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Pennsylvania Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: I'm inheriting a vacation home. Should I receive a copy of my dad's will, and from whom, or do I pay for that?

My dad passed Nov 2020 and the bulk of the estate goes to my dad's 2nd wife. I'm listed to receive the vacation home. I haven't read nor have received a copy of my Dad's will, the lawyer just read only the portion pertaining to me. Step mom is executor and hasn't offered a... Read more »

Michael Cherewka
Michael Cherewka answered on Apr 12, 2021

As far as a copy of the Will, the executor is required to send you a notice that you are a beneficiary of the Will, and describe your bequest. Most executors provide a copy of the Will, but unfortunately that is not required and your executor has chosen not to send a copy. Her attorney is correct... Read more »

2 Answers | Asked in Tax Law and Probate for Pennsylvania on
Q: Pa inheritance tax method? Mom died. the 100 acre farm(Pa) in clean and green will be sold outside of family.

One person said to use C & G assessment value instead of fair market value to compute inheritance tax. True?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 8, 2021

PA inheritance tax on bequests to child/children is five percent. When that is paid, the property enjoys a "stepped up basis", so that on a subsequent sale of the property, any capital gain is computed as the difference between the stepped up basis and the sale price, both for PA and... Read more »

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If house is left to 3 siblings , do all siblings have to sign for the sale of the house ?

My understanding of Will is I own 1/3 . Will siblings need my signature to sell house ?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 2, 2021

The simple answer is- yes. Your siblings cannot sell/transfer your interest in the real estate if you are a record owner of it. However, if the property is held in a pending probate case, the executor/administrator may have a power to sell the property, subject to notice to all heirs at law and... Read more »

2 Answers | Asked in Probate and Real Estate Law for Pennsylvania on
Q: I want to buy land of someone who is deceased through a probate lawyer.

The executrix had the house demolished and is selling the property through a probate lawyer. What do I need to do to start the process, what documentation is involved, is this handled through the court? I made a verbal offer which was accepted but that’s all so far.

Elizabeth Tarasi
Elizabeth Tarasi answered on Mar 27, 2021

You need to make an offer in writing. The estate will accept the offer in writing. It is a good idea to retain an attorney to assist you with the closing on the property. It is a good idea to get title insurance.

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1 Answer | Asked in Estate Planning, Probate and Small Claims for Pennsylvania on
Q: My father passed away in early January. We live in Pennsylvania and he passed away without a will.

He was living with his girlfriend at her house at the time of his passing. He has a fairly large gun collection of about sixty or so firearms including some handguns. My brother is the named executor of the estate that he had to file to open. My father's girlfriend is refusing allowing us in... Read more »

Michael Cherewka
Michael Cherewka answered on Mar 24, 2021

First of all since your brother is named Executor he has the responsibility and the authority to collect and protect all personal property of your father. Since you call your brother the Executor I am assuming there is a Will and the girlfriend is either not named in the Will or was not bequeathed... Read more »

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My grandfather just passed on. In his will he said his monies were to be split between his 3 daughters. There is an

Investment worth around a hundred thousand or so. At the reading of the will the sister who was P.O.A and also executor of his will jumped up and said "I am the beneficiary of that" the lawyer tried to explain that Pap wanted the money split 3 ways but she kept saying, I am the... Read more »

John B. Whalen, Jr.
John B. Whalen, Jr. answered on Mar 15, 2021

... hello ...

... yes she can ... although your father may have wanted it split, a beneficiary designation overrides the Will ...

... good luck ...

... John ...

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Sister-in-law (executor) has not paid inheritance taxes after mothers death in 2017, what can I do to protect my wife?

My mother-in-law died Feb. 2017. Sister-in-law took will to courthouse Feb. 2018. Will was drawn up in Ohio, and does not meet PA standards, she needs notarized statements to authenticate mother’s signature. After 3 year she has done nothing. Court has no records that inheritance taxes have... Read more »

Michael Cherewka
Michael Cherewka answered on Mar 7, 2021

if your sister-in-law "took the Will to the courthouse" I will assume that your sister-in-law is the named executor. if that is the case neither you nor you wife can do anything other than (i) demand that she hire an estate attorney and finish the estate administration (including payment... Read more »

5 Answers | Asked in Real Estate Law, Probate and Estate Planning for Pennsylvania on
Q: My father in law died in Oct. He owned a home had a life insurance policy and a union pension. No will help?

