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My grandmother's property was left to me in her will, and it has been probated in Pennsylvania with me as the sole heir. I'm in the process of transferring ownership to myself, and there are taxes owed on the property. My goal is to eventually sell the property, and I need guidance on... View More 
answered on May 9, 2025
First, if the Will has been probated and the property is a specific bequest to you,it is the Executor's responsibility to prepare and record the new Deed for you. If you are the Executor as well as the heir, then you can prepare and file the Deed. Since your intent is to sell the property... View More
I used Freewill.com to prepare my will, leaving my house and savings account to my three children. The will states that all my assets are to be divided equally among them. I also had the will notarized. Will this will be legally valid in Pennsylvania, and will it prevent any potential legal issues... View More
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answered on May 9, 2025
I would caution you against using Freewill.com to create your will anywhere. I was just hired by a person whose parent passed with a will generated by Freewill.com. It has many flaws. I cannot tell whether they are flaws in the software or flaws in user input, but either way I am a little... View More
I need clarification on inheritance in Pennsylvania. My sibling passed away without a will, divorced, with no living parents or children. There are four siblings: we are all alive except for one who is deceased, but they have one living child. There is an estate with minor debts and liabilities... View More
answered on May 6, 2025
Based upon the facts you describe, the estate would be divided into four equal shares - one each for the three living siblings and one share for the child/issue of the deceased sibling. You mentioned the deceased sibling had one living child. If the deceased sibling had any other children who are... View More
My husband believes he doesn't need a will since he assumes I, as his wife, will automatically inherit everything. I think he should have a will. He has no legal documents regarding his assets, which are only in his name, and he wishes for me to inherit everything after his passing. He has... View More
answered on Feb 28, 2025
The short answer is for assets that are owned solely by your husband you do NOT inherit all of his assets when he dies. In fact, since the children are not from your marriage, you would most likely inherit only one-half (1/2) of his assets and the other half would go to his children.
if... View More
I am concerned about a situation where the same bank teller named themselves as the beneficiary of an alcoholic's IRA and managed to make withdrawals when the individual was intoxicated and legally married. The individual has now passed away, leaving notes that are difficult to interpret.... View More
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answered on Feb 23, 2025
You might start by the Next of Kin calling the local LEOs in PA. Apparently proof may be difficult. The surviving Spouse should at least make the complaint. A civil suit for conversion and fraud will be difficult, but discovery might show how the teller accessed the monies without authority.... View More
No Medicaid involved; proceeeds are in a joint savings account.
answered on Feb 7, 2025
Based on your summary there would be no probate ()assuming that mother had no other assets in her name).
The 1 year lookback you appear to be referring to is for PA Inheritance Tax purposes. If the house was sold to an unrelated 3rd party then the house is not included in tehe Estate... View More
The 403b is a traditional 403b that my aunt left me as the sole beneficiary. I plan on taking drawdowns over the 10 year time frame. I understand I will have to pay income tax each year, but am I required to reimburse the estate the 15% inheritance tax? It is considered a non-probate asset.
answered on Dec 22, 2024
You seem to be a well-informed person.
You give short shrift to underlying, probably important, facts, however.
For instance, does the aunt's Will pass the 403b interest to you?
Such obligations are usually contractual, between the decedent and the purchaser (aunt?),... View More
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answered on Dec 3, 2024
If you have inherited those policies such that you are now the owners, and if they have cash value, you probably can cash them out for their cash values. But cash values are sometimes far less than the death benefit so that might not be the smartest move from a financial planning point of view,... View More
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
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