorney to take care of her estate, and I'm getting the death certificates he needs.
He told me that since she didn't have a will, I'd have to get a bond. The problem is I don't have the... View More
answered on Nov 17, 2023
Probate court rules can vary from county to county, but in your situation, a "family agreement", which usually deals with matters of both distribution and procedures, would be a good place to provide that you are to be the personal representative and that you are to serve without bond... View More
e.g., An estate is established, no will exists. Probate (and some non-probate) items will be included on the Inheritance Tax Return filed for the estate. There also exist some non-probate items with beneficiaries named (e.g. IRA, annuities). Can the beneficiary file their own Inheritance tax... View More
answered on Nov 16, 2023
In PA, the "estate tax" is levied upon the fair market value of the benefit distributed. Usually, the Will provides that the Estate will pay all debts, and that includes the tax on bequests. Once paid, the distributed benefit gets the "stepped up basis" to its fair market... View More
My sister is executor, my mom passed May 2020, and had a very simple estate. Still not closed out, and she will not respond to emails from me or the probate attorney. There are deposits in moms name she will not clarify where they are
answered on Oct 25, 2023
This issue, and your questions, should be addressed to your probate attorney.
In PA, every personal representative, whether executor named in a probated will or and administrator, both appointed, and entrusted, by the court, is required to file an Inventory of all estate assets. That... View More
answered on Oct 24, 2023
with life insurance policies if there are no named beneficiaries the policy proceeds will be payable to your father's Estate. If your father had a Will, then the Executor named in the Will can probate the Will, open an Estate and then collect the proceeds from the insurance company. If your... View More
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answered on Oct 24, 2023
In Pennsylvania, if a life insurance policy does not have designated beneficiaries, the benefits typically become part of the deceased's estate. The distribution of these benefits will depend on your father's will or the state's laws of intestacy if he didn't have a will.... View More
My mother recently passed away. My father passed away in 2016. My mom had no will, no life insurance, or retirement savings. She had a mortgage, a car that was already paid for, and whatever money was left in her account from her monthly social security and wasn't already spent on the monthly... View More
answered on Oct 12, 2023
It is fairly simple to renounce your right to administer an estate in Pennsylvania. You fill out form Orphans Court Form RW-06 (you can download it) including filling in who is agreeing to administer the estate in your place. You have to sign the form in the presence of a notary. You give the... View More
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