My father in law died in Oct. He owned a home had a life insurance policy and a union pension. He had no will in PA. We are having trouble getting information about the policy, deed for the home, actually ever thing we try is an issue we only have a death certificate. Need probate I believe but not... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 5, 2021

Where there is no will, the PA statutes explain, in detail, who will be the "heirs at law" who inherit a decedent's property.

Whenever real estate is involved, unless it is held in joint tenancy with right of survivorship, and the co-owner survives, a probate is necessary to...
Read more »

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2 Answers | Asked in Probate for Pennsylvania on
Q: case law regarding a will that sets money in a trust for grandchildren & the grandchild dies before receiving said money

My son died before he got the trust & the trustee wants the money to be given to the other surviving grandchild. The father wants 1/2 the trust money as a surviving heir. I ( the mother) want it given to the other & only grandchild

Michael Cherewka
Michael Cherewka answered on Feb 5, 2021

i am afraid i am going to have to give you a typical attorney response--it depends, on the language that created the Trust. Most wills and trusts address this question in the document--that is a question that is usually asked of the grantor (creator of the trust) and is usually addressed, first by... Read more »

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Can a Credit Union drain account to pay for credit card immediately after death?

I am a joint owner on my mothers checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). I now have no way to pay for her funeral. I was under the assumption that creditors would... Read more »

Steven J. Fromm
Steven J. Fromm answered on Jan 31, 2021

Please see my answer on your January 6, 2021 posted question which is the same as this question.

2 Answers | Asked in Civil Litigation, Probate and Estate Planning for Pennsylvania on
Q: My dad died Aug 17th 2019 and I just found out that my dad left me monies but I think my brother and sister stole what

What was left for me can I get it back or is it too late to do anything

Michael Cherewka
Michael Cherewka answered on Jan 25, 2021

You will really need to sit down with an experienced estate attorney to review what has happened so far. Since dad died in 2019, you should have been formally notified whether an Estate was going to be opened. If dad had a Will you would receive Notice that an Estate was opened and you were a... Read more »

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2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My father is in the hospital and not expected to survive. Someone is living on his property and I'll need them to leave.

My father is unresponsive and deteriorating. This was unexpected and he doesn't have a will. My parents are divorced and I am the oldest of his 2 adult children. He owns a trailer in a mobile home park and a former girlfriend is living there. My father was living there originally but got an... Read more »

Mark Scoblionko
Mark Scoblionko answered on Dec 29, 2020

You will have to hire a lawyer and open an estate. Either all of the siblings must serve as co-administrators or the other siblings can sign a renunciation form so that you can serve as the sole administratrix.

If the lot is rented to your father, even though she pays the rent, once the...
Read more »

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2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My brother passed away no kids or wife. No will that we can find. There are four remaining siblings, who becomes the

executor of his estate or how can I become the executor.?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 17, 2020

In intestate (no will) cases, an Administrator, or Personal Representative, not an Executor, or Executrix, is appointed,

But each serves the same fiduciary function, to gather up and maximize the value of the estate for the benefit of the legal heirs.

The PA statutes designate the...
Read more »

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1 Answer | Asked in Probate for Pennsylvania on
Q: Joint owner of deceased significant other checking account .inheritance tax ?

My significant other , added my name to his checking account prior to his death ,on 9/21 2020 .

He added my name to the account 9/15 2020. I closed the account few days after death transferred the money to my account , we both had the same bank. He had No will , no other assets . I... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 28, 2020

In PA, transfers of assets as gifts within 8 years of the date of death are considered to be "in contemplation of death", are by law are included in the taxable estate of a decedent.

The PA "death tax" has no exemptions, and taxes the very first dollar in a...
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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.

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