Pennsylvania Estate Litigation Legal Questions

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35 legal questions have been posted about estate litigation by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Estate Litigation Questions & Legal Answers - Page 2
Do you have any Pennsylvania Estate Litigation questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 35 previously answered Pennsylvania Estate Litigation questions.

Recent Legal Answers

who owns the house

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer
If you were married to him at the time you were put on the deed, it is presumed to be property held by the entireties and passes to the survivor, upon death of one owner. I would take the deed to a local lawyer to review it. 
If you were married to him at the time you were put on the deed, it is presumed to be property held by the entireties and passes to the survivor,... Read More

what holds more ground a will or a deed?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer
If the deed is joint tenants with right of survivorship, the property upon death passes to the surviving tenants. If the deed is tenants in common, the deceased tenants share goes into their estate. Have a local attorney review the will and deed for you.
If the deed is joint tenants with right of survivorship, the property upon death passes to the surviving tenants. If the deed is tenants in common,... Read More

Confusion about Vacation home in Will

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer
If it was sold before death it is not part of the estate and the proceeds should have gone to dad. If there are still proceeds in dad's bank accounts, that money falls into the estate residuary and in your case goes to sister. You should really let an attorney look at all of these documents to answer with certainty. ... Read More
If it was sold before death it is not part of the estate and the proceeds should have gone to dad. If there are still proceeds in dad's bank... Read More

parents estate distribution

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer
sounds good. you really need to confirm that if you are a trustee of a trust, can that effect your eligibility for SS income. you should consult with a local attorney about this and your bro in laws inaction. 
sounds good. you really need to confirm that if you are a trustee of a trust, can that effect your eligibility for SS income. you should consult with... Read More

selling house with mothers/brothers name on it.

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer
too complicate to answer without knowing all the facts. if mom died in PA, have a local PA lawyer look at everything, all papers including will, etc. to get an opinion.
too complicate to answer without knowing all the facts. if mom died in PA, have a local PA lawyer look at everything, all papers including will, etc.... Read More

Believe my brother misrepresentated his POA intentions

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer
if its enough money or property worthing fighting over, you can hire an attorney to file a petition for accounting of the POA funds. it will be scheduled for a hearing and brother and wife can come in and explain it to a judge.
if its enough money or property worthing fighting over, you can hire an attorney to file a petition for accounting of the POA funds. it will be... Read More
This is a surprisingly difficult question. As a general matter, when each of two persons has an interest in property, their names should be conjoined ("and") because each has a simultaneous interest in the property. This is a rule that is honored more in the breach than in the observance with respect to bank accounts, however, because people -- including bankers -- often think not in terms of who "owns" the property but rather in terms of who is entitled to withdraw it. With a "joint" bank account, either one "or" the other joint depositor may withdraw the funds, but both of them own the funds until they are withdrawn. With respect to personal property for which there is registered title, such as cars and airplanes, the use of "and" is almost always appropriate, together with some indication of the manner in which title is held (such as "joint tenants" or "tenants in common" -- although that's a lesson for another day).... Read More
This is a surprisingly difficult question. As a general matter, when each of two persons has an interest in property, their names should be conjoined... Read More
The answer is "yes" in the sense that it "can," but the bank may elect not to honor the designation if it is not made on the bank's form.
The answer is "yes" in the sense that it "can," but the bank may elect not to honor the designation if it is not made on the bank's form.
You don't explain any way in which those records are related to the performance of the trustee's duties. As a general matter, the trustee's rights and powers are limited to those set forth in the will, which means he cannot contest the will or the accounting of any other fiduciary. Beneficiaries, on the other hand, may generally demand an accounting.... Read More
You don't explain any way in which those records are related to the performance of the trustee's duties. As a general matter, the trustee's rights... Read More

my neighbor just purchased his lot, his deed has my lot on it

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
If the neighbor's deed purports to convey property that the neighbor's grantor did not own, it is void with respect to that property, and there is likely nothing for you to do. The neighbor has a problem, not you. Why don't you consult with your own attorney about this?
If the neighbor's deed purports to convey property that the neighbor's grantor did not own, it is void with respect to that property, and there is... Read More