Estate Litigation Legal Questions

As you inherit the estate either way, you should not worry about the issues.  If however, there are significant bills for the estate to pay, you need to figure out a way to get the insurance company to honor the change form.  You will need to hire an attorney to help with this matter.... Read More

You probably are entitled to at least a portion of his estate, notwithstanding his transfer of the assets to someone else, based upon community property laws, but the devil is in the details and I would have to look at the trust language for clarity.   Who is the trustee of his trust and were your assets segregated from your husband’s during your long-term marriage?   As to assets NOT properly transferred into his trust, yes, you would have to petition the court to be named as executor so you have authority over those assets.  That would be completed in the Probate department.  This is a very simple answer to what could be a complex matter and, again, I would have to get a more complete picture to firmly state your position.    I hope you find this helpful. ... Read More

There are more facts that are needed, such as the type of lien. If it is a property tax lien, then it would probably attach to the whole property. If it is an IRS lien, then it hopefully only attach to the portion of the property owned by the older sister's husband. With all that being said, there should be no document stating that the older sister's husband owns an interest in the home, and thus I would presume that this is a property tax lien.  If it is a property tax lien, it will need to be paid from the proceeds of the sale.... Read More

I'm sorry for your family loss.  In almost every case when a person dies having personal property or real estate, an estate should be administered.  When an individual dies, it is often necessary to follow formal procedures in settling the estate. This process is called estate administration.  A personal representative (another name is an executor) is the individual charged with administration of an estate.  The estate administration must be filed with the Philadelphia Register of Wills.  Your mother's will may state who, in your sister's absence, will serve as executor.  If so, that person must be appointed by the Register.  If no person is identified, then you and your siblings have equal right to be appointed.  If you want to be the one, your siblings must "renounce" their rights to serve by signing a form to that effect.   Personal Representatives have serious obligations.  They must open the estate, notify all potential beneficiaries of the estate administration, collect and protect estate assets, pay the debts, expenses and taxes associated with the estate, file an inheritance tax return, follow state and local rules regarding the administration process and then distribute the assets to the beneficiaries according to the will or state law.  There are costs and expenses that must be paid to administer an estate as well.  It's a lot to do and most cannot do it without the assistance of an attorney.  My law firm handles estate administration in Philadelphia.  If you are interested in retaining my law firm for that assistance, please do not hesitate to contact me.   ... Read More

Caring for an elderly relative is an honorable but challenging undertaking.  I wish you all the best in caring for your Aunt.  If she is in need of assistance with her finances and she wants you to help out, it would be a good idea to start by seeking out an attorney to prepare a power of attorney for her naming you as her agent.  If there's any doubt whatsoever of her capacity to understand what it means to give you her power of attorney, it would be best to visit with her physician and together determine if she has sufficient capacity to do so.  Then you can go about collecting data on her assets and expenses to get those in order.  If she's retained an attorney in the past to prepare a will for her, it is a good idea to seek that person out.  However the identity of that person is not listed in a pubic registry.  Hopefully your Aunt can tell you.  You should seek the advice of an attorney for more detailed assistance.  ... Read More

I am sorry to hear of this. I encourage you to find an estate litigation attorney.  The venue for a court action would be the county where the trusts principal place of business is. This is probably where your sister lives. Thus you might want to find an attorney there.  Do not delay. Good luck. -John... Read More

With your father being alive I would say you do NOT have a right to get a copy of his will. You can most certainly ask for it but I don't think anybody has an obligation to give you a copy.  After death the rules are different and you would be entitled to a copy. You might check the county records to see whose name the house is in. Sometimes people gift a house during life.  Though this is often a bad move from a tax standpoint people still do it. Knowing this might 1) quench your appetite for information and/or 2) you might have options to pursue now. For example, if your dad is not mentally competent and gave the house away that could be a transaction you could undo now!? I would seek the aid of an estate litigation attorney eventually. Good luck. -John... Read More

The only way to remove someone from a real estate deed is if that person voluntarily consents to the removal and signs the deed in front of a witness and a notary public, or if you get a superior court judge to remove that person from the deed, either by way of a divorce or other equitable action.... Read More

Thank you for your question. I assume the house was owned by both your mother and father.  If so, you have to think of the ownership of the house as having two (2) halves.  One half was owned by your father and the other half by your mother. Upon your father's death, his one half ownership of the house would go equally to all of his children since he did not have a will.  Those children basically co-owned the house with mom until her death. Upon your mother's death, her one half ownership of the house will be transferred to whoever she named in her will, assuming it is a valid will and the original of the will can be located.   You mentioned that mom's will says that one half of the house is be divided among the remaining children.  Remember, mom cannot give away the half that dad owned.  So depending on how this is worded in her will, this might result in one-half of her one-half going to the children.  This would possible result in the children owning three fourths (one-half from dad, plus one-fourth from mom) of the home, with the remaining one fourth by the grandchild.  You will need an attorney to look at if for you to determine if this is the case. Our office handles succession issues like this daily.  You  can learn more about us at www.LouisianaSuccessionAttorney.com Sincerely, Brad P. Scott Probate and Successions Attorney... Read More

Are you the named executor and your mother passed away?  Have you been appointed by the court to be executor?  If you are the executor, then you should have redeemed the account and paid the creditors then distributed the balance to the beneficiaries.   If you can no longer handle the duties as executor, you can resign the position.... Read More

Generally, whenever someone buys property that has a tenant in it, the buyer is accepting that fact and you will be allowed to stay in the property with all rights you have under the lease.  However, you should have a lawyer read your lease to make sure that your rights are not effected by a sale of the property.... Read More

I assume from your question that your mother died without a will and without any other property?  The CD is controlled by the terms of the contract your mother had with the bank that issued the CD.  Generally, if the bank does not hear from the owner by the due date, the bank will roll the CD over into a new CD of like terms as the old CD.  If you name was not on the CD as an owner or a beneficiary, then you will need to open and estate for your mother to obtain the power you need to redeem the CD.  You will have to follow the rules of estate administration if you are placed in charge of your mother's estate.  You should visit the probate court in the county where your mother resided to get more information.... Read More

If you want to keep the funds from being accessed by your husband, you will need to keep your inheritance in a separate account with only your name on the account.  If you place the proceeds in a joint account, the funds generally become accessible by all owners of the account.  Without knowing how the will is written, and how it tries to keep your husband from exercising any rights over the funds, it would seem that once the funds are in your possession, you are free to do with the funds anything you wish. ... Read More

It sounds as though you are mixing concepts. An attorney would need to review the probate of your mother's estate and the probate of your father's estate. If the second wife lived in the house (homestead), then she probably has a life estate in that house. I doubt she will be forced out in that situation. For more information, you would need to contact an attorney.... Read More

Did the individuals receive title to the property while your sister was living or did they inherit the land when she passed away? How long ago did they receive the property? If they did inherit the property subject to certain instructions you may have the ability to petition the court to ensure that your sister's intent is being carried out. Thanks,Jon... Read More