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Pennsylvania Probate Questions & Answers
1 Answer | Asked in Probate for Pennsylvania on
Q: I have both a right to survivorship deed and right to survivorship will. Estate is less than 2000.00. Do I need attorney

To file probate or can I use ez probate to file on my own?

Michael Cherewka
Michael Cherewka answered on Feb 25, 2020

There are too many unknowns here to give you a complete answer, but there are some guidelines for you. If you are the survivor on the Deed, you will need to prepare and file a new Deed to show that you are now the sole owner. I am not sure what you mean by a survivorship Will, but if you mean... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: Mother died August 2019. Sister is executrix. There is a will and she and I are the only heirs. To be split 50/50.

I have never received an inventory or accounting and inheritance tax filed. Many items removed by sister without informing me. Would Title 20 chapter 33 subpart a apply to get information.

John B. Whalen, Jr.
John B. Whalen, Jr. answered on Feb 13, 2020

... hello ...

... yes (among other items) ...

... she has an absolute duty to explain and disclose everything to you ...

... I would consult an experienced probate and estates attorney if she has not done so ...

... John ...

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1 Answer | Asked in Probate for Pennsylvania on
Q: I had erred in my question. I was really wondering if Title 20, chapter 33 subpart a 3301 -3305 was applicable.

Contacted the attorney for the estate and he does not respond.

John B. Whalen, Jr.
John B. Whalen, Jr. answered on Feb 12, 2020

... hello ...

... I am very familiar with that statute but I don’t have the beginning of your question ...

... I would be more than happy to assist you ...

John

2 Answers | Asked in Probate for Pennsylvania on
Q: Is it necessary to file a probate in Pa if there is no estate?

My mother-in-law passed away Dec 28, 2019 with a will naming my wife executrix. She had no estate. She did have over $16,000 of debt. Final expenses were prepaid except grave marker which we will have to purchase. She had less than $700 in the bank. There is no life insurance, property or car.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

Nobody is ever required to file a probate. Interested parties usually choose to because they need to retitle assets or, if the interested party is a creditor, the interested party wants to get its debt paid. If there are no assets to retitle in your name and you are not a creditor of the estate,... Read more »

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1 Answer | Asked in Probate for Pennsylvania on
Q: is there a charge to find what it will cost to represent me for a no will estate in phila.pa

My brother and half sister are fighting to be administrator and ask me to sign a renunciation letter

Michael Cherewka
Michael Cherewka answered on Feb 10, 2020

you should check the websites or call local law firms in your area to see what their policies are. many firms that practice in this area offer the initial consultation for no charge

1 Answer | Asked in Probate for Pennsylvania on
Q: Mother died in Pa. With a will. My sister is Executrix. I have asked for accounting and inventory. Nothing received.

Does Title 20 section 3101c? apply in that I can request an inventory? Mother died in August. She (sister) also submitted errant info as part of inheritance tax filing.

Michael Cherewka
Michael Cherewka answered on Feb 10, 2020

Your sister might have filed an Inventory with the Register of Wills at the same time she filed the Inheritance Tax Return. Most estates are not completed until 9 months to a year after the date of death. Most estates are also completed with an Informal Accounting and some type of Release. If... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on
Q: My fathers house is in his will, he has had a stroke and may have to sell his house. What does that mean for the will?
Mark Scoblionko
Mark Scoblionko answered on Jan 29, 2020

A lawyer would have to review the Will. Generally, if the bequest is specifically limited to the house, since the house would no longer be part of the estate, the bequest becomes meaningless. If, however, the bequest is meant to include the proceeds of sale (which would be unusual), the recipient... Read more »

2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Can a child reside in a deceased parent's home, leaving the deceased parents name on the deed and continue to pay school

taxes and property taxes in deceased parent's name?When child gets short certificate, fo they have to report real estate if it's value is $6000?

Can a child continue to live there?

Vincent Gallo
Vincent Gallo answered on Jan 28, 2020

Doing this alone will not denote ownership of the real estate.

