It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More

It appears, from your post, that your are both the sole heir and the named Executor in the Will. As a matter of practice, it is always best that the named Executor/Executrix have the original, or a duplicate original, of the Will, inasmuch as it is the named personal rep who is responsible for... View More

Just a P.S. Financial accounts, whether at financial institutions, insurance companies, brokerage houses, or the like, can be contractually required to make payments to a named, authorized joint account holder (right of survivorship) or other designee. The requirement of a short form by your... View More

if all of the accounts are POD or TOD or have named beneficiaries, then there is no need for you to probate Will and get Short Certificate.

if your father forgot to designate a POD or TOD or Beneficiary on one of the accounts you may still be able to avoid probate if the amount in that... View More

I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.

So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.

As a follow-up, from your question, I assumed that the Will naming you as Executor has been presented to and accepted for the opening of a probate case by the Registrar of Deeds/Probate Court.

However, even absent that fact, there is judicial precedent in PA that real property passes to the... View More

The timing of probate would not be relevant unless there is something in the Will that would make it relevant. If the beneficiary was living at the time of death of the Testator and survived for any survival period required by the Will, the beneficiary would be entitled to the bequest. If the... View More

The key to the answer to your question is the wording of the Will admitted to probate. If the Will states that the beneficiaries take PER STIRPES, meaning, roughly, "branch", then that beneficiary's Estate, wife and children or heirs will take the inheritance. If the Will does not... View More

The Registrar of Wills in the county where the decedent passed will initially determine whether the Will is admissible for probate. Once accepted, yes, the named Executor/Ececutrix should arrange for the immediate publication of that fact, with the contact info of the named personal... View More

I agree with the prior answer by counsel, with a caveats.

When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of... View More

As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).

For that reason, I recommend that you proceed to... View More

If the Trustee ( Execeutor?) is not sharing information with you, you may need to engage your own attorney for Beneficiary Representation to obtain the accounting and release of funds (if that is appropriate). Much may depend on whether your father had a Trust, and this is a Trust Admininstration,... View More

Every asset to which the decedent/Estate is entitled, or outright owns, must be valued and included in the Estate for purposes of taxation and distribution.

An expected benefit from a class action suit, if the decedent was but one of a large class, will probably be disappointing. In my... View More

David Kennedy Bifulco Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... View More

A Will, once admitted to probate, and surviving any challenges to validity, distributes assets, and pays debts, existing as of the date of death.

If, prior to death, the testator transfers property to others, then that transfer, assuming it is not invalid, diminishes what is owned at death.... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023

The answer depends on the reason you deposited those funds. If the reason was just to open the account or maintain a minimum balance to avoid fees, then yes. If it was for some other reason, then the answer is you should ask your probate attorney.

Whether your mother is a distributee of the uncle's will depends upon how the uncle's will reads. It's common for Wills to include alternate provisions for named heirs who predecease the testator, and your great-uncle's will may well redirect the bequest to your mother when she... View More

whether or not you would receive your mother's share will depend on the wording of your uncle's Will and may also depend on whether your mother survived your uncle and then died, or whether she predeceased your uncle. Since you have been contacted by uncle's estate attorney you have... View More

A guardianship of a minor's estate is required if the amount of the minor's assets exceeds $25,000.00. A guardianship of a minor's would be established by petitioning through the Orphans Court Division of the Court in your county.

It is important to note, however that while... View More

David Kennedy Bifulco Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2022

Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have... View More