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1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: i’m 16 and i got 5 years of probation for trespassing and i’m in pennsylvania, but i don’t think that’s a fair sentence

i was with friends and went into a building that we all thought was abandoned but wasn’t and we all got in trouble with the law and went to court and “all” got trialed the same but me and 3 other of my friends got 5 years of probation but the most culpable friend only got 1 year because it... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 24, 2020

There is literally no way to answer this question. There may be differences in culpability. There may be differences in prior history. There may be differences in family life. There are literally a dozen reasons a judge could sentence one person differently than another. Ask your attorney,... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: If you inherit property through a person's will, can the finance company holding the note refuse to give you information

The finance company has been repeatedly sent a copy of the will, a death certificate and a short certificate and refuses to give any information to the executor, named in the will, or the person who inherited the property.

Michael Cherewka
Michael Cherewka answered on Jan 17, 2020

Difficult to give a complete answer without seeing all the documents, etc., but in general, once the Will has been probated and the Executor is issued a Short Certificate, a financial institution that has a loan with decedent and a mortgage or other lien on decedent's property is obligated to... Read more »

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Ex died, have marriage agreement and quadro signed before he died for 50 percent of retirement. I am alternate survivor

How do I file to enforce quadro order if ex died

Kathryn Hilbush
Kathryn Hilbush answered on Dec 16, 2019

Are you sure you're a surviving beneficiary and not just the alternate payee? If you're the alternate payee, it's quite possible that your payments are supposed to extend only while your ex was living. If you really were kept on as a surviving beneficiary, then you would be entitled to receive a... Read more »

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My father passed away without a will and he is survived by my sister and me. What are our rights to his personal items?

My father is predeceased by his parents and has no spouse. His home was signed over to the state of PA in order to pay for medical care, but his belongings remain in the home. After his death, other family members including his sister, brother and step mother have gained access to the home and... Read more »

Mark Scoblionko
Mark Scoblionko answered on Dec 14, 2019

Unless the state of PA would claim the personal articles, they would potentially pass to you and your sister. In order to get the remaining articles or the ones that were that were improperly taken, however, you would have to open an estate, and the estate would then have to sue. It would... Read more »

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2 Answers | Asked in Probate for Pennsylvania on
Q: My fathers estatehas been in probate for two years. How long does it take for an estate to be setyled in pennsylvania ?
John B. Whalen, Jr.
John B. Whalen, Jr. answered on Oct 24, 2019

... hello ...

... most estates in Pennsylvania take approximately two years to settle ...

... however - without knowing the facts of this estate - this answer could change ...

... there really isn’t an easy answer for this ...

... John ...

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1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: What would happen to a 23 year old on probation for gun charges dating a 18 year old

If the parents of the 18 year old are against the relationship is there anything they would be able to do

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

At 18 the person is no longer a minor. They could make life uncomfortable for the 18 year old and doubtless will. Is it worth it for either of you?

1 Answer | Asked in Elder Law and Probate for Pennsylvania on
Q: If I suspect a POA agent of abusing principal's finances, is it up to me to ask for a court's review of expenditures?

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 »

Michael Cherewka
Michael Cherewka answered on Oct 1, 2019

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 »

2 Answers | Asked in Probate for Pennsylvania on
Q: Probate was opened in pa and eight years later will was filed
Nina Whitehurst
Nina Whitehurst answered on Sep 18, 2019

What is your question?

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1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: In PA, if an account of the spouse is TOD to another family member does the surviving spouse get 1/3 elective share rig

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 »

Michael Cherewka
Michael Cherewka answered on Sep 16, 2019

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 »

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: Can a stricter county's public defender "withdraw from your case" if they simply do not want to fight for you??

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 »

Cary B. Hall
Cary B. Hall answered on Sep 14, 2019

In which county are you being charged?

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: In PA. My wife has an investment account created during the marriage. Can she will it all away or am I entitled to it?

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 »

Karen Ulmer Pendergast
Karen Ulmer Pendergast answered on Sep 13, 2019

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.

1 Answer | Asked in Estate Planning, Constitutional Law and Probate for Pennsylvania on
Q: Hi,Can a buyer/mortgage holder/beneficiary be demanded to do this or be threatened to go to court?

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 »

Nina Whitehurst
Nina Whitehurst answered on Aug 30, 2019

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 »